* 1 THIRTEENTH CONGRESS OF THE REPUBLIC)

OF THE PI-IILIPPmS 1 First Regular Session 1

‘04 JUL -1 A1557

I _ CIY

Introduced by Senator Miriam Defensor Santiago

EXPLANATORY NOTE

The Constitution, Article 2, Section 16 provides that:

The State shall protect and advance the right af the people to a balanced and healthhl ecology in accord with the rhythm and harmony of nature.

The Philippines is facing growing environmental problems, such as global climate

change, waste disposal, and air and water pollution. As such, Filipino consumers are

willing to pay more for environmentally preferable products. Environmental marketing

claims convey information about products and influence purchasing decisions. Conveying

accurate and reliable environmental information in environmental marketing claims will be

of great use to the consumers, willing to change their purchasing patterns.

Environmental marketing claims are largely unregulated and can be deceptive.

Deceptive environmental marketing claims exploit genuine consumer concern and may

conhse consumers, so as to impede the effectiveness of the use of legitimate

environmental marketing claims that address environmental problems.

The purposes of this Act are to (1) prevent the use of fraudulent, deceptive, and

misleading environmental marketing claims; (2) empower consumers with reliable and

consistent guidance to facilitate value comparisons with respect to environmental

marketing claims; (3) establish uniform, accurate standards and definitions that reflect the

best available manufacturing practices, products, and packaging; (4) encourage the

development of innovative technologies and practices to be adapted by manufacturers in

considering the environmental effects when producing products and packages; and (5)

encourage both consumers and industry to adopt habits and practices that favor natural

resource conservation and environmental protection.

.'!. ,. ,'. e k .

DEPE

THIRTEENTH CONGRESS OF TEE REPUBLIC) OF THE PHILIPPINES )

First Regular Session )

S E N A T E '04 .JUL -1 A10 5 7 S. B. No. 1244

Introduced by Senator Miriam Defensor Santiago .I .. .

SECTON I . Shilorf rifle. - Illis Act sliall be laiown as the "Environmental

Pfarkefing Clainis Act ''

:;ECrr[ON '7. Dqrnit:'om. - 179r the piqoses oftliis Act, the tenn:

(1 ) "protliicl" nienns :iny conimotli~, goods. or item distributed for promotiotial use, rent

lease, or sale, through retail or wholesale sales agencies or instninlentalities, for

consumpiion or use;

( 2 ) "j~aclragt." mexis the coating, covering, container, or wrapping used during a procl~ct

liik cycle (includin~'any outer container. wrapping, or label used in the retail tlisiilay of

:iny I)rotlllct);

( 3 ) "life cycle" includes the:

(A) extraction;

(B) processing aid tnanufactwing;

(C) transportation and distribution;

(D) use; and

(E) n~anagenient as waste,

of raw materials used in the tnarmfachire of a product or packqe, and of the product or

package, includiiig the energy consumption msociated with the acticrities described in

subpwgraplis (A) throilgli (E);

(4) “enc~ironmei~ttal marketing claim” means any sptnbols or terms that are on a label,

pa.ckage, or product or tliai are used in promotion or advertising to itSorin cotisuiners about

rhe ewkmuentarl irnf3act or eiwirmmet~td attributes of a product or pac1:~ge during ally

port of its life cycle;

( 5 ) “label” tneaiis any written, printed, or graphic niat.eria1 d k x l to or appeariiig iipoi~ a

prodiict or package or appearing upon a stielf or display area that referu to a product or

package;

( 6 ) “%cretq?’ nieiitis the Secretotqr ofthe Depai-hnent ofTrade and Industry;

(7) “end protlucr-” ineans only those item that are designed to be used until disposal; items

designed t.o be used in production o f a subsequent item are excluded;

