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5 SEP 2016

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

Seventeenth Ci
First Regular Session

3577

HOUSE BILL NO.

Introduced by HON. ESTRELLITA B, SUANSING

EXPLANATORY NOTE.

Plastic carrier bags, including containers and utensils, and other products being used by food
and market services have long been purported to be responsible for the clogging of canals,
drainages and waterways. These are deplored as injurious to marine life, and, in general, disruptive
to the ecosystem,

However, practicality and scientific study claims will dictate that plastic products are not
bereft of benefits, if not more environment-ftiendly than other products. In a tropical country like
the Philippines, wherein wet and dry are the only seasons, plastic products have an advantage over
paper or any other type of bags. Plastic bags are also a better choice when it comes to Life Cycle
Assessment which takes into consideration energy requirements, among other considerations, for its
production, transportation and up to its disposal.

The bill intends to include all plastic products like cups, utensils, food containers, and the
ubiquitous carrier bags that are given at the point of sale from wholesale or retail stores and other
food service facilities.

This bill seeks to regulate the production, use, recycling and disposal of plastic products for
basic serviees and provides a transition from ordinary petroleum based plastic products to
biodegradable plastic products for use in commercial and cluster of commercial establishments, wet
markets, vendors and all food establishments. Likewise, this bill also encourages reuse and
recycling of plastic products as well as in store recovery programs for commercial, food and cluster
of commercial and food establishments.

In view of the foregoing consideration, approval of this bill is eamnestly sought.

ESTRELLITA B, SUANSIHG
1" District Nueva Ecija



Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City, Philippines

Seventeenth Congress
First Regular Session

HOUSE BILL NO, 3577

INTRODUCED BY HON. EST!

ITA B. SUANSING

AN ACT
REGULATING THE PRODUCTION, IMPORTATION, SALE, PROVISION, USE,
RECOVERY, COLLECTION, RECYCLING AND DISPOSAL OF PLASTIC PRODUCTS,
FOR BASIC SERVIC!

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

SECTION 1. Short Title. ~ This Act shall be known as the “Plastic Products
Regulation Act”,

SEC. 2. Definition of Terms, — For the purpose of this Act:

(a) Biodegradable plastic bag refers to a plastic bag that degrades and attain
molecular structure suited for biodegradation that results from the action of naturally
occurring microorganisms within the parameters established pursuant to this Act: Provided,
that the materials therefor shall not significantly affect food security programs of the
government,

(>) Commercial establishment refers to an establishment or cluster of establishments
engaged in commerce or sales of goods or services including, but not limited to, market
stores, shopping mall outlets, supermarkets, department stores, groceries, convenience stores,

food chains, restaurants, cafes, bars, sari-sari stores, vendors and the like.


(©) Operator refers to a person or group of persons in control of, or having daily
responsibility for, the daily operation of a store which may include, but not limited to, the
owner of the store.

(@) Plastic bag refers to a polymer bag designed to be provided or utilized at the point
of sale for carrying and transporting goods.

(c) Plastic products refers to plastic carrier bags including take out bags, plastic cups,
utensils and food containers provided by food service companies.

(Reusable bag refers to a washable fabric bag, a bayong or any shopping bag used

for carrying and transporting goods, which bags are made of organic or non-organic materials

and can be used several times.

SEC. 3, Biodegradable Plastic Products for Basic Services. ~ Six (6) months after the
effectivity of this Act, commercial establishments shall provide biodegradable plastic
products to their consumers: Provided, That they shall promote and/or make available for
sale locally-made bayong, buli and other reusable bags that are made of abaca, water lily and
other organic or compostable materials: Provided, further, That establishments may still
provide other plastic bags as sanctioned under Section 5 of this Act.

‘A biodegradable plastic bag shall have printed or displayed on it in a manner visible
to the consumer, a logo showing that it is a biodegradable plastic bag as well as the
manufacturing date and name of manufacturer and distributor: Provided, That a plastic bag
printed with the name or logo of the establishment shall have printed or displayed on it the

words

ETURN FOR RECYCLING”.

The Department of Trade and Industry (DTD, in coordination with the Department of
Environment and Natural Resources (DENR) , leagues of local government units (LGUs),
National Solid Waste Management Commission (NSWMC), and other government and
private agencies and organizations concerned shall, within six (6) months from the effectivity
of this Act, promulgate the appropriate Philippine National Standard (PNS) for biodegradable
plastic bags: Provided, That the DTI shall consider in the PNS the effective reusability and
recyclability of biodegradable plastic bags.

SEC. 4. In-Store Recovery Program. — Within sixty (60) days after the effectivity of
this Act, the operator or cluster of operators of commercial establishments that provide plastic

products to consumers as part of a purchase at retail, shall establish an in-store recovery


program that will give their customers an opportunity to return their used plastic products to
the commercial establishments from which the plastic products originated,

An in-store recovery program provided by the operator of said commercial
establishment shall include the following:

(a) A plastic products recovery bin shall be placed at each store or cluster of stores

and shall be visible, easily accessible to the customer, and clearly marked that the recovery

bin is available for the purpose of collecting recyclable plastic products or composting in

industrial composting facilities;

(b) All plastic products recovered by the store shall be collected, transported, and,
whenever practicable, recycled or disposed through industrial composting facilities by the
LGUs pursuant to Section 8 of this Act.

(c) The commercial establishment shall maintain records describing the recovery,
collection, transport, and whenever applicable, recycling and disposal to industrial
composting facilities of plastic products collected for a minimum of three (3) years, and every
year thereafter. It shall make the records available to the DTI and/or LGU, upon request, to
demonstrate compliance with this Act. The LGU concerned shall likewise maintain records it
has recovered, collected and transported for recycling or disposal to composting facilities, and
shall make the records available to the DTI;

(@) The commercial establishment shall require their customers to surrender an
equivalent or practically equivalent plastic bag for the provision of a new plastic bag.
Otherwise, the customer or consumer will be charged a fixed fee of P1.00 per plastic bag,
which fee shall be reflected in their receipts; and

(e) The commercial establishment or a cluster of establishments shall make local
reusable bags available, whether for sale or free, to consumers within the establishment,

Manufa

participate in this program as part of their extended producers respons

turers, distributors and exporters of the biodegradable plastic bags shall

ity initiatives,

SEC. 5. Phaseout of Plastic Products, ~ Notwithstanding the provision of Section 4 of
this Act, plastic products for basic services shall be gradually phased out within a period of
one year from the effectivity of this Act. Thereafter, production, importation, sale,
distribution, provision or use of said plastic products shall be prohibited.

SE

primary government agency responsible for the implementation and enforcement of this Act.

.6. Lead Agency. — The DTI, unless otherwise provided herein, shall be the


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°.7. Linkage Mechanism. — The DTI, in coordination with the DENR and the
NSWMC, shall consult, and enter into an agreement with other government agencies or
LGUs, or with concerned non-governmental organizations (NGOs) or people’s organizations
(POs), or private enterprises in the furtherance of the objectives of this Act.

SEC. 8, Role of Local Government Units (LGUs). — The LGUs shall have the primary

responsibility in the effort to decrease the percentage of plastic product wastes produced

within their respective territorial jurisdictions,

For this purpos shall be primarily responsible for the collection, transportation,
recycling and disposal of plastic products recovered to industrial composting facilities
pursuant to this Act. ‘The LGUs may enjoin the participation of other concemed government
agencies, private entities and industries.

The Department of Science and Technology (DOST), in coordination with the National
Ecology Center, shall provide the LGUs with technical assistance, trainings and continuing
capability-building programs to attain the objectives of this Act.

SEC. 9. Fines and Penalties. — Violations of Sections 3, 4 and 5 of this Act, and the
deliberate misrepresentation of the vendor, distributor or manufacturer shall be penalized in
the following manner:

(a) A fine of not less Ten thousand pesos (Php10,000.00) but not exceeding One
hundred thousand pesos (Php100,000.00) for the first offense:

(b) A fine of not less than One hundred thousand pesos (P100,000.00) but not exceeding
‘Two hundred fifty thousand pesos (P250,000.00) for the second offense;

(c) A fine of not less than Two hundred fifty thousand pesos (P250,000.00) but not
exceeding Five hundred thousand pesos (500,000.00) for the third offense; and

(4) A fine of not less than Five hundred thousand pesos (P500,000.00) but not
exceeding Seven hundred fifty thousand pesos (P750,000.00) and automatic revocation of its

business permit for the fourth offense,

For purposes of the imposition of appropriate fines hereof, the DTI shall establish
classification of commercial establishments based on their capitalization.

Any fine collected pursuant to this section shall be retained by the barangay unit where
the store is located in order to augment its waste management capability.

SEC. 10. Administrative Action. ~ Without prejudice to the tight of any person to file an

administrative action, the DTI shall, on its own instance or upon verified complaint by any


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person, institute administrative proceedings in the proper forum against any natural or
juridical person who violates any of the provisions of this Act with respect to

(a) Standards and limitations provided by this Act; or

(b) Such order, rule or regulation issued by the DTI with respect to such standard or

limitation.

SEC, 11.Jndependence of Action. — The filing of an administrative suit against such
person or entity does not preclude the right of any other person to file any criminal or civil
action,

SEC. 12. Enforcement. ‘The enforcement of the penal provision of this Act shall be

made through the DTI, in coordination with the Office of the Mayor of the LGU concerned.
SEC. 13. Joint Congressional Oversight Committee. —~ The Joint Congressional

Oversight Committee created under Section 60 of Republic Act No. 9003, otherwise known,

as the “Ecological Solid Waste Management Act of 2000”, shall likewise monitor the
implementation of this Act and review the implementing rules and regulations promulgated
by the DTI.

SEC. 14. Implementing Rules and Regulations. — The DTI, in coordination with the
DENR, the NSWMC and other relevant government agencies and organizations shall, within
six (6) months from the effectivity of this Act, promulgate the implementing rules and

regulations (IRR) governing this Act,

SEC, 15. Appropriations. — The amount necessary to carry out the provisions of this
Act shall be charged against the current year’s appropriations of the concemed agencies.
Thereafter, such sums as may be necessary for the operation and maintenance of this Act shall

be included in the General Appropriations Act.

C, 16.Separability Clause. ~ If, for any reason, any provision of this Act or part
thereof is declared unconstitutional or invalid by a court of competent jurisdiction, the other
provisions or parts hereof not affected shall remain in full force and effect.

SEC. 17. Repealing Clause. ~ All laws, decrees, order suances, ordinances, rules and

regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.

SEC. 18. Effectivity Clause. ~ ‘This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved,