Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

2484

House Bill No.

Introduced by Representatives
ESTRELLITA B. SUANSING and HORACIO P. SUANSING, JR.

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-friendly 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 services 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, approval of this bill is earnestly sought.

Pawawe, =
1* District, Nueva Ecija 2nd Distict, Sultan Kudarat

‘A B. SU: ING HORACIO



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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 2484

Introduced by Representatives
ESTRELLITA B. SUANSING and HORACIO P. SUANSING, JR.

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

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 product refers to a plastic product that
degrades and attains 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.

(b) 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.

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


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

(e) Plastic products refers to disposable plastic plates, cups, utensils,
cutlery and food containers, including plastic bags used by commercial
establishments.

() Reusable bag refers to a washable 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 reusable bags
that are made of indigenous, organic or compostable materials like abaca and
water lily: Provided, further, That establishments may still provide other
plastic bags as sanctioned under Section 6 of this Act.

A biodegradable plastic product shall have indicated or displayed on it
in a manner visible to the consumer, a logo showing that it is a biodegradable
plastic product as well as the manufacturing date and name of manufacturer
and distributor, and the words “RETURN FOR RECYCLING” and other
markings in conformity to existing Philippine National Standards (PNS).

‘The Department of Trade and Industry (DTI), in coordination with the
Department of Environment and Natural Resources (DENR), Department of
Science and Technology (DOST), 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 PNS.
for biodegradable plastic products: Provided, That the DTI shall consider in
the PNS the effective reusability and recyclability of these products.

Any product that uses materials other than plastic, which are practically
not reusable, recyclable or safe to be in contact with food shall not be allowed
one (1) year after the effectivity of this Act.


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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 which shall be placed at each
commercial establishment or cluster of establishments 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 disposed
through industrial treatment facilities;

(b) A collection system whereby all plastic products recovered by the
commercial establishment shall be collected by the barangays, transported,
and whenever practicable, recycled or disposed through industrial treatment
facilities by the cities and municipalities pursuant to Sec. 19 of this Act.

() A maintenance record of the commercial establishment's in-store
recovery program describing the recovery, collection, transport, and whenever
applicable, recycling and disposal to industrial treatment facilities of plastic
products collected for a minimum of three (3) years, and every year thereafter.
It shall make the records available to the DENR, DTI and 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
DENR and DTI;

(4) A customer plastic exchange system wherein 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 Php 5.00
per plastic bag, which fee shall be reflected in their receipts, and shall go to a


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special environmental fund. Manufacturers, distributors and exporters of the
biodegradable plastic bags shall participate in this program as part of their
extended producer’s responsibility initiatives.

SEC. 5. Exemptions. - Primary plastic packaging used in the
manufacture of finished products for sale in the general market, and those
used to pack or contain items to be distributed in relief operations in times of
calamities shall be excluded from the prohibitions under this Act.

SEC. 6. Phase out of Plastic Products. - Notwithstanding the provision
of Section 4 of this Act, non-biodegradable, non-reusable and non-recyclable
plastic products shall be gradually phased out within a period of one (1) year
from the effectivity of this Act. Thereafter, production, importation, sale,
distribution, provision or use of said plastic products shall be prohibited.

SEC. 7. Program for Affected Employees and Workers of the
Plastic Industry. - The Department of Labor and Employment (DOLE), in
coordination with DTI, shall conduct studies to determine the impact of this
Act on affected plastic industry employees and workers.

Likewise, in coordination with Technology Education and Skills
Department Authority (TESDA), plastic manufacturers, non-government and
civil society organizations and institutions, the DOLE and DTI shall develop a
program for alternative livelihood opportunities for employees and workers in
areas like recycling or upcycling of used plastic products.

SEC. 8. Support for Affected Plastic Manufacturers. - The DTI,
through the Board of Investments, shall develop benefits and programs to
assist affected plastic manufacturers to buffer the impact of this Act on their
industry, by creating incentives to facilitate their transition into the provision
of goods and services that will support the implementation of this Act,

SEC. 9. Monitoring and Market Inspections. - The DENR and DTI,
in coordination with the LGUs and local law enforcement agencies, shall cause
the regular and routine inspection and monitoring of point-of-sale stores and
facilities of plastic manufacturers to determine compliance with this Act.

