PRESIDENTIAL DECREE NO.

881 (2) This term shall not apply to foods, drugs, and
cosmetics nor to substances intended for use as fuels
Title: Empowering the secretary of health to regulate when stored in containers and used in the heating,
the labeling, sale and distribution of hazardous cooking or refrigeration system of a house, but such
substances term shall apply to any article which is not in itself a
pesticide but which is a hazardous substance, as
Date signed: January 30, 1976
construed in paragraph (1) of this sub-section, by
reason of bearing or containing such harmful
substances described therein.
Section 1. Definitions.
(e) “Toxic” – any substance (other than a radioactive
(a) “Secretary” – the Secretary of Health. substance) which can cause injury or illness or death
to man through ingestion, inhalation, or absorption
(b) “Administrator” – the Food and Drug through any body surface.
Administrator.
(f) “Highly Toxic” – any substance which has any of
(c) “Person” – any individual, partnership, the following effects:
corporation or association, trust, government or
governmental subdivision or any other legal entity 1 2 3
other than the consumer. Death within 14 within 14 within 14
days days days
(d) “Hazardous substance” means: Size ½ or MT ½ or more of ½ or more
number ½ of a a group of 10 of a group
(1) (a) Any substance or mixture of substances which: group of or more of 10 or
10 or more
(i) is toxic, more
(ii) is corrosive, Lab Lab lab white Rabbits
(iii) is an irritant, animal white rats
(iv) is a strong sensitizer, used rats
(v) is flammable or combustible, or Wt of Bet 200 Bet 200 &
(vi) generates pressure through the lab & 300 300 grams
decomposition, heat or other means, if such animals grams
substance or mixture of substances may Admin orally inhaled continuous
cause substantial injury or substantial illness continuously contact
during or as a proximate result of any with the
customary or reasonably foreseeable bare skin
ingestion by children. for twenty-
four hours
(b) Any substance which the Secretary by regulation or less
finds, pursuant to the provision of this Decree, to be Dosage single period of 1 hr 200 mg or
under the categories enumerated in sub-paragraph dose of or less at an less per
(1) (a) of this paragraph. 50mg or atmospheric kilogram of
less per conc. of 200 body
(c) Any radioactive substance, if, with respect to such kg of BW parts per weight
substance as used in a particular class of article or as million by vol
packaged, the Secretary determines by regulation or less of gas
that the substance is sufficiently hazardous to or vapor or
require labeling in accordance with this Section in 2mg/L by
order to protect the public health. volume or
 less of mist outside container or wrapper, and (2) on all
or dust accompanying literature where there are directions
for use, written or otherwise.