(8) “postconstimer inaterial” m a n s only those protincts or packages generated by a

business (as tleftned by Ihe Secrettiry) or consumer (as defined by the Secretary) ivhhicii

lime w-ved their inteatled end iises, and which have been sepwated or diverted fkom solid

wnste except that such term did1 not iiiciude wastes generated during the production of mi

ellrl pro(iuc~

( 9 ) “preconsumer material” means waste generated (luring production which cmmot be

rerurnetl to the same prochiction process, nor nsed by another compmy to tneke a product

similar to the original product, nor used by the same parent cotiipmy to nimii&cture a

digereiit product, wd includes a11 wastes generated diiring the iiitemiedinte steps it1

protincing an end proditct by succeeding conipmies;

(1.0) “secnndq tnaterial” means any cointiination of‘ preconsIrmer atlrl postconstuner

material.

SECTION 3. Eiwironrnmfd 1.ahd:i:ng Beg;guiotory Prqran?. - The Secreiaiy shall

establish, by regulation, an environnientnl inarketing clainis reglatory program. The

purpose of siich a p r o p a n shall be to GRIT)' ont the provisions of this Act

SECTION 4.. Independent A d v i w y Board. - The Secretary, by replation, shall

establish nnt later than 180 days alter the date of enactment o f this Act, an Independent

Advisory Boa-d (from now on referred to as the 'Board') to advise and make

recommendations to the Secretary, as provided in @section (c), concerning the regulation

01 environmental tnwlieting claims.

(:I) MEh4BERSHIP- (1) The Board slid1 consist of 1.5 members, including 4 ex oftlcio

members, who shall be appointed by the Secretnty RS follows:

(A) Three metnbers who are reco,gnized 88 consulnier a(hCateS, one ot'whom is a

recognized expert in marlreting or conynmer perception;

(B) Five members represeiltative o f itidustty atid tnannfsctnring, including:

(i) One retailer;

( i i ) One manufacturer,

(iii) One recognized waste management expert in the private sector; and

(iv) (?ne end nser of post-consutner materials;

(C) lllree members representative of environmental organizations, of whom one

member is a, rectgizect expert i n soil science or environmental toxicology;

(D) ' h o members, who shall serve ex officio, who are officers or enipioyees of

the gcvetmnent, anti ofwhoto:

(i) One inetnber is a recognized expert in consutner protection; and

(ii) One member is recognized as a waste management, polliition

rednction, or polliition prevention expert.

(E).'Ihvo ineinbers, who shall setw ex offcio, ~ h o are ofikers or einployees of

the Department of Environtnent and Nainrd Resources and who are involved in

pollution prevention or waste management.

(2) hfenibers of tlie Board serving ex officio shdl have no vote.

(3) The Cliairnian ofthe Board sball be designated by ttie Secretary. The Board shall

m e t ai ttie c a i ~ ofthe ~eiretarp or the CIiairtnm.

(b) KnIt.IINISTRAT1vE MATERS- (1) 'The Board shall condnct its businees in open

tneei.ings (subject to ntiy requirenient for privacy in personal matters arid review of

contidefitial infoi=niatioti ntider my provision of lam), and may hold hearing% to seek piiblic

cotnnient and particip&oti in foiinulriting reconmendations for the clefinitions arid

stmtlwds described in Section 5(a)).

( 2 ) illembers oftlie Board who are not otherwise einployed by the government may be

dlocved travel expenses, itictudks per diem it% Iim of subsistence, as detertnitlttd by the

Secretnty atid snbject to the applicable laws.

(c) ANNUAL REPORT- Not more thnn 180 days after the initial meeting of tlie Board, md

nnniially thereafter, the Choirmati o f t h e Board shall siibrnit to the Secretary B report h i t

outlines the activities atlil recoinniet~~latiotis aftlie Board relating to the itenla described in

Section 5 . 'FIE initial report shdl include the recommenrtatians described in Section S(a).

