SEVENTEENTH CONGRESS OF THE REPUBLIC)
OF THE PHILIPPINES
Third Regular Session )

SENA’ 18 JUN 13. (AIO 28
S.B. NO 1851
= Fiestas / __

Introduced by Senator Maria Lourdes Nancy S. Binay

AN ACT REGULATING THE USE OF PLASTIC BAGS, AND FOR OTHER
PURPOSES

EXPLANATORY NOTE

Recent research data from around the globe cites the Philippines as one of
the top contributors of plastic wastes in the world’s oceans. According to
Ocean Conservancy, a non-profit organization based in the United States of
America, the Philippines produces an average of 2.7 million metric tons of
plastic wastes every year. It was also noted that bulk of plastic wastes in the
country comes from local plastic consumption.

The bill seeks to address the growing threats of plastic pollution to the
environment and wildlife. Regulating the use of plastic bags, and providing
alternatives will surely help reduce tons of plastic wastes in the country.

In view of the foregoing, the passage of this bill is earnestly sought.

MARIA LOURDES NAMCY S. BINAY
Senator



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SEVENTEENTH CONGRESS OF THE REPUBLIC)
OF THE PHILIPPINES )
Third Regular Session )

S.B. no. £851 Retise

Introduced by Senator Maria Lourdes Nancy S. Binay

AN ACT REGULATING THE USE OF PLASTIC BAGS, AND FOR OTHER
PURPOSES

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

SECTION 1, State Policy - The State shall advance the right of the people to a
balanced and healthful ecology, Towards this end, it is necessary to reduce the
environmental, public health, economic, and societal costs resulting from the
Production, use, and discard of single-use plastic carryout bags thereby
minimizing land-based sources of pollution, and increasing efforts to protect
water quality.

SECTION 2. Definitions - For purposes of this Act, the following definitions shall
apply:
(a) "Department" means the Department of Environment and Natural
Resources,
(b) "Recycled paper bag" means a paper carryout bag provided by a store
to a customer at the point of sale that meets all of the following
requirements:
(1) Contains a minimum of 40 percent postconsumer recycled
content;
(2) Accepted for recycling in curbside programs in a majority of
households that have access to curbside recycling programs;
(3) Capable of composting.
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(4) Printed on the bag the name of the manufacturer, the location
where the bag was manufactured, and the percentage of
Postconsumer content.
(©) (1) Until a standard is established and enforceable by the Department,
“reusable, biodegradable bag" means a bag that meets both of the
following requirements:

(A) Designed and manufactured for at least 100 uses.

(8) Made of a washable material that does not contain lead or

any other heavy metal in a toxic amount. as determined by the

Department.

(2) By January 1, 2014, the Department shall establish
standards in regulations that define "reusable, biodegradable bag,"
using the standards specified in paragraph (1), and any additional
durability, material content, or labeling requirements. Labeling
Fequirements shall, at a minimum, require reusable, biodegradable
bags to be imprinted, in a manner sufficient to be identifiable and
readable, with both of the following:

(A) The name of the reusable, biodegradable bag producer;

(B) The reusable, biodegradable bag seal or logo, as
determined by the Department, showing compliance with the
minimum standards.

(d) “Reusable, Biodegradable bag producer" means either of the
following:

(1) A person or entity that manufactures a reusable,
biodegradable bag;

(2) A person or entity that initially sells or offers for sale or
distribution a reusable, biodegradable bag.

(€) (1) "Single-use carryout bag" means a bag made of plastic, paper, or
other material, that is provided by a store to a customer at the point of



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sale and that is not a reusable, biodegradable bag, as defined in
subdivision (c).
(2) A single-use carryout bag does not include either of the following:
(A) A bag provided by a pharmacy to a customer purchasing
prescription medication,
(8) A nonhandled bag used to protect a purchased item from
damaging or contaminating other purchased items when placed in
a recycled paper , bag or reusable, biodegradable bag, .
(H "Store" means a retail establishment that meets any of the following
requirements: (1) Supermarkets and grocery stores; (2) A retail space
over 100 square meters that generates sales of retail goods; (3) A
convenience food store, food mart, sari-sari store or other entity engaged
in the retail sale of a limited line of goods that generally includes milk,
bread, soda, and snack foods.

SECTION 3. Carryout Bag Regulation -

(@) (1) On and after April 1, 2014, a store, as defined in Paragraph 1 or 2 of

subdivision (f) of Section 2, shall not provide a single-use carryout bag to
a customer at the point of sale.
(2) On and after July 1, 2014, a store, as defined in paragraph 1 or 2 of
subdivision (I) of Section 2, shall only provide reusable, biodegradable
bags, as defined by subdivision (c) of Section 2, that meet the
requirements of this chapter and standards established by the
Department.

(b) A store shall make reusable, biodegradable bags available for purchase by a
Customer. A store, as defined in paragraph 1 or 2 of subdivision (f) of
Section 2, may provide reusable, biodegradable bags to customers at no
cost.



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(©) Notwithstanding the requirements of subdivision a, a store shal make
available for sale to a consumer at the point of sale a recycled paper bag
at a reasonable cost,

(4) Beginning July 1, 2014, a store as defined in paragraph 3 of subdivision (A) of
Section 2 shall comply with the provisions of this article,

SECTION 4. Certification-

(a) On or after January 1,2015, and on or before January 1 every two years
thereafter, a reusable, biodegradable bag producer that sells, distributes, or
makes a reusable, biodegradable bag available to a store shall submit a
certification to the Department that each reusable, biodegradable bag meets the
Fequirements of subdivision (c) of Section 2 and associated standards issued by
the Department.

(b) A reusable, biodegradable bag producer sholl submit a fee to the Department
with each certification pursuant to Section 2.

(©) The Department shall provide a system to submit certifications online.

(d) The Department sholl Publish a list on its Internet Web site that includes: (1)
The name, location, and appropriate contact information of a reusable,
biodegradable bag producer in compliance with this section. (2) The reusable,
biodegradable bog product or products in compliance with this section.

SECTION 5. Certification Fees -

(2) The fee for the initial certification by a reusable, biodegradable bag producer,
as defined in subdivision (d) of Section 2, shall be as determined by the
Department. In establishing the initial fee, consideration by the Department shall
include, but not be limited to, if provided by a reusable, biodegradable bag
Producer, the annual sales revenue of a participating reusable, biodegradable
bag producer, the number of its employees, and the number of reusable,
biodegradable bag products to be submitted for certification by the such
participating producer.



(b) The fee for biennial certification thereafter shall be determined by the
Department which shall include inspection and re-certification. The Department
may adjust the biennial certification fee, if the Department determines that
additional fees are necessary to support implementation of this section,
Notification of any fee increases shall be provided to certified producers and
Posted on the department's Internet Web site 60 days in advance of the fee
increase.

(©) The fees in this section shall not exceed the amount necessary to cover the
Department's reasonable costs associated with the implementation of this
chapter.

SECTION 6. Inspection-

(2) The Department may inspect and audit any entity subject to this chapter,

(b) On or after July 1, 2014, the Department may test any reusable,
biodegradable bag manufactured by a reusable, biodegradable bag producer and
Provided to a store for sale or distribution for compliance with this chapter and
associated regulations.

(©) The Department may enter into an agreement with other government
agencies that conduct inspections to provide necessary enforcement of this
chapter.

SECTION 7. Violations-

(2) Any violation of Section 3 shall be subject to an administrative penalty of a
fine as assessed by the Department in an amount not less than five thousand
Pesos (P5,000.00) for the first violation. Subsequent violations may be increased
by up to ten thousand pesos (P 10,000.00) per violation, but not to exceed one
hundred thousand pesos (100,000.00) per violation.

(b) Any violation of Section 4, or any submission of false or misleading
information to the Department, shall be subject to an administrative penalty of a
fine assessed by the department of up to fifty thousand pesos (P50,000.00) per



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violation, not to exceed an annual total of one hundred fifty thousand pesos
(P150,000.00).

(c) The Department shall publish a list on its Internet Web site of any fines or
Penalties that have been levied against a violator of this section for failure to
comply with the requirements of this chapter.

SECTION 8. Reusable, Biodegradable Bag Account-

(a) The Department shall deposit all certification fees paid pursuant to this article
into the Reusable, Biodegradable Bag Account, which is hereby created in the
Department. The moneys deposited in the Reusable, Biodegradable Bag Account
shall be expended by the Department, upon appropriation by the Congress, to
assist the Department with its costs of implementing this Act.

(b) The Department shall deposit all penalties and fines collected pursuant to this
article into the Penalty Subaccount, which is hereby created in the Reusable,
Biodegradable Bag Account, and shall be expended by the Department, upon
appropriation by the Congress, to assist the Department with its costs of
implementing this Act.

SECTION 9. Rules and RegUlations. - The Department shall adopt rules and
regulations necessary to implement the provisions of this Act within ninety (90)
days from the effectivity thereof,

SECTION 10. Repealing Clause - All laws, executive orders, executive issuances,
rules and regulations or part thereof inconsistent or contrary to the provisions of
this Act, are hereby repealed or amended accordingly.

SECTION 11. Separability Clause - In case any provision of this Act is declared
Unconstitutional or invalid, the other provisions hereof which are not affected
thereby shall continue in full force and effect,



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SECTION 12. Effectivity - This Act shall take effect thirty (30) days after its
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Publication in two (2) national newspapers of general circulation,

Approved,