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Adopted: 23 January 2015
Date Filed: 05 March 2015
WHEREAS, Article II, Sections 15-16 of the 1987 Constitution of the Republic of the Philippines provide that, “The State shall protect and promote the right to health of the people and instill health consciousness among them”;

“ The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature”;

WHEREAS, the Fertilizer and Pesticide Authority (FPA) is mandated by law to promulgate rules and regulations to protect the public and the environment from the inherent risks in the use of pesticides, and educating the agricultural sector in the use of these inputs;

WHEREAS, Section 6, III(3) of PD 1144, vested FPA with the powers and functions to, “Restrict or ban the use of any pesticide or the formulation of certain pesticides in specific areas or certain periods upon evidence that the pesticide is an imminent hazard, has caused or is causing widespread serious damage to crops, fish or livestocks or to public health and the environment;

WHEREAS, Section 5.2.3-A of the “Pesticide Regulatory Policies and Implementing Guidelines”, 2^nd Edition, provides that “Banned pesticides are those which cannot be brought into and used in the country under any circumstances. Included in this classification are pesticides which have been found unacceptable for use under normal situation, whose registration had been cancelled by FPA or voluntarily withdrawn by the concerned company ...”;


WHEREAS, the FPA Board upon the recommendation of the Inter-agency Committee under the Department of Agriculture and FPA’s then Pesticide Technical Advisory Committee (PTAC) approved - Board Resolution No. 01 dated September 29, 1993, and then FPA Administrator, Mr. Francisco Cornejo issued “Implementing Guidelines on Board Resolution No. 01 (1993) on Organotin, Azinphos-Ethyl, Methyl Parathion, Endosulfan and Monocrotophos”, which restricted among others, the use of endosulfan to the following:

1. Restricted from being used in paddy rice.
   
2. The concentration will be reduced to 5% EC or lower for other uses.

WHEREAS, the Board, after evaluation of the requests of the pineapple plantations, Del Monte Philippines, Inc. (DMPI) and Dole Phils. Inc. (DPI), had allowed the use of Endosulfan in pineapple for the control of pink disease caused by a bacterium (Pentoea citrea) transmitted by certain insects (pineapple mites and soaring beetle) which causes a brownish discoloration of preserved pineapple inside the sealed can upon heating;

WHEREAS, the FPA, and the Board had for thirteen (13) years (1995-2008) annually evaluated and approved such use;

WHEREAS, from June 2008 to the present, FPA has not issued any import permit for endosulfan after the accident involving the sinking of M/V Princess of the Stars with the 10 MT Technical Grade endosulfan in it;

WHEREAS, no registration of endosulfan has been sought by any applicant from FPA since December 31, 2008 to the present, hence, it remains an unregistered pesticide, subject to Section 9 of PD 1144 and Article II, Section 1 of the FPA Implementing Rules and Regulations No. 1, Series of 1977;

WHEREAS, the Philippines through the Environmental Management Bureau (EMB)-Department of Environment and Natural Resources (DENR)and the then FPA-DA, became a Party to the Stockholm Treaty on Persistent Organic Pollutants (POPs) on February 27, 2004, after the Senate Ratification;

WHEREAS, on May 25-29, 2011, the Conference of the Parties of the Stockholm Treaty adopted an amendment to Annex A to the Treaty to list technical endosulfan and its related isomers. This action puts the pesticide endosulfan on course for global elimination by 2012;

WHEREAS, the Philippines, through the EMB-DENR and FPA-OPAFSAM is a Party to the Rotterdam Treaty after the Senate ratification and as such, due to observe the Prior Informed Consent (PlC) Procedure on pesticides banned or severely restricted for health and environmental reasons;

WHEREAS, the FPA and the PPTAC in the light of the foregoing developments embarked on an exhaustive regulatory review of the risks; any possible benefit from the use of endosulfan in the country and availability of alternatives. On June 3, 2011, it unanimously recommended that endosulfan be banned through an FPA Board action;

WHEREAS, the Board after due consideration and appreciation of the risks to human health and the environment associated with the use of endosulfan and in fulfillment of the Philippine commitment as a Party to the Stockholm Treaty, resolves to BAN endosulfan and its related isomers, alpha and beta endosulfan and all formulation thereof;

NOW, THEREFORE, the Board hereby RESOLVES to BAN Endosulfan Technical Grade and its related alpha and beta isomers and formulations thereof.

This Order shall take effect fifteen (15) days after publication in two (2) newspapers of national circulation.

Quezon City, Philippines, January 23, 2015.

APPROVED BY:
(SGD) FRANCIS N. PANGILINAN
Secretary, Office of the Presidential Assistant for Food Security and Agricultural Modernization, and Chairman, FPA Board
(SGD) DIR. JOANA P. CASTILLO	(SGD) HON. NICOLAS B. LUTERO III,
Representative	CESO III
Department of Finance	OIC-Director IV
	Food and Drug Administrator
(SGD) Deputy Dir. TERESITA B. DEVEZA	(SGD) Ms. MA. LOURDES DE MATA
Representative	Representative
Bangko Sentral ng Pilipinas	Bureau of Plant Industry
(SGD) HON. JONAS R. LEONES
Undersecretary and Concurrent Director Environmental Management Bureau