Inspection and monitoring shall include the following:


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(a) Entry or access to the premises of operation and business, including

storage rooms and stockrooms;

(b) Inspection of off-site storage facilities, distribution centers, and

transshipment points; and

(0) Inspect sanitary landfills to determine if only residual plastic
products are being disposed of.

SEC. 10. Role of the National Solid Waste Management
Commission. - The National Solid Waste Management Commission
(NSWMC), created pursuant to Section 4 of Republic Act No. 9003 shall, in
addition to its functions under the said law, aid and assist in the
implementation and enforcement of its Act.

The NSWMC is hereby mandated to conduct studies to ensure the
harmonious implementation of this Act with the Republic Act No. 9003.

The DENR is hereby mandated and directed to provide the necessary
financial and manpower resources to enable the NSWMC to perform its
additional functions as mandated in this Act.

SEC. 11. Effect on LGU Ordinances Before or After the Effectivity
of this Act. - LGU ordinances in relation to this Act, such as bans and
prohibitions on the use of plastic products, promulgated and enforced prior
to the effectivity of this Act shall remain valid and subsisting: Provided, That,
within one (1) year following the promulgation of this Act, LGUs shall issue or
amend their respective ordinances in line with the provisions of this Act.

‘The provisions, mandates, and directives of this Act shall serve as
minimum standards and stipulations for LGU ordinances.

SEC. 12. Information and Education Campaign. - The DENR, in
coordination with the LGUs, Department of Interior and Local Government,
Department of Education, Commission on Higher Education, and Public
Information Agency, shall conduct a continuing information and education
campaign on the proper regulation of plastic products in the country.


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Such campaign shall be incorporated in and shall be in addition to the
public information and education campaign under section 55 of Republic Act
No. 9003.

SEC. 13. LGU Special Environmental Fund for Plastic Product
Regulation. - There is hereby created a Special Environmental Trust Fund
for Plastic Product Regulation to be managed by the National Solid Waste
Management Commission, hereinafter referred to as the Fund, to be
composed of levies, fees, and fines collected pursuant to the implementation
and enforcement of this Act.

The Fund shall be exclusively used for the following:

(a) Improve the capacity of LGUs, and local law enforcement agencies
for the implementation of this Act;

(b) Conduct of information and education campaigns on plastics
product regulation and related environmental awareness measures;

(c) Assist and provide incentives for manufactures and community-
based initiatives for the product of native reusable bags, as well as for non-
government and civil society organizations promoting proper solid waste
management; and

(d) Augment the Solid Waste Management Fund under Republic Act
No. 9003.

Forty percent (40%) of the fines collected under Sec. 20 of this Act shall
be allocated to or retained by the Barangay where the fined prohibited acts
are committed in order to finance the solid waste management of said unit.

SEC. 14, Access to Information. - The public shall have access to
records, reports, or information concerning the implementation and
mandates of this Act.

Such documents shall be available for inspection or reproduction
during normal business hours: Provided, That the DENR, DTI or concerned
LGU may consider a record, report or information or particular portions
thereof confidential and may not be made public when such would divulge


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trade secrets, production or sales figures or methods, production or processes
unique to such manufacturer, seller, or distributor, or would otherwise tend

to affect adversely the competitive position of such manufacturer.

SEC. 15. Citizens Suit. - For the purposes of enforcing the provisions
of this Act or its implementing rules and regulations, any citizen may file an
appropriate civil, criminal, or administrative action in the proper
courts/bodies against:

(a) Any person who violates or fails to comply with the provisions of this
Act and its implementing rules and regulations; or

(b) The DENR or other implementing agencies with respect to orders,
rules and regulations issued inconsistent with this Act; and/or

(©) Any public officer who willfully or grossly neglects the performance
of an Act specifically enjoined as a duty by this Act or its implementing rules
and regulations; or abuses his authority in the performance of his duty; or,
in any manner improperly performs his duties under this act or its
implementing rules and regulations: Provided, however, That no suit can be
filed until after a thirty-day (30) notice has been given to the public officer and
the alleged violator concerned and no appropriate action has been taken

thereon.

The court shall exempt such action from the payment of filing fees and
statements likewise, upon prima facie showing of the non-enforcement or
violation complained of, exempt the plaintiff from the filing of an injunction
bond for the issuance of preliminary injunction.

In the event that the citizen should prevail, the court shall award
reasonable attorney’s fees, moral damages and litigation costs as appropriate.

SEC. 16. Suits and Strategic Legal Action Against Public
Participation. - Where a suit is brought against a person who filed an action
as provided in Section 15 of this Act, or against any person, institution or
government agency that implements this Act or any other consumer related
laws, rules, and regulations, it shall be the duty of the investigating
prosecutor or the court, as the case may be, to immediately make a

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determination within not exceeding thirty (30) days whether said legal action
has been filed to harass, vex, exert undue pressure or stifle such legal

resources of the person complaining or enforcing the provisions of this Act.

Upon determination thereof, evidence warranting the same, the investigating
prosecutor or the court shall dismiss the case and award the attorney's fees

and double damages.

This provision shall also apply and benefit public officers who are sued
for acts committed in their official capacity, there being no grave abuse of
authority, and done in the course of enforcing this Act, its rules, regulations,
and guidelines.

SEC. 17. Lead Agency. - The DENR in coordination with the DTI, unless
otherwise provided herein, shall be the primary government agency
responsible for the implementation and enforcement of this Act.

SEC. 18. Linkage Mechanism. - The DENR and the NSWMC, in
coordination with the DTI, shall consult, and enter into an agreement with
other government agencies, LGUs, concerned non-governmental
organizations (NGOs), people’s organizations (POs), or private enterprises in
the furtherance of the objectives of this Act.

SEC. 19. 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 purpose, they shall be primarily responsible for the collection,
transportation, recycling and disposal of plastic products recovered to
industrial treatment facilities pursuant to this Act. The LGUs may enjoin the
participation of other concerned government agencies, private entities and
industries.

The 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.


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SEC. 20. Fines and Penalties. - Violations of Sections 3, 4 and 6 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 than Two hundred fifty thousand pesos
(P250,000.00) but not exceeding Five hundred thousand pesos (P500,000.00)
for the first offense; and

(b) A fine of not less than Five hundred thousand pesos (P500,000.00)
but not exceeding Seven hundred fifty thousand pesos (P750,000.00) for the

second offense; and
(c) Automatic revocation of its business permit for the third offense.

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

SEC. 21. Administrative Action. - Without prejudice to the right of any
person to file an administrative action, the DENR shall, on its own instance
or upon verified complaint by any 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 DENR with respect to
such standard or limitation.

SEC. 22. Independence 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. 23. Enforcement. - The enforcement of the penal provision of this

Act shall be made through the DENR, in coordination with the Office of the
Mayor of the LGU concerned.

SEC. 24. 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

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2000”, shall likewise monitor the implementation of this Act and review the
implementing rules and regulations promulgated by the DENR. The Joint
Committee shall be co-chaired by the Chairpersons of the House Committee
on Ecology and Senate Committee on Environment.

SEC. 25. Implementing Rules and Regulations. - The DENR, in
coordination with the DTI, 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. 26. Appropriations. - The amount necessary to carry out the
provisions of this Act shall be charged against the current year’s
appropriations of the concerned agencies. Thereafter, such sums as may be
necessary for the operation and maintenance of this Act shall be included in
the General Appropriations Act.

SEC. 27. 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, 28. Repealing Clause. - All laws, decrees, orders, issuances,
ordinances, rules and regulations or parts thereof inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.

SEC. 29. Effectivity Clause. - This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in a newspaper of general
circulation.

Approved,