Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH Congress
First Regular Session

House Bill No. 2599

INTRODUCED BY

Rep. Dante S. Garcia and Kenneth Paolo C. Tereng

EXPLANATORY NOTE

Though R.A. No. 11898, otherwise known as Extended Producer's Responsibility Act
of 2022 (EPRA), was legislated in order thwart plastic wastes from being leaked to the
environment by requiring the producers of plastic products to recover their wastes, many
environmentalists practicing here and abroad believe that the law is not adequate. The
recovery component of EPRA covers only the downstream approach. It is believed that the
upstream solution must be thoroughly introduced and implemented in order to address
significantly the problem on plastic wastes.

The proposed bill seeks to offer the upstream approach to efficiently prevent plastic
wastes from finding their ways to our canals, esteros, lakes, oceans and other water bodies,
by directing (a) the phase out of highly unnecessary plastic products, and (b) the use of
compostable plastics, and (c) engagement of commercial establishments in providing their
customers non-free plastic carry-out bags or take-out packaging.

This is the opportune time to salvage the Philippines from its bad reputation of being
one of the largest contributors to plastic wastes worldwide. Just recently, on February 23,
2023, the Visual Capitalist published online an alarming article stating that the Philippines is
the Highest Ocean Plastic Waste Polluter. it reported the following data, to wit:

Rank Country Annual Ocean Plastic Waste (Metric tons)
#1 Philippines 356,371

#2 India 126,513

8 Malaysia 73,098

#4 China 70,707

#5 Indonesia 56,333


Rank Country Annual Ocean Plastic Waste (Metric tons)

#6 Myanmar 40,000
47 Brazil 37,799
48 Vietnam 28,221
#9 Bangladesh 24,640
#10 Thailand 22,806

Rest ofthe World 176,012
Total 1,012,500
Precisely on this point, in combination of downstream approach or the recovery
schemes being espoused by R.A. No. 11898, this proposed legislative measure offers an

upstream approach to extensively provide a solution to the problem.

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

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. 2595

Introduced by ___

Rep. Dante S. Garcia and Rep. Kenneth Paolo C. Tereng

AN ACT

REGULATING THE PRODUCTION, IMPORTATION, SALE, DISTRIBUTION,
PROVISION, USE, RECOVERY, COLLECTION, RECYCLING, AND DISPOSAL OF
SINGLE-USE 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 “Single-Use Plastic Products
Regulation Act”.

SEC. 2. Definition of Terms.— As used in this Act:

a)

b)

°)

Commercial establishment refers to an establishment or cluster of establishments
engaged in commerce or sales of goods or services including market stores,
shopping mall outlets, supermarkets, department stores, online stores, grocery stores,
drug stores, convenience stores, food chains, restaurants, cafes, bars, sari-sari stores,
ambulant vendors, with or without stalls, and the like;

Compostable plastic product refers to a plastic product that is suitable for home
composting that undergoes degradation by biological processes during composting
to yield carbon dioxide, water, inorganic compounds, and biomass, at a rate
consistent with other known compostable materials, and leaves no visible,
distinguishable, or environmentally-harmfiul residi

High in replaceability refers to a condition wherein a plastic product is deemed non-
acceptable, unnecessary, or can be replaced by a more efficient and eco-friendly
alternative;


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a)

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Importer refers to any entity that imports or distributes single-use plastic products, or
goods utilizing single-use plastic products, to any commercial establishment in the
Philippines;

Low in recyclability refers to a condition wherein the value for recovery and
reprocessing of a plastic product is low, or non-existent, due to its design,
composition, content, and density, among other things:

Low in retrievability refers to a situation wherein after use of the plastic products, a
significant volume cannot be recovered, properly recycled, processed or disposed of,
‘on account of inefficient recovery schemes, or low value for recovery, recycling or
reprocessing;

Plastic footprint refers to the total amount of plastic or composite materials used in
the production, distribution, promotion, and sale of single-use plastic products or
services;

Plastic products refer to bags, containers, food service necessities, packaging, and
promotional materials, or any other non-healthcare products using synthetic
polymers as a major component, or as one of the layers thereof, designed to be
utilized, to carry or protect goods for transportation, distribution, and sale, or to
promote these products or services;

Producer refers to any entity that manufactures or distributes single-use plastic
products or goods utilizing single-use plastic products, to any commercial
establishment in the Philippines; and,

Single-use plastic products refer to plastic products designed to be disposed,
destroyed, or recycled, after only one use.

SEC. 3. Phase Out Of Single-Use Plastic Products. — The following non-compostable
single-use plastic products shall be phased out within a period of four (4) years from the

effectivity of this Act:

a) Plates and saucers;

b) Cups, bowls, and lids;

c) Cutlery like spoons, forks, knives, chopsticks;

d) Food and beverage containers made of expanded polystyrene;

) _ Oxo-degradable plastics;

f) Film wrap, packaging, or bags of less than 50 microns in thickness; and

g) Sachets and pouches that are multilayered with other materials.

The following products shall be phased out within a period of one (1) year from the
effectivity of this Act:

a) Drinking straws;


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b) Stirrers;

©) Sticks for candy, balloon, and cotton bud;

4) Buntings;

e) Confetti; and

f) Packaging or bags of less than 10 microns in thickness.

Thereafter, the production, importation, sale, distribution, provision or use of the said
plastic products shall be prohibited.

Properly labelled flexible disposable plastic drinking straws for persons with special
medical conditions shall be allowed, when no suitable reusable or compostable alternatives are
available.

SEC. 4. Phase-out of Other Single-Use Plastic Products. ~ Two (2) years after the
effectivity of this Act, and every two (2) years thereafter, the Department of Environment and
Natural Resources (DENR), in coordination with the Department of Trade and Industry (DTI),
the Department of Science and Technology (DOST), and the National Solid Waste
Management Commission (NSWMC), shall regularly determine whether plastic bottles,
flexible or rigid plastic packaging products, whether single layer or multi-layered with plastic
or other materials, election or advertising paraphernalia, streamers, and other non-compostable
single-use plastic products not listed under Section 3 of this Act, are deemed either high in
replaceability, low in recyclability, or low in retrievability. Upon determination by the DENR,
these products shall be phased out within a period of two (2) years.

Products are low in recyclability or retrievability when these are not properly recovered or
offset, in compliance with the provisions or standards established pursuant to Sec. 7 of this Act.

SEC. 5. Phase-out Plan for Single-Use Plastic Products. — A Phase Out Plan, hereinafter
referred to as the Plan, shall be formulated by the DENR, in coordination with the NSWMC,
and in consultation with relevant departments or agencies of the government and stakeholders,
within six (6) months upon the effectivity of this Act. The Plan shall include the following
components:

a) Consumption, Reduction, and Recovery Program. ~ The DTI, in cooperation with
the DENR, the DOST, and the Food and Drug Administration (FDA) of the
Department of Health (DOH), and in consultation with stakeholders, shall
formulate a Consumption, Reduction, and Recovery Program, to achieve a
significant reduction in consumption and increased recovery for recycling and
treatment, or proper disposal of single-use plastic products, within the phase out
period prescribed by this Act. Such measures shall include national consumption
reduction, waste recovery targets, and other measures ensuring that reusable and
compostable alternatives to single-use plastic products are made available, and that
the said products are not free of charge at the point-of-sale to the final consumer;

b) Producer Responsibility Schemes. — Producer responsibility schemes shall be
formulated to carry out the objectives of Section 7 of this Act, and as part of interim

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measures, to cushion the impact of single-use plastic products on the environment
within the phase-out periods;

c) Reusable and Compostable Alternatives to Single-Use Plastic Products. —
Appropriate strategies to implement the requirements provided under Sections 6
and 14 of this Act shall be formulated to assist local manufacturers in developing
‘or acquiring the appropriate technology and sustainable materials for the
production of reusable or compostable alternatives to single-use plastic products,
which shall also be highly recoverable and highly recyclable;

d) — Awareness-Raising Measures. — As part of the Information and Education
Campaign (IEC) under Section 11 of this Act, the DENR shall, together with the
Department of Education (DepEd) and Department of Interior and Local
Government (DILG), formulate an information dissemination plan to inform
consumers of (i) the impact of use and improper disposal of single-use plastic
products on the environment; (ii) waste reduction, reuse, recycling and recovery
systems; and (iii) other best practices in waste management; and

Fiscal and Non-Fiscal Rewards and Incentives. ~ The Department of Finance (DOF),
the DILG, and the DTI, shall establish mechanisms that will provide fiscal or non-
fiscal rewards and incentives allowed under existing laws, to encourage
manufacturers, importers, sellers, and end-users to participate in the programs geared
towards achieving the objectives of the Plan.

©)

SEC. 6. Compostable Plastic. — Producers, importers, and commercial establishments
may provide compostable plastic products to their consumers. The plastic product shall have a
visible logo identifying that it is compostable. The manufacturing date and name of
manufacturer, importer, and distributor shall be labelled as well.

The DTI, in coordination with the DENR, DOST, leagues of local government units
(LGUs), NSWMC, and other government and private agencies and organizations concerned,
shall promulgate the appropriate Philippine National Standard (PNS) for compostable plastic
products, within six (6) months from the effectivity of this Act. Recoverability, recycling, or
reprocessing value of these products into other useful materials or commodities shall likewise
be explored by the DTI.

SEC. 7. Responsibility of Producers and Importers. ~ Within two (2) years following the
effectivity of this Act, producers and importers of single-use plastic products, regardless of
whether compostable or recyclable, shall establish and start phasing in the extended producers’
responsibility programs, aimed at effectively preventing plastic wastes from leaking to the
environment. To achieve the purposes of this section, the producers, not referred to as “obliged
enterprises” under R.A. No. 11898, otherwise known as the Extended Producers Responsibility
Act of 2022, shall nevertheless implement the programs that may include the following activities:


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a) Recovery schemes for plastic wastes through redemption, buy-back, offsetting, or
any model or strategies that will efficiently effect high retrievability and
recyclability;

b) Transportation of recovered plastic wastes to the appropriate composting,
recycling, and other diversion or disposal sites in the country;

c) Cleanup of plastic wastes leaked to coastal areas, public roads, and other sites; and

d) Establishment of recycling, composting, thermal treatment, and other wastes
diversion or disposal facilities of commercial or industrial scale for plastic products,
when investment therein is viable.

For this purpose, the producer or importer shall recover or offset and divert into value
chains and value-adding useful products as may be directed by the DENR. The producer or
importer shall submit to the DENR a verifiable notarized documentation of its single-use plastic
product footprint. An independent third party auditor shall be engaged by both the DENR and
the producer or importer to verify the authenticity of the plastic product footprint report and its
recovery or offsetting report.

Expenses relevant to the abovementioned activities, and the recovery and diversion of
their plastic product footprint, are considered part of necessary expense, and shalll be allowed as
deduction from the taxable income of the producers and importers, under Section 34(A) of the
National Internal Revenue Code, as amended.

If a producer or importer fails to meet the recovery or off-setting of plastic product
footprint target set pursuant to the preceding paragraph, the producer or importer shall be
required to pay the equivalent amount of five percent (5%) of the cost of the single-use product
set in the market to the producers and importers’ responsibility corporation created pursuant to
Section 7 hereof, net of whatever amount already spent for recovery for the period. The
producers and importers’ responsibility corporation may increase the rate or amount three (3)
years after the effectivity of this Act.

Producers and importers shall provide appropriate labelling for their packaging and
products, providing information on specific plastic types and packaging structure, and other
information important in the proper recovery and diversion of their wastes after use. For this
purpose, the DTI in coordination with the recycling and waste processing industry is mandated
to formulate the guidelines for proper labelling of packaging and plastic products.

Implementing Rules and Regulations (IRR) for this section shall include, but not be
limited, to multi-sectoral compliance monitoring schemes, accountability mechanism,
transparency, and data reporting on recovery plan.

SEC. 8. Responsibility of Commercial Establishments. — Sixty (60) days after the
effectivity of this Act, commercial establishments shall undertake the following activities:


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a) Promote the use of highly reusable, recyclable, and retrievable products in their
establishments, or make available for sale locally-made products such as bayong,
buli, and other reusable containers and bags that are made of abaca, water lily, and
other organic or compostable materials or reusable or recyclable containers that
promote circular economy;

b) Charge their customers a minimum fee of PHP 5.00 for every single use plastic bag:
Provided, That the imposition of the minimum fee shall not preclude the LGUs
from imposing other fees and charges on the use of plastic bags;

c) Charge take-out food or delivery services a minimum fee of Five pesos (P 5.00) for
every single-use plastic product provided, regardless of whether it is a disposable or
compostable alternative; and

d) _ Establish an effective in-store recovery program that will facilitate and encourage
customer return of their used plastic products to the commercial establishment, and
implement the recovery scheme established pursuant to Section 7 of this Act.

The fees collected pursuant to paragraphs (b) and (c) shall be reflected in the receipts.
‘The DOF shall prescribe the rules and regulations to be issued to implement this section with
respect to the collection, recording, and remittance of fees: Provided, That fifty percent (50%)
of the said fees shall be remitted to the National Government and deposited to the National
Solid Waste Management Fund pursuant to Section 46 of Republic Act No. 9003, while the
other fifty percent (50%) shall be remitted to the barangay where the fee was collected, to
finance exclusively their solid waste management programs.

SEC. 9. Lead Agency. - The DENR, in coordination with the NSWMC, unless otherwise
provided herein, shall be the primary government agency responsible for the implementation
and enforcement of this Act.

SEC. 10. Monitoring and Market Inspections. - The DENR and the DTI shall, in
coordination with the LGUs and local law enforcement agencies, instigate the regular and
routine inspection and monitoring of the point-of-sale stores and the facilities of commercial
establishments, producers, and importers, to determine compliance with this Act. Inspection
and monitoring shall include the following:

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 trans-shipment
points; and

©) Inspection of the recovery, recycling, treatment, and disposal facilities, to determine
if residual plastic products are being properly diverted and disposed of.


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SEC. 11. Public Access to Information. ~ The public shall have access to records, reports,
or information concerning the implementation and mandates of this Act.

The said documents shall be made available for inspection or reproduction during normal
business hours: Provided, That the DENR, the DTI or concerned LGU may consider
confidential a record, report, or information, or particular portions thereof, and shall therefore
not be made public when such would divulge trade secrets, production or sales figures, or
methods, production, or processes unique to the manufacturer, seller, or distributor, or would
otherwise tend to adversely affect the competitive position of such manufacturer.

SEC. 12. Information and Education Campaign. — The , in coordination with the
LGUs, the DILG, the DTI, the DepEd, the Commission on Higher Education (CHED),
Philippine Information Agency (PIA), and other private or nongovernment organizations and
concerned agencies, shall conduct a continuing IEC on the proper implementation of this Act,
including the necessity to regulate plastic products in the country, in relation to our environment.

The said IEC shall be incorporated in the public IEC under Section 55 of Republic Act No.
9003 otherwise known as the “Ecological Solid Waste Management Act of 2000”.

SEC. 13. Linkage Mechanism. — The DENR and the NSWMC, in coordination with the
DTI, may consult, and enter into an agreement with other government agencies, LGUs, or with
concemed non-governmental organizations (NGOs) or people’s organizations (POs), or private
enterprises in the furtherance of the objectives of this Act.

SEC. 14. Shift to Alternatives. - The DOST, in cooperation with the Department of
Agriculture (DA), the DTI, the DENR, and the NSWMC, shall develop and implement a
program that will assist local manufacturers in developing or acquiring sustainable sources of
raw materials, appropriate technology for the production of highly reusable, recoverable,
recyclable, or compostable materials, as an alternative to plastic products and provide applicable
incentives therefor. Consistent with the program, the DTI, through the Bureau of Philippine
Standards (BPS), shall take the lead in developing the appropriate standards for alternatives.

SEC. 15. Production and Importation Control. - The DTI shall, in cooperation with the
DA, DOST, DENR, and NSWMC, develop a framework plan that will ensure that the single-
use plastic products being produced or imported in the country will maximize its purpose,
minimize its waste footprint, and increase its recoverability and recyclability. For this purpose,
standards shall be established for the dimensions, thickness, labelling, structures, capacity,
color-coding, materials and other relevant parameters of a particular single-use plastic product.

SEC. 16. Role of the National Solid Waste Management Commission. — The 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 this Act.

The NSWMC shall, in partnership with research institutions and academic communities,
conduct relevant studies to realize the harmonious implementation of this Act with Republic Act
No. 9003. It shall also ensure that the provisions of this Act are made part of the programs being

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implemented under Republic Act No. 9512, otherwise known as the “National Environmental
Awareness and Education Act of 2008”.

The DENR shall provide the necessary financial and manpower resources to enable the
NSWMC to perform its additional functions under this Act.

SEC. 17. Role of LGUs. ~ The LGUs shall be primarily responsible for the
implementation and/or monitoring of compliance with wastes segregation, collection,
recovery, transport, recycling, and disposal of plastic products. The LGUs may enjoin the
participation of other concerned government agencies, private entities, and industries for this

Purpose.

The DENR shall, in coordination with the NSWMC and the DOST, provide the LGUs
with technical assistance, trainings, and continuing capability-building programs to attain the
objectives of this Act.

SEC. 18. Fines and Penalties. ~ Deliberate violations of Sections 3, 4, 6, 7, 8, 14 and 15
of this Act, and the falsification of documents required pursuant to this Act, or
misrepresentation of persons producing, importing, or distributing single-use plastic products,
and commercial establishments shall be penalized in the following manner:

a) Large, Medium and Small Enterprises:

1. A fine of not less than Two hundred fifty thousand pesos (P 250,000.00) but not
exceeding Five hundred thousand pesos (P 500,000.00) for the first offense;

2. A fine of not less than Five hundred thousand pesos (P 500,000.00) but not
exceeding Seven hundred fifty thousand pesos (P 750,000.00) for the second
offense; and

3. A fine of not less than Seven hundred fifty thousand pesos (P 750,000.00) but
not exceeding One million pesos (P 1,000,000.00) and automatic revocation of
its business permit for the third offense.

b) Micro Enterprises, and Other Smaller Businesses:

1. A fine of not less than Fifty thousand pesos (P 50,000.00) but not exceeding One
hundred thousand pesos (P 100,000.00) for the first offense;

2. A fine of not less than One hundred thousand pesos (P 100,000.00) but not
exceeding Three hundred thousand pesos (P 300,000.00) for the second offense;
and

3. A fine of not less than Three hundred thousand pesos (P 300,000.00) but not
exceeding Five hundred thousand pesos (P 500,000.00) and automatic revocation
of its business permit for the third offense.


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The Pollution Adjudication Board of the DENR shall hear and adjudicate cases of
violations or offenses in this section, and impose appropriate fines therefor. For purposes of
the imposition of appropriate fines hereof, the DTI shall establish the classification of
commercial establishments based on their capitalization.

Forty percent (40%) of the fines collected under 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. 19. 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 standards and limitations
provided by this Act, or such order, rule, or regulation issued by the DENR pursuant thereto.

SEC. 20. Independence of Action. — The filing of an administrative suit against any
person or entity does not preclude the right of any other person to file any criminal or civil
action.

SEC. 21. Joint Congressional Oversight Committee. — The Joint Congressional
Oversight Committee created under Section 60 of Republic Act No. 9003, shall likewise
monitor the implementation of this Act and review the rules and regulations promulgated by the
DENR to implement this Act. The Joint Committee shall be cochaired by the Chairpersons of
the House Committee on Ecology and the Senate Committee on Environment.

SEC. 22. Citizen's Suit. - Any citizen can file an appropriate civil, criminal, or
administrative action in the proper courts or bodies against: any person who violates or fails to
comply with the provisions of this Act and its IRR; the department or other implementing
agencies with respect to orders, regulations, and issuances inconsistent with this Act; and any
public officer who willfully or grossly neglects the performance of an act specifically enjoined
as a duty by this Act or its IRR, or abuses the authority vested upon him in the performance of
duty, or in any manner improperly performs the duties assigned under this Act or its IRR;
Provided, however, That no suit can be filed until after a thirty (30)-day notice has been given
to the public officer and the alleged violator concerned and no appropriate action has been
taken thereon. With this, free and accessible legal help should be given to individual persons
who shall file a lawsuit under this Act.

SEC. 23. Implementing Rules and Regulations. - The DENR, in coordination with the
NSWMC, DTI, DOST, and other relevant government agencies and organizations, shall
promulgate the IRR governing this Act, within six (6) months from its effectivity.

SEC. 24. 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. 25. 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. 26. Effectivity. — This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in two (2) newspapers of general circulation.

Approved,