SECTION 5. Rqtiii~tion O j XmJirmnzeiztl Mirrketing Claims. - (a)

RECOT\;I:MIIENDK:T[OS BY THE BOARD- ~ e c o t ~ ~ e n d 3 ~ . i a i ~ ~ by the Board to the

Secretary, sliall include definitions and standards to be used in regnlating environtnental

marketing claims on R nat.ioiial basis. In innking such recotnti~eiidattiotie, the Roarcl shall

cotisider the reqiiiiretnenta for find regulations described in subsection (b), and shall

consider available sttidies, stnnctards, and other int'orniation that the Chaitnian oftlie Board

determines to bc appropriate.

(1)) FINAL REOULATIONS- [ 1) The Secretary, d e r considering the recotnn?eniirition of

the Board described in siibsection (a)> shall, not later than le! motiths d e r tile dnte of tile

enactment ot' this Act, promulgate titial re&tions governing the nse of enviro1mierltaI

malfieting clni~iis, inclnding stntemeatr: to tlie effect that a product or pmckage is:

{A) sonrce reduced)

(E) refillable;

(C) reusable;

(D) recyclable;

(E) has arecycled content;

(F) compostable;

(G) ozone netikal;

(ET) nontoxic; or

(r) othetwise related to ~1 enviroiunental impact or attribute (as detetrninetl by the

Secretary).

(2) ~n promulgat.ing ttie reguttations ttescribeci in paragrapii (11, tlze Secretary shall

ensure that an envirotunental marketing claim shall be related to a specific environmental

inipact or attribute (as determined and defined by the Secretary) in such a mantier as t.o

ensnre that. such erivironniental marketing claim is not false, misleading, or decept.ive

except that this shall not preclucle the me of general environmental seals o f approval

awartlsil according to objective criteria that promote environmentally preferable products

nntl packages (as detetrninetl by rile Secretary).

13) In prornulgating tlie regulat.iotis described in pmagraph (I.), the Secretary shall

ensure that with respect to an environniental mar1tetiti.s claim, such claim has been

snbsiantinted on the basis ofthe best mmilable scientific infomation (as deterininetl by the

Secretaty).

(4.) 111 proniiilpating the regulationg described in paragraph (I), the Secretary shall

assign a protlnct to a category or stibcategoty for the piitpose of siiclt regnlations according

to the following criteria:

(A) tlie composition oft l ie product; and

(B) the pack,nging ofthe J X O ~ U ~ ~ .

( 5 ) Tn establishiiig procluct categories for the puiyosees ofthe regnlation8, a described

in paragmph (l), the Secretary m y establish a category for a specific type of product, or

niay migi aprorluct to ageneral category on the kasis of the fiinction ofthe proiiurct.

( 6 ) hi pronitilgnting the regiilations described it1 paragraph (11, the Secretary s l id

etlsilre i.hat etiviroiimeiital marketing claims shall make a clear distinction between the

product aid any accon~panyitig pacltnging unless the claim applies to both

(7) The Secretaiy shdl inchide the following requirements in the final regulations

described in p ~ w g a p l i (1):

(A)(i) environmetitd marketing c!nh relating to recycled content shall be used

only in coiinection with a prothct or pacltage containing postconstuner mat.erials

aid, except as provided in claiise (ii)* the post-consumer tnat.erials shall eqiial a.

tilininitim rate of 25 percent p io r to the year 2000, and a initiinitun rote of 50

percent (by weight) on or after the yew 2000 of the product content or package

composition.

(ii) ~ o ~ y i t l i ~ t a n d i n ~ clause (i). an e n ~ , i r o ~ ~ l e i i t ~ marketing claim relating

to recycled content may be used in connection with a. product or package that

contains a percent.qse of past-consumer or geconcla31 materials that is less than the

percent.age specified in clause (i), if a mnnu€acturer, retniler, or distrihiitor, or

otlier person responsible for the i ise of such environmental marketing clziini (as

tlet.einiined by the Secretnq) includes in such claim a sentence (in which the terms

tlescribeci in the regiilatioti proniiilgated under Section 5 are displayed no more

pronheiitlv than otlier words in the sentence) that states the percentage (by weight

and by volnnief of post-consiimer and secoitday materials iiserl in such prodiict or

package.

