SE
Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS,

First Regular Session

060

2
HOUSE BILL NO. _—

Introduced by REPRESENTATIVE FRANCISCO PAOLO P. ORTEGA V

EXPLANATORY NOTE

According to SEA Circular, an initiative by the UN Environment Programme
(UNEP) and the Coordinating Body on the Seas of East Asia (COBSEA). the
Philippines is one of the world’s worst offenders on marine pollution with 0.28-0.75
million tons per year of plastic entering to oceans from coastal areas in Manila Bay. In
many areas of the country, local government units wither lacks access to or is inefficient
in waste collection services and recycling facilities.

There are, however, opportunities to develop an integrated and comprehensive
policies and strategies for plastic management. In fact, the Philippines. according to
plans, aims to promote 60% recovery and recycling of plastic by 2030

In pursuit of this plan, there are 488 local government units nationwide which
have already adopted ordinances tw prohibit single-use plastics, according to the
Climate Change Commission in 2021. There is, however, a need to further strengthen
the policies to encourage all local government units to adopt and implement the
regulation of the single-use plastic

In view of the foregoing, this bill is sought.

REP. FRAN ISCO PAOLO P. ORTEGA V
First DMtrict, La Union



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NIN

-ENTH CONGRESS

First Regular Session

House BILL No. 2060

Introduced by REPRESENTATIVE FRANCISCO PAOLO P. ORTEGA V

AN ACT
REGULATING THE PRODUCTION, IMPORTATION, SALE,
DISTRIBUTION, PROVISION, USE, RECOVERY, COL! ‘TION,
RECYLING, AND DISPOSAL OF SINGLE-USE PLASTIC PRODUC

Ss

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.”

Section 2. Definition of Terms. ~ As used in this Act

(a) Commercial establishment refers to an establishment or cluster of establishments
engaged in commerce or sales of goods or services including market stores, shopping
mail 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;

(h) 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 harmful residue;

(c) 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
alternatives:

(d) 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:



(c) Low in Recyclability refers to a condition wherein the value for recovery and
reprocessing of a plastic product is low. or nonexistent, 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;

(e) 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;

(h) Plastic Products refers 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 carty or protect goods for transportation, distribution, and sale, or to promote these
products or services;

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

(i) Single-Use Plastic Products refer to plastic products designed to be disposed,
destroyed, or recycled, after only one use.

Section 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, and chopsticks;

(4) Food and beverage containers made of expanded polystyrene

(ec) Oxo-degradable plastics;

(f) Film wrap, packaging, or bags of less than 50 microns in the 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;

(b) Stirrers;

(c) Sticks for candy, balloon, and cotton bud:

(d) Buntings:

(e) Confetti; and

() 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.

Section 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, packaging, or products that are multilayered with other
materials, multilayered tetra packs, 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 Section 7 of this Act.

Section 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 chi 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
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 Section 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 I! of this Act, the DENR shall, together with the
Department of Education (DepEd) and Department of the 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

(e) 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.

Section 6 Compostable Plastic. Producers, imposters, and commercial
establishments may provide compostable plastic products to their consumers. The
plastic product shall have a visible logo identifying that this 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 DT.

Section 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 and importers shall incorporate themselves in accordance
with Republic Act No. 11232, otherwise known as the “Revised Corporation Code of
the Philippines,” to implement the extended producers” responsibility programs that
may include the following activities:

(a) Recovery schemes for plastic wastes through redemption, buy-back, offsettin
or any model or strategies that will efficiently affect 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, each producer or importer shall recover or offset and divert into
value chains and value-adding usefil products, whenever possible, at least fifty percent
(50%) of their single-use plastic product footprint, three (3) years after the effectivity
of this Act: Provided, That the DENR, upon the review and recommendation of the
NSWMC, shall gradually increase the percentage until a one hundred percent (100%)
recovery or offsetting of their single-use plastic product footprint is achieved five (5)
years following the effectivity of this Act. 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 re recovery and diversion
of their plastic product footprint, are considered part of necessary expense, and shall 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, for a period of five
(5) years from the effectivity of this Act.

Ifa producer or importer ails to meet the recovery or offsetting 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 (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 afier 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


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

(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 Five pesos (PS.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 or delivery services a minimum fee of Five pesos (P5.00) 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 the 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.

Section 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 the Act.

Section 10. Monitoring and Market Inspections. - The DENR and the D1 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 center, and trans-shipment

points; and

(c) Inspection of the recovery, recycling, treatment, and disposal facilities, 10
determine if residual plastic products are being properly diverted and disposed
of.

Section 11. Public Access 10 Information. ‘The public shall have access 10
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.

Section 12. Information and Education Campaign. - The DENR, in coordination
with the LGUs, the DILG, the DTI, the DepEd, the Commission on Higher Education
(CHED), the Philippine Information Agency (PIA), and the 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"

Section 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
concerned nongovernmental organizations (NGOs) or people’s organizations (POs). or private
enterprises in the firrtherance of the objectives of this Act

Section 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,

Section 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

Section 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 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.

Section 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 concemed 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.

Section 18. Fines and Penalties. ~ Deliberate violations of Section 3. 4, 6, 7, 8, 14 and 15
of this Act, and the falsification of documents required pursuant to this Act, or misinterpretation
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 (P250,000.00) but not
exceeding Five hundred thousand pesos (P500,000.00) for the first offen:

(2) A fine of not less than Five hundred fifty thousand pesos (P500,000.00) but not
exceeding Seven hundred fifty thousand pesos (P750,000,00) for the second offense; and

(3) A fine of not less than Seven hundred fifty thousand pesos (P750,000.00) but not
exceeding One million pesos (P1,000,000.00) and automatic revocation of its business permit
for the third offense.

(b) Micro Enterprises. and Other Smailer Businesses:

(1) A fine of not less than Fifty thousand pesos (P50,000.00) but not exceeding One
hundred thousand pesos (P10,000.00) for the first offense:

(2) A fine of not less than One hundred thousand pesos (P100,000.00) but not exceeding
‘Three hundred thousand pesos (P300,000.00) for the second offense: and


(3) A fine of not less than Three hundred thousand pesos (P300,000.00) but not exceeding
Five hundred thousand pesos (P500,000.00) and automatic revocation of its business permit
for the third offense.

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.

Section 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

Section 20. 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. The Joint Committee shall be cochaired by the
Chairpersons of the House Committee in Ecology and the Senate Committee on Environment,

Section 21. 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
ayencies 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 concemned 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

Section 22. Separability Clause. ~1f. for any reason, any provision of this Act or pant 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,

Section 23. Repealing Clause. ~ Ail laws, decrees, orders, issuances, ordinances, rules, and
regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed or
modified accordingly,

Section 24. Effectivity. - This Act shall take effect fifteen (15) days after its publication in
the Official Gazette o in two (2) newspapers of yeneral circulation

Approved.