Republic of the Philippines
HOUSE OF REPRESENTATIVES

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Quezon City

SIXTEENTH CONGRESS
Second Regular Session

House Bill No, 5379

Introduced by Representative ESTRELLITA “GING” B. SUANSING

EXPLANATORY NOTE

Plastic bags have been around for half a century, and no doubt one of
the most useful inventions of our time. This time, however, the
disadvantageous use of plastic bags has outweighed their benefits.

Every year, four to five trillion plastic bags are used worldwide, with
billions of bags ending up as litter. 430,000 gallons of oil are needed to
produce 100 million non-biodegradable plastic bags. These bags take

hundreds to thousands of years to disintegrate.

It is a known fact that plastic bags contaminate soil and waterways.
‘These are harmful to humans and animals alike, especially when
accidentally ingested. Plastic marine debris has been documented to harm
at least 267 species and is especially lethal to sea turtles.

Plastic bags and plastic bag composition account for 51.4% of flotsam!
in Manila Bay in 2006. In a follow-up survey in 2010, this figure increased
to 75.55%.? In Laguna de Bay, a 2011 discard survey showed that plastic

* Flotsam (noun): floating debris. Merriam-Webster Dictionary

? Klar, M. et al, Report: Everything you (don’t) want to know about plastics. Annex 2: The Philippine plastic
‘waste problem: Environmental, social, and economic dimensions. 2014. Eco Waste Coalition.

‘www. naturskyddsforeningen.se


bags compose 23% of the flotsam. Plastic bags are the top marine debris
collected in the Philippines, amounting to 679,957 pounds.*

Moreover, plastic bags contribute, sometimes even magnify, the
damage caused by natural calamities that visit the country. One of the
major causes of the massive flooding that is experienced by our country
during the rainy season is the huge amount of garbage that block water
drainage.‘

This bill aims to regulate the use of plastic bags by providing retail

stores that provide plastic bags to consumers

to implement a plastic bag
collection and recycling program. A plastic carry-out bag collection bin shall
be placed in each store and shall be visible, easily accessible to the
consumer, and clearly marked that the collection bin is available for the
purpose of collecting and recycling plastic carry-out bags. These plastic bags
shall then be collected, transported, and recycled.

To show compliance, the store shall maintain records describing the

collection, transport, and recycling of plastic carry-out bags collected for a
minimum of three (3) years and shall make the records available to the
DENR or LGU concerned.

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

ESTRELLITA B. SUANSING
1st District, Nueva Ecij

The Marine Debris Index, 2009. Ocean Concervancy.
http://act.oceanconservancy.org/pdf/2009_Marine_Debris_Index.pdf

* Klar, M. et al, Report: Everything you (don’t] want to know about plastics. Annex 2: The Philippine plastic
waste problem: Environmental, social, and economic dimensions. 2014, Eco Waste Coalition.
www.naturskyddsforeningen.se

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Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
Second Regular Session

House Bill No. ___ 53873

Introduced by Representative ESTRELLITA “GING” B. SUANSING

AN ACT
REQUIRING RETAIL STORES THAT PROVIDE PLASTIC BAGS TO
CONSUMERS TO IMPLEMENT A PLASTIC BAG COLLECTION AND
RECYCLING PROGRAM

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 Bag
Recycling Act of 2014.”

SECTION 2. Declaration of Policies. - The State shall protect and advance
the right of the people to a balanced and healthful ecology in accord with the
rhythm and harmony of nature.

The State shall promote and protect the global environment to attain
sustainable development while recognizing the primary responsibility of local
government units to deal with environmental problems.

The State recognizes that the responsibility of cleaning the habitat and

environment is primarily area-based.

Finally, the State recognizes that a clean and healthy environment is
for the good of all and should, therefore, be the concern of all.

