Amendment of Implementing Rules and Regulations on Controlled Chemicals Pursuant to Section 4-C to 4-F of PD No. 1866 as Amended by RA No. 9516

May 16, 2017

AMENDMENT OF IMPLEMENTING RULES AND REGULATIONS ON CONTROLLED CHEMICALS PURSUANT TO SECTION 4-C TO 4-F OF PD NO. 1866 AS AMENDED BY RA NO. 9516

WHEREAS, it was established that Ammonium Perchlorate is listed under Annex "A" with CAS Number 14787-73-0 while Ferric (III) Nitrate is listed with CAS Number 782-61-8. Verification of their respective CAS numbers showed that the said information are inaccurate. The correct CAS numbers for the aforementioned chemicals are 7790-98-9 and 7782-61-8, respectively. It is imperative that the existing CAS Numbers on records be modified to maintain the accuracy and integrity of the list;

WHEREAS, the appropriate detonation test conducted by the PNP EOD-K9 Group for Actyva with an N-P-K content of 21-7-14 (Ammonium Nitrate content of 57%) showed that they were not detonable even with the highest concentration of ammonium nitrate of 57% if detonation cords are not present. Nonetheless, EOD-K9 Group recommended to regulate Actyva with an N-P-K content 21-7-14 (Ammonium Nitrate content of 57%) as a low risk controlled chemical;

WHEREAS, as a consequence, farmers using said fertilizer will be required to secure a certification from their Barangay for their application for Purchaser's License as specified in PNP Application Form 6-A3 (DTI-Certified Micro Enterprises and Barangay-Certified farmers) before they can purchase this fertilizer;

WHEREAS, Section 2.38 of the IRR provides the commissioning of the Research and Development Team tasked to assist the Chief, PNP to update the List of Controlled Chemicals and place new chemicals or mixtures under regulation; use available scientific methodology and security information in evaluating and determining the explosive potential of such new chemicals; and to provide the Chief, PNP with the results within fifteen (15) working days from commencement of its evaluation and determination process.

NOW, THEN, the Chief of the Philippine National Police, pursuant to the said mandate, hereby promulgates the following amendments to the Implementing Rules and Regulations on Controlled Chemicals:

SECTION 1.

Annex "A" is hereby amended to provide the following: Ammonium Perchlorate CAS Number 7790-98-9 Ferric (III) Nitrate CAS No. 7782-61-8

SECTION 2.

Annex "A" is hereby amended to include Actyva with an N-P-K content 21-7-14 (Ammonium Nitrate content of 57%) as a low risk controlled chemical.

SECTION 3.

The Research and Development (R & D) Team is hereby deemed activated and commissioned. The Sub-TWG on Categorization of Controlled Chemicals shall cease to exist. All records, data, information acquired by said Sub-TWG shall be properly turned over to the R & D Team. The Terms of Reference shall be formulated by the PNP in consultation with the stakeholders within a period of thirty (30) calendar days. Financial requirements for the R & D Team shall be shouldered by the Department of the Interior and Local Government (DILG) subject to availability of funds. Members of the R & D Team shall serve for a term of a maximum of one (1) year without benefit of reappointment. The office for the meetings shall be under the auspices of DILG. All records and information generated by the R & D Team, due to issues of public safety and national security, shall be considered confidential and may only be accessed subject to reasonable regulation, by the DILG and/or PNP. Guidelines and procedures governing the administration and management of the R & D Team shall be formulated by the Chairman of the said team duly approved by the Chief, PNP and SILG. SDHTEC

SECTION 4. Effectivity. —

This amendment of the IRR on Controlled Chemicals shall take effect after fifteen (15) days from its publication in the Official Gazette.

(SGD.) RONALD M. DELA ROSAPolice Director General

Approved:

(SGD.) ISMAEL D. SUENOSecretary, DILG