(€3) An environniental rnarketitig claim relating to the recyclable iiature of a product

or pn.c!:,age shall be iisecl only in coniiectioii with R prodiict or package for which a

mamithctiirer, retailer, iiistributor, or other person responsible for the use of siicfi

environinental mru-ketiiig claim (as determined by the Secretoiy), is able to

demonstrate, to the satisfaction ofthe Secretary, that such product or package shall

be recycled, at a mininium rate of 25 percent prior to the' gear 2000, anci at a

nninimiini rate of50 percent on or aaer the year 2000.

{C) ,411 environmental tnarketing claim relating to the rensatrle or refillable nnhre

ofaproduct or package shall be used only in coilnection with aproduct or package

ihai is reused for the original pixpose ofthe product or package, an average o f 5

h i e s or more (as deteirninetl by the Secretmy).

(D) An environmental marketing claim relating to the coinpostable nature o:f a

pmtlnct or package shall be used only in connection with a. product or package for

which a manufacturer, retailer, distribt,ttor, or other person responsible for the use

of such environmeiitd marketing claim (as determined by the Secretmy), is able to

demonstrate, t.o the satisfaction of the Secretmy, that:

(i) siich product or package shall be coinposted, at a tninimntn rate of 25

percent prior to the year 2000 mcl itt a tninimiun rate o f 50 percent on or after the

ye= 2000 of all sticli products or packages, in a solid waste disposal system

(including a cornposting solid waste disposal system) in which the coinpostable

nature of the pmctnct is a desirable and environtnentally significant characteristic

(as defined and detecmiiied by the Secretary); ancl

(ii) such product or package will tint release toxic materials or any other

inaterids that niay otheiwise be hmnfitl to hutnans, other organisms or nntciral

ecolosical processes (as defined ancl detetinined by the Secretmy.)

(c) ADDITIONAL REGULATIONS- (1) The Secretary may, at any time &.er the date o f

the promidgation o f the regulations reqiiired under subsection (b), proinillgate such

additional rkgiilations as the Secretary deteimines, on Ihe basis o f the criteria. described in

siibparagaphs (A) miit (E) of paragraph @), to be tiecessm-p to c m q out. the purposes o f

this Act.

( 2 ) In reviewin,q the regulations described in subsection (b), or in any additional

regnlaf.ions prornttlgaiecl nnder this siibsect.ion, the Secretary shall determine whether it is

appropriate to promulgate additional regulations to:

(A) reilect the best available iise and the best avililable teclmolow th&. will

encourage higher performance levels in products and packaging in lneetiilg the

objective of reducing negntive enviroiunental impacts arid ittiproving

environmental attributes; and

(E) reflect We most recent scientific mcl practical knowlerlge of tecluiological

advances and improvements (as determined by the Secretary) in mmiifacturitig

techniques and waste nimiagemerit

(‘3) Not later than 3 yeat-:: after tlie date of the protnulgation of the final regilatiotis

described in wbsection (b) or any additional regilations proniulgateci imder this

subsection, and every 3 years tliereatter, the Secretary dial1 review such regnlations.

(d](i\] Ai kiterested intlivid~ial (including R represeiitntivs of industry, aid interested

citizen, or a representative of an envirotitnetital orgruiization), niay petition the secretsay to

iiiitinte nilernakin3 procedures with respect to promulgating ailditional regulations utitler

this section.

(R) Not later than 60 days d e r receiving a petition described in subpmagaph (A), the

Secretary shall determine whetlicr to accept or deny tlie petition arid shall publish the

petition in at least two newspapers ofgeneral circnlaiion, along with an expianation of the

reanons for mich tletennination.

SECTION 6. Cerfijicetiarz. - fa) FILING OF A CERTIFCATfON- Not later thari

six months atter the date of the promulgation of any regiilatioii under Section 5, any

imnufachrrer or m y other person who intends to line si environmental mmketing claim for

which the Secretary hnu proinulgated a regulntioti shall first submit a cer-tificotion to the

Secretary that the enviroiiiiiental marketing claim intended to be itsetl nieets the

requireineiits ofthis Act. Such certification shall be in such farin as tlie Secretaq &all

prescribe by regiilation arid shall contain snch itsfonnation as the Secretaty detertiiiiies to

be appropriat.e.

fb) DlSAPPROVAL OF CEKWICAZON- The Secretary may, at any time, disapprove

the certification provided under subsection (a) if the Secretary detemiines ~ l a t tile

envirotirnentai marketing claim that the manufacturer or other person intends to use does not

meet the requirements ofthe regulations pronuilgated iuicler Section 5 ofthis Act.

{c) R.ECElITlfTCATlON- Aiiv person using m environinental marketing claim shall

resiibmit a cei-lification to the Secretmy that the environmental tnarketiiig claim used meets

the teqiiirerneiits of the Act if:

(I) changes have been inade in the product or pacltage that would affect its ability

to m e t the regiilatory requirements of the environmental marketing claim

previously osecl for such a.pmdiict or package, or;

(2) new regiilations have been promulgated under this Act relating to the

environnieiital claim being used.

Such recertification shall be submitted to the Secretmy within six months of the occurrence

ofeither event described in paragraphs (1) and (2) ofthis dmection.

SECTION 7. Prohibition. - It slid1 be tiiilawfiil for any person to:

{a) fail or refiise to comply with:

(1) any regnlation proinulgatetl uinder Section 5(b) of Uiis Act.; or

{ 2 ) mig order issned by the Secretary to car-ty out my such regulation; or

(1)) use ai eiiviroiimetitd marketing claim for \vhicli the Secretary liar: issiied a regilation

oncler Section f if:

(1.) the persoti has Ciiled to file a certification 81: required by Section 6; or

(2) the Secretary has disapproved a certification imder Section 6.

SECTION 8. Pmuliies. - (a) CIVIL- (1) Any person ~vho violates R provision o f

Section '7 ofthis Act shall be liable to the Philippine Govet-tunent for a civil penalty in an

amoiint not to exceed One IJuncked Tliouunnd Pesos (1)100,000) for each such viointion.

Etch day such a violation continties shall, for ihe piirpose ofthis subsection, cotistituite a

separate violation ofSect.iori 7 ofthis Act.

(Z)(At) A civil petlaity for aviolatioti of Section 7 of tl i iu Act shall be aqsesued by the

Secretary liy an order made on the record after opportuiiity (provided in accordance with

this subparagraph) for a hearing in accordance with regulations as deteirnined by the

Secretary. Rel'ore issuing sucli an order, the Secretary shall give written notice to the

person to be nsaessed a civil penalty under such order, ofthe Secretary's propoad to issue

socli order and provide such permn an opporttmity to request, within IS days @om ltie

date the notice is received by such person, such ahearitig on the order.

(0) &I i1et.eirniniti.g the arnoimt of a civil penalty, the Secretary shall take into account

the nahae, circumstances, extetit, and the gravity ofltie violation, and with respect to the

violator, ability to pay, eift'ect on abiliiy to continue to do bnsiness, any history of prior

related violatiotis, the &,gee of culpability, and such other matters as the Secretary

rietetrnines to be appropriate.

(3) '-\y person v . h has requestecl a hearing with respect t.o the assessinent of a civil

penalty it1 accoritmce with paragraph (2)(A) atid who is agfgievetl by an order assessing

the civil penalty, niay file R petition for judicinf review of such order with the Regional

'rrial c'oiirt in the place where such person resides or trmsacts business. Such a petition

may only be i3ed within the 30-day period beginning on the date the order niaking such

assessmetit. was issued.

(4) I f a person fails to pay an assessment ofa civil penalty:

(A) lttter the order inakitig the assessment ha8 becotne a final order atid if such

person does not file a pet.ition for judicial review o f the order in accordance with

paragaph (3); or

(B) after R court in an action brought nnder paragraph (3) lins entered a final

judgmeiit in .favor oftlie Secretarq.;

the Solicitor General shall recover tile amount assessed (plirs! interest at currently

prevai1iti.g rates *om the date of the expiration of the 30-day period refelred to it1

paragrsph (3) or the, date of such find judginent. as the case may be) in action brought

in any appropriate Regional Trial Court. In sncli an action, (he validity, moiint, and

nppropriateness of such penalty shall not be subject to review.

(b) CPJMMAL- Aiy person who luiowingly or willfUlly violates any provision of Section

7 of this Act, shall, it1 addition to or in lieu OT any civil penalty which may be imposed

unrler siibsection (a) ofthis section for such violation, be subject, upon conviction, to a fine

ofnot more than One Hundred Thousand Pesos (PlOO,OOO) for each day of violation, or to

in~prisonment for not more than 1 year, or both.

(c)(l) The aitthorizerl fines provided in subsections (a) md (b) shall be ad$sted for

inflation every 5 years.

(2) Not later than December 1, 1999, and Decernber 1 of each tiffli caletidar year

therentter, tlie Secretary shall prescribe and publish in at le& two newspapers ofgenerd

circiilation, a schedule o f tnaxitnuni aiithorized fines that shall apply for violations that

occur after Jamiaiy 1 ofthe yeat immediately following snch publication,

SECTION 9. Cifizcns Suits. - (a) M GENERAL- (1) Except a8 provided iti

subsection (b), any person maj7 commence a civil action against:

(A) my person who is d l e~ec l to be in violation (including the Government of the

Philippines, to the ex?ent allovvdde b57 law); or

(B) the Secretary to compel the Secretmy to em’)’ out ininisteriai duties assigned to

.the him wider this Act.

(2) Any civil act.ion under this subsection shall be brought in tlie Regional Trid Coiirt

ofthe clistrict in which the alleged violation occwred, or where the defendant resides, or

where the clefentlant‘s principal place o f business is located. The Regional Trial Coni-t

shall have jiristliciion over snits broiiglit under this section, without regard to the amoiuit

in controversy or the citizenship ofthe parties. The Court shall have jurisdiction to or&

all necessaq injunctive reliefmid to itnpose any civil penalty.

(b) 1,IMlTATIONS- (1) No civil action may be cornmenced to restrain any violation of

Sectioii 7 oftbis A4ct:

(A) before the expir:ttioii of 60 dups after the pl&ntiff has given notice of s i~ch

.violation to:

[ i ) the Secretary; ,ucl

(iij to tlie persoti who is dlegetl to have cotimlitteci siicli siolation;

(H) ifthe S a c r e t q has commenced a proceedkq for the issiinnce o f ZII order t.0

reqiiire compliance with the regillation or reqriireinent and is iliiigently pursiritig

such proceedkg or has issnetl ai order to cart37 out tlie regilnt.ion or requiremeilt

tiescribeti it1 Sectioti 7 and is tliiigeritly piirsning the et~krcemeiit o f ~ r c h order,

(c) iftlie Solicitor Get-terd fins cotnineiiced 5 civil action in acoud ofthe Republic

at?tlie Philippines to require compliance with the regulation, nqiiirenietit., or order

tiescribed in siihpmagt.aph (R) and is diiigently prosecuting such civil action.

[L) iYo civil action may be recotrunencled against tlie Secretaty nntler siibsection

(a)(l.)(B) befare the expirntion o f a 60-ctay period aRer the plniiitiifhns given notice to the

:;ecrctary of the alleged t$.iliire oftlie Secretmy to pet-fbitn mi act or clnty wliicli ii: tlie

basis tw snch t1.ct.ioil.

( c ) IKIEE.\~T”IC1N- (1) Jf a proceeding or civil action described in srrbsectioii (1)) i::

comnencecl by tlia Secretmy or the Solicitor General after the giving of notice by a person

(other tlian tile Secretmy or Solicitor Qeneral) described in sittisection (a), siich person

timy intei-venr a8 a matter cil‘rigiit in siic11 proceer1in.g or action.

(2) h m y aciion unrler this section, tlie Secreta? or the Solicitor General, if not a

pariy? ma!, intetvzna as n mriter ofright.

([I) NOTIiX~ Notice under this eectioti skiall be given in such a nianiw as the Secretary

shs l l prescribe by regilation.

(e) ATTORNEi’S FEES AND C0lX.F COSTS- (1) Tiie court, in issuing aiiy final order in

any act.ion i~ro!i&t p~itxmnt to sihseciioii (a), m y avmd costs of suit and reasailable fees

for attorneys nnd expert witnesses; iftlie coni? iiaterinities that such awarrl is appropriate.

if) i:ONSi)LiU.~T~O.N- 1,Vheii iwo or more civil actions brou@t imtler subsection (ri)

involving ti= sane &fetidant aiid the ~tinle issnits or violations are pctiiling in trvo or triore

jiidicid districts, such pending actions mny be consolidded and tried as provided for in the

Riiles ofCourt.

SECTION 10. Ptibfic if$~mzufjon Can:Tu:gn. - The Secretary shall condiict a

pnblic information and education campign, iticludiiig public setvice advertising, in order

to enable consumers to:

(1) recognize environmental niarlteting claims regulated under this Act and be able to

distingiiish thein fkotn otlier environinental marketing claims;

(2) have informntion ahout the criteria used by the Secretary in establishing standmds aid

defhit.ioiis for eiiviroiuneiltttl marketing claims, atid

(3) have n better understancling about the effects that prodncts md packages cmi have on the

environment.

SECTIClN 11. Stattitory C~?>~b!uctio.~. I (a) RIGHT TO SEEK FlVFORrJE~ET"-

Nolhins in Section 9 shall restrict any right which any person (or class of persons) may

have under any other statnte to seek ellforcement of any repplation pronnrlgated imcler

Section 5 oftliis Act.

(b) AClTONS AGAINST .L\DVERTISERS- Nothing in this Act shall be consinied so as to

dter the right nnder any other proYision of law oEa person or govenunent t.6 conitnetice an

action against an actvei-tieer related to the use of fdse or misleacling etivirotuneiital

marketing c I aims.

(c) STANDARDS- Nothing in this Act s h d l be conslnied so as to prohibit the goveirunent

ftom enacting and enforciiis n stwidwd or requirement with respect to the use o f an

environmental mar'kefiii3 claim that is more stringent than a stantlard or requirement

reIa1.in.g to an environmental marketing claim established or promulgated iintler this Act.

SECTirlN 12. &prop~iations - To car137 out the provisions oftliis Act., snch siim

as may be necessxy is hereby authorized to be appropriated from the Nationd Treasuty.

%keteZ&?r, the mni necessary for the continuous operation of tile program shall be iiicluded

in tlie antiual api3roijria~~oi~ ofthe Departmetit ofTrack atid 1~xliisti-y.

Sli.Cnf35 14.. Repuling Clniisil. - Any law, presidential decree or iswatice,

executive order, letter of itistinction, administrative order, nile or regilatinii contrary to or

iiiconsistetit wiih, the provisions of this Act i g hereby repeated, niotli.fed or artieiiried

zccordin$ly

:SECTION 1.5. ,Y~f&f iv~@ ( ~ U N S C . .' This Act shall take effect ElReen (1.5) clays

alter i ts publication in at least two (2) newspapers ofgeneral circulation.

Approved

MJS 1 Oil4i38