SECTION 3. Definition of Terms. - As used in this Act, the term:

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A) “Consumer” means any person who makes a purchase at retail for any
purpose other than resale;

B) “Manufacturer” means the producer of a plastic carry-out bag sold to
a store;

C) “Operator” means a person in control of, or having daily responsibility
for, the daily operation of a store, which may include, but is not
limited to, the owner of the store;

D) “Plastic carry-out bag” means any plastic, latex, or polypropylene
carry-out bag provided by a store to a consumer at the point of sale;

E) “Providing plastic bags to consumers” means the act of a retail store of
giving to a consumer a plastic bag to store or transport goods
purchased at retail;

F) “Purchase at retail” means the acquisition of the ownership to or title
to tangible personal property through a sale at retail;

G) “Reusable bag” means either of the following:

a) A bag made of cloth or other machine washable fabric that has
handles, or

b) A durable plastic bag with handles that is specifically designed
and manufactured for reuse.

H) “Store” means a retail establishment that has gross sales of over One
Hundred Thousand Pesos (PhP 100,000.00) each month that provides
plastic carry-out bags to its consumers as a result of the sale of a
product.

SECTION 4. In-Store Recycling Program. -

A) Within sixty (60) days within the effectivity of this Act, the operator of
a store that provides plastic carry-out bags to consumers as part of a
purchase at retail shall establish an in-store recycling program
pursuant to this Act that provides an opportunity for consumers of
the store to return to the store the plastic carry-out bags.

B) A retail establishment that does not meet the definition of a store in
this Act and that provides plastic carry-out bags to consumers at the

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point of sale may also adopt an in-store recycling program as specified
in this Act.

C) An in-store recycling program provided by the operator of a store shall
include all of the following:

a. A plastic carry-out bag provided by the store shall have printed
or displayed on the bag, in a manner visible to a consumer, the
words “PLEASE RETURN TO A PARTICIPATING STORE FOR
RECYCLING,”

b. A plastic carry-out bag colle

ion bin shall be placed in each
store and shall be visible, easily accessible to the consumer, and
clearly marked that the collection bin is available for the
purpose of collecting and recycling plastic carry-out bags.

c. All plastic carry-out bags collected by the store shall be
collected, transported, and recycled.

d. The store shall maintain records describing the collection,

transport, and recycling of plastic carry-out bags collected for a

minimum of three (3) years and shall make the records available

to the Department of Environment and Natural Resources or to

the local government unit

ned, upon request, to
demonstrate compliance with this Act.

e, The operator of the store shall make reusable bags available to
consumers within the store, which may be purchased and used
in lieu of using a plastic carry-out bag or paper bag. This
subsection is not applicable to a retail establishment specified
pursuant to Section 4 (B).

SECTION 5. Penalties. —

A) A civil liability in the amount of One Hundred Thousand Pesos
(Php 100,000.00) for the first violation of this Act, Two Hundred
Thousand Pesos (Php200,000.00) for the second violation, and Three
Hundred Thousand Pesos (Php300,000.00) for the third and
subsequent violations shall be imposed upon stores violating this Act.

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B) Any civil penalties collected pursuant to paragraph (A) of this Section
shall be paid to the local government of the local government unit
where the store is located. The penalties collected pursuant to this
Section shall go to an Environmental Protection Fund to be used by
the local government to enforce this Act.

SECTION 6, Appropriations. - ‘The national government shall appropriate
such amounts as may be necessary to carry out the provisions and

objectives of this

SECTION 7. Separability Clause. - If any provision, or part thereof, is held
invalid or unconstitutional, the remainder of the law of the provision not
otherwise affected shall remain valid and subsisting.

SECTION 8. Repealing Clause. ~ Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule or regulation
contrary to, or inconsistent with, the provisions of this Act is hereby
repealed, modified, or amended accordingly.

SECTION 9. Bffectivity Clause. - This Act shall take effect fifteen (15) days
alter its publication in two (2) newspapers of general circulation.

Approved.

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