Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City

19" Congress
First Regular Session

*. “Wouse sili no, 7385,

Introduced by Representative DANTE S. GARCIA

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

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

#3 Malaysia 73,098

#4 China 70,707

#5 Indonesia 56,333

#6 Myanmar 40,000


Rank Country Annual Ocean Plastic Waste (Metric tons)

#7 Brazil 37,799
#8 Vietnam 28,221
#9 Bangladesh 24,640
#10 Thailand 22,806

Rest ofthe World 176,012
Total 1,012,500



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Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City, Philippines

NINETEENTH CONGRESS
First Regular Session

7385

HOUSE BILL NO.

___Introduced by Representative DANTE S. GARCIA.

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.

. 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
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-harmfil residue;

©) 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;

4) 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;


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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 ot
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
88 a major component, or as one of the layers thereof, designed to be utilized, to cary
oF 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;

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

4) Food and beverage containers made of expanded polystyrene;

©) Oxo-degradable plastics;

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

8) 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;

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

4) Buntings;

e) Confetti; and


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

Thereafter, the production, importation, sale, distribution, provision or use ofthe 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.

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,
clection or advertising paraphernalia, streamers, and other non-compestable single-use plastic
Products not listed under Section 3 of this Act, are deemed either high in replaceability, low in
reeyclability, 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 Sea. ¢ 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 ofthe government and stakeholders, within
six (6) months upon the effectivity of this Act. The Plan shall include the following components:

®) Consumption, Reduction, and Recovery Program. ~The DTT, 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 »
Consumption, Reduction, and Recovery Program, (o 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 altematives 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;

5) Producer Responsibility Schemes. ~ Producer responsibility schemes shall. be
formulated to carry out the objectives of Section 7 ofthis Act, and as part of interim
measures, t0 cushion the impact of single-use plastic products on the environment
within the phase-out periods;

©) 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

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Sra Une the appropriate technology and sustainable materials forthe 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

Fiscal rewards and incentives allowed under existing lawe tn encourage
manufacturers, importers, sellers, and end-users to participate in the programs geared
towards achieving the objectives of the Plan

‘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 ofthese products into other useful materials or commodities shall ikewfes be explored by

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’
‘esponsibility programs, aimed at effectively preventing plastic wastes from leaking to the

4) _ 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 tothe appropriate composting, recycling,
and other diversion or disposal sites in the country:

©) Cleanup of plastic wastes leaked to coastal areas, public roads, and other sites: and


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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,

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:

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

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

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©) — Charge take-out food or delivery services a minimum fee of Five pesos (P 5.00) for

4) 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

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

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
'Fresidual plastic products are being properly diverted and disposed of

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

Public when such would divulge trade secrets, production or sales figures, ormethods, production,
cies s lnidue (0 the manufacturer, seller, or distributor, or would otherwise tend to
adversely affect the competitive position of such manufacturer


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SEC. 12. Information and Education Campaign. — The DENR, 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 concemed
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
Concerned 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

SEC. 15. Production and Importation Control. ~ The DTI shall, in cooperation with the
DA, DOST, DENR, and NSWMC, develop a framework plan that will ensene that the single-use
Plastic products being produced or imported in the country will maximive ie purpose, minimize
{8 waste footprint, and increase its recoverability and recyclability. For this Purpose, standards
shall be established forthe dimensions, thickness, labelling, structures, capacity, color-coding,
‘materials and other relevant parameters ofa 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.

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,
transpor., recycling, and disposal of plastic products. The LGUs may enjoin the participation
of other concemed government agencies, private entities, and industries for this purpose.

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‘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. Hines 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-ase Plastic products, and commercial
<stablishments shall be penalized inthe following manner

4) 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

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:

1A fine of not less than Fifty thousand pesos (P $0,000.00) 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 Tevocation 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 tis 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 onder 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

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SEC. 20. Independence o ‘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. 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 ite 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
OF Parts hereof not affected shall remain in full force and effect,

SEC. 25. Repealing Clause. ~ All laws, decrees, orders, issuances, ordinances, rules and
‘egulations or parts thereof inconsistent with the provisions of thie Act are hereby repealed or
modified accordingly.

SEC. 26. Lfectivity. This Act shall take effect fifteen (15) days after its publication in the
fcial Gazewe or in two (2) newspapers of general circulation

Approved,

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