(m) “Immediate container” – the container or

(g) “Corrosive” – any substance which on contact package which is immediately after or near the
with living tissue will cause destruction of tissue by substance excluding package liners.
chemical action, but shall not refer to action on
inanimate surfaces. (n) “Misbranded hazardous substance” – any
hazardous substance intended, or package in a form
(h) “Irritant” – any substance not corrosive within suitable, for use in households, especially by
the meaning of subparagraph (g) of this section children, the packaging or labeling of which is in
which, on immediate, prolonged, or repeated violation of the special packaging regulation issued by
contact with normal living tissue will induce a local the Secretary or if such substance fails to hear a label
inflammatory reaction.
1. which states conspicuously
(i) “Strong sensitizer” – any substance which will
cause on normal living tissue, allergy or (A) the name and place of business of the
photodynamic quality of hypersensitivity which manufacturer, packer, distributor or seller;
becomes evident on reapplication of the same (B) the common or usual name, or the chemical name
substance, to be designated as such by the Secretary. (if there be no common or usual name) of the
hazardous substance or of each component which
(j) Terms of substances depending on their flash contributes substantially to the harmfulness of the
point determined by the Tagliabue Open Cup Tester substance, unless the Secretary by regulation
permits or requires the use of the recognized generic
Tagliabue Open Cup Tester name;
Extremely flammable at or below 20°F (C) the signal word “DANGER” on substances which
flammable above 20°F are extremely flammable, corrosive, or highly toxic;
combustible above 80°F - 150°F (D) the signal word “WARNING” or “CAUTION” on all
other hazardous substances,
(k) “Radioactive substance” – any substance which (E) a frank statement of the principal hazard or
emits ionizing radiation. hazards involved, as “Flammable”, “Vapor Harmful,”
“Causes Burns”, “Absorbed Through Skin”, or similar
(l) “Label” – a display of written, printed or graphic wording descriptive of the hazard;
matter upon the immediate container of any (F) precautionary measures describing the action to
substance be followed or avoided, except when modified by
regulation by the Secretary pursuant to Section 2 of
An article which is not packaged in an immediate this decree;
container but suitable for delivery to the consumer, (G) instructions, when necessary or appropriate, for
the display of label is placed directly upon the article first-aid treatment;
involved or upon a tag or other suitable material. (H) the word “poison” for any hazardous substance
which is defined as highly toxic;
A requirement made by or under authority of this (I) instructions for handling and storage of packages
Section that certain words, statements, or other which require special care in handling or storage;
information appear on the label shall not be and
considered to have been sufficiently complied with (J) the statement “Keep out of the reach of children”,
unless such words, statements, or other information or its practical equivalent, if the article is intended for
also appear (1) on the outside container or wrapper, use by children and is not a banned hazardous
if any there be, unless they are readable through the substance, with adequate directions for the
protection of children from the hazard involved. The SECTION 3. Grounds For Seizure And Condemnation
aforementioned signal words, affirmative Of Misbranded Hazardous Substances
statements, description of precautionary measures,
necessary instructions or other words or statements (a) Any misbranded hazardous substance or
may be in the English language or its equivalent in banned hazardous substance shall be liable
Pilipino; and to be proceeded against and condemned
upon order of the Administrator in
2. on which any statement required under sub- accordance with existing procedure for
paragraph (1) of this paragraph are located seizure and condemnation of articles in
prominently and in conspicuous and legible type in commerce:
contrast by typography, layout, or color with other
printed matters on the label. Provided, That this Section shall not apply to
a hazardous substance intended for export to
(o) “Banned hazardous substance” any foreign country if it
(1) is in a package branded in accordance
(1) any toy or other articles intended for use with the specifications of the foreign
by children, which are hazardous per se, or which purchaser,
bear or contain substance intended, or packaged in (2) is labeled in accordance with the laws of
a form suitable, for use in the household. the foreign country,
(3) is labeled on the outside of the shipping
package to show that it is intended for
export, and
Section 2. Regulations declaring hazardous (4) is so exported.
substances and establishing variations and
exemptions. (b) Any hazardous substance, after entry of the
order – disposed of by destruction or sale as
The Administrator promulgates the rules and the Administrator may direct and the
regulations governing the implementation of this proceeds thereof, if sold, less the legal costs
decree upon the approval by the Secretary. and charges shall be paid into the Treasury of
the Philippines; but such hazardous
To resolve uncertainty as to the coverage of this substance shall not be sold under any order
decree, the Secretary may be regulation declare as which is contrary to the provisions of this
hazardous any substance or mixture of substances Decree:
which he finds the requirements of paragraph (1) (a)
of Section 1 (d). Provided, that such hazardous substance
shall not be sold or disposed of contrary to
If the Secretary finds that for good and sufficient the provisions of this Decree, the
reasons, full compliance with the labeling Administrator may direct that such
requirements otherwise applicable under this hazardous substance be delivered to the
Decree is impracticable or is not necessary for the owner thereof for destruction or for
adequate protection of the public health and safety, alteration to comply with the provisions of
he shall promulgate regulations exempting such this Decree under the supervision of an
substances from these requirements to the extent officer or employee duly designated by the
he deems consistent with the objective of Administrator. The expenses for such
adequately safeguarding public health and safety, supervision shall be paid by the person
and any hazardous substance which does not bear a obtaining release of the hazardous substance
label in accordance which such regulations shall be under bond.
deemed to be a misbranded hazardous substance.
 (c) All expenses in connection with the relabeling or other action pursuant to
destruction provided for in subsection (a) of such authorization shall be in accordance
this Section and all expenses in connection with regulations.
with the storage and labor with respect to
such hazardous substance shall be paid by
the owner or consignee, and default in such
payment, shall constitute a lien against any SECTION 5. Examination and Investigation for
importation by such owner or consignee. Purposes of Enforcement of this Decree
Officers or employees duly designated by the
Administrator upon presenting appropriate
SECTION 4. Imports: Regulations On Imported credentials to the owner, operator, or agent in
Hazardous Substances charge are authorized

(a) Commissioner of Customs – deliver samples (1) to enter at reasonable hours, any
of hazardous substances being imported or establishment or warehouse, or to enter
offered for export to the Philippines to the any vehicle being used to transport or
Administrator, upon his request. hold such hazardous substance in
With the issue provided by the domestic commerce;
Administrator, the hazardous substances (2) To inspect, in a reasonable manner, such
that have been examined with such samples establishment or vehicle, warehouse
may only be delivered under the and all pertinent equipment, finished or
requirements imposed therein. unfinished, materials and labeling
The Commissioner of Customs shall cause the therein; and
destruction of any hazardous substance (3) to obtain samples of such materials or
refused admission. packages therein or of such labeling,
(b) Pending decision on the admissibility of a issuing proper receipts for them.
hazardous substance being imported or
offered for import, the Commissioner of
Customs may authorize delivery of SECTION. 6. Prohibited Acts and Penalties.
(c) such hazardous substance to the owner or
(a) The following acts and the causing thereof are
consignee upon execution by him of a good
prohibited:
and sufficient bond providing for the
payment of such liquidated damages in the (1) The introduction or delivery of
event of default. introduction into commerce
 If the hazardous substance can be made (2) The alteration, mutilation, destruction,
to comply with the requirements of this obliteration, or removal of the whole or any
Decree by relabeling or other action— part of the label
final determination as to the admission of (3) The receipt in commerce, and the delivery
such hazardous substance may be or offered delivery thereof at cost or
deferred. otherwise.
 The authorization of the applicant to (4) The giving of a guarantee or undertaking
perform such relabeling or other action referred to in Section 3(b) and Section 4(b) if
may be only done by the Administrator. such guarantee or undertaking is false,
 Officer or employee of the Bureau of except by a person who relied upon a
Customs and the Food and Drug guarantee or undertaking which received in
Administration must supervise all such good faith.
 (5) Placing of hazardous substances in a SECTION 7. Effectivity
container or reused container for food, drug,
This Decree shall take effect immediately. Done in
or cosmetics.
the City of Manila, this 30th day of January in the
The use of a used food, drug, or cosmetic year of Our Lord nineteen hundred and seventy-six.
container as a container for a hazardous
substance involved, therefore such
substance shall be deemed a misbranded
hazardous substance. As used in this
paragraph, the terms “food,” “drug,” and
“cosmetic” shall have the same meanings as
in the Food, Drug, and Cosmetic Act
(Republic Act No. 3720).
(b) Penalties, exception.
(1)

Action Fine Imprisonment

committed
Violates any of NLT 1,000php NLT 6 months
the provisions & 1 day, but
of subsection NMT 5yrs
(a)

(2) no person shall be subject to the penalties of

paragraph (1) of this subsection,
(i) for having violated subsection (a) (3) of this
Section unless he refuses to furnish upon request by
the Administrator or his representative the name
and address of the person from whom he purchased
or received such hazardous substance,
(ii) for having violated subsection (a)(1) of
this Section, if he establishes a guarantee or
undertaking signed by, and containing the name and
address of, the person from whom he received in
good faith, the hazardous substance to the affect
that the hazardous substance is not a misbranded
hazardous substance or banned hazardous
substance within the meaning of that term in this
Decree.