Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Constitution Hills, Quezon City

NINETEENTH CONGRESS,

First Regular Session

2
HOUSE BILL vol G 38

Introduced by Rep. Bernadette Herrera-Dy

AN ACT BANNING THE USE OF SINGLE-USE PLASTICS NATIONWIDE TO
ELIMINATE PLASTIC POLLUTION IN THE PHILIPPINES.

Explanatory Note

Plastic is made of polyethylene, a component that makes plastic extremely hard to decompose. It may
take approximately 1000 years for plastis to decompose in landfills. ' Regrettably. the number of plastics
in the Philippines over the years increased in an alarming manner. According to a report made by the
Intemational Union for Conservation of Nature, the Philippines is among the top five countries in the
Work! where plasties originate.A report from Ocean Conservancy and McKinsey Center for Business and
Environment found that the Philippineszenerates 2.7 million metric tons of plastic garbage each year,
with 20% oF 521,000 tons of which ends up in the ocean. According toKarth Day Network's statistics.
thePhilippines ranked third as the worst polluter of the world's oceans in 2018. 1t is also important to note
that the Philippines expetienees many typhoons due to its geogrephical location. In a year, there are at
least 20 cyclones’ tha thit the Philippines and have caused intense flooding. The amount of plastics in the
' systems all over the country is the main cause!

According 10 World Wide Fund for Nature Philippines, plastic pollution is a serious threat not only to
marine life but to human life as well. At the same time, plastics don't completely degenerate and just
break down into smal! pieces (into microplastics) which are ingested by the fish that people consume
‘The organization further emphasized that the possibility of plastics ending up on dinner plates isa serious
concem and a health hazard. Specifically, waste from single-use plastics proves to be the biggest
problem. Environmental groups in the Philippines expressed their concer as plastic bags are used only
¢ plastics include straws, coflve stirers, soda, and water bottles and most food packaging
At the same time, many lightweights and single-use plastic products which account for
tely 50 percent of ail plasties produced. are not deposited in containers for subsequent removal
to landfills, reeyeling centers, or incinerators.*The Philippines’ “sachet economy” has also contributed to
the proliferation of plastics. * Products sold in single-use sachets include instant coffee, shampoo, cooking
oil, food seasoning, and toothpaste. However, once they're used, they are just thrown a

anced to lessen the use of such products or ban them entirely in different industries

Fortunately, there have been many initiatives for waste management in schools, workplaces, and even in
the hospitality and tourism industry Specifically, Hilton Manila Hotel currently uses non-plastic straws
and glass bottles instead of plastic ones for their complementary drinking water. “This is an important
initiative since 75% of environmental pollution caused by the hotel industry was from over-consuming
energy, water, and materials while operating their business.*Without policies that support the

Leblanc, R. (2019). The Decomposition of Waste ia Landfils: A Story of Time and Materials. Retrieved from
htps://wvua thebalancesme.com/how long does it-takearbage-to-decompose-2878033

PAGASA report
Klippe, A. (2018). The cause of flod isnot poor drainage system. Flood Control Asia, Retrieved from

htps://Moodconto|asta/cause-of foods s not por drainage/
‘Moore. €. (nd) Plasne Pollution In Oceans And On Land. Encyclopaedia Britannica. Retrieved from:
-tps:// wor brtanica.convscience/plastic-poluon/iastie-palutonia-oceans-and-onland
Taco, H, (2018) Plastic Problems, Pollution in the Pillