Republic of the Philippines recever”
HOUSE OF REPRESENTATIVES

Quezon City
SEVENTEENTH CONGRESS
First Regular Session

files
HOUSE a no, 4188

Introduced by HON. GUS S. TAMBUNTING

EXPLANATORY NOTE

The bill seeks to prohibit the use of polystyrene food packaging from food
service businesses and operations, and put an end to the use of 'Styrofoam' and to
encourage businesses to use recyclable or compostable food containers.

There are currently no meaningful ways of recycling polystyrene based food
packaging and it must be disposed of as garbage hence, said material has limited
usefulness. Discarded polystyrene persists as litter and remains as such for the longest
time posing as hazard to the environment.

This legislation brings back the old habit of preparing foods ‘to go’ in
compostable and recyclable alternatives that are available and serve the same purpose
as non-recyclable food service packaging.

More so, Styrofoam, made from styrene, is a suspected carcinogen and
neurotoxin that was recently limited by the Food and Drug Administration in bottled
drinking water. Studies have indicated that styrene residues are present in 100% of
all human fat tissue in the United States. Several epidemiologic studies suggest there
may be an association between styrene exposure and an increased risk of leukemia
and lymphoma.

It is in this light that immediate passage of this bill is eart

20 OCT a6 ©

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Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

SEVENTEENTH CONGRESS
First Reaue Session

HOUSE Mit NO. 418 4183,

Introduced by HON. GUS S. TAMBUNTING

AN ACT
PROHIBITING THE USE OF DISPOSABLE POLYSTYRENE FOOD CONTAINER,
DISPOSABLE NONRECYCLABLE PLASTIC FOOD CONTAINER, AND
DISPOSABLE NONRECYCLABLE CONTENT PAPER CONTAINER, AND OTHER
PURPOSES

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

SECTION 1. State Policy. — It is the policy of the State to protect and advance
the right of the people to a balanced and healthful ecology in accord with the rhythm
and harmony of nature.

SECTION 2. Purpose. —To encourage the use of compostable and recyclable
alternatives that are available and serve the same purpose as non-recyclable food
service packaging.

SECTION 3. Objective. - To determine and implement programs that maximize
material reuse and recycling and programs that will prohibit the use of materials that
has limited usefulness.

SECTION 4. Coverage. - This Act prohibits the use of polystyrene food
packaging from all food service businesses and operations.

SECTION 5. Definition of Terms. — For the purposes of this Act, the Following
terms are defined as follows:

a.) "Polystyrene food container” means a plastic container comprised of a majority
polystyrene plastic resin that is used to contain prepared food designed for one-
time use.

b.) “NWon-recyclable plastic food container" means a plastic food container not made
from polyethylene (PET or PETE) of high density polyethylene (HDPE).


AN

¢.) "Non-recyclable content paper container" means a food container containing
less than 100 percent consumer recycled paper content.

SECTION 5. Penalties. - Any business operator who violates any provision of
this article shall be punished by a fine not exceed P50,000 for a first offense; by a fine
not to exceed P100,000 for a second offense; and by a fine not to exceed P150,000
for a third and each subsequent offenses committed in any twelve-month period. Each
day that a business operator fails to comply with this article shall carry a separate and
distinct violation.

SECTION 6. Implementing Rules and Regulations. - The Department of
Environment and Natural Resources (DENR) together with the stakeholders and other
related government agencies and entities shall promulgate the rules and regulations
as it deems necessary and appropriate for the implementation and enforcement of
any provisions of this Act.

SECTION 7. Repealing Clause. — Any law, presidential decree or issuance,
executive order, presidential proclamation, rules, regulations or parts thereof
inconsistent with the provisions of this Act, are hereby repealed, modified, or amended
accordingly.

SECTION 8. Separability Clause. — If any provision of this Act is declared
unconstitutional, the same shall not affect the validity and effectivity of the other
provisions hereof.

SECTION 9. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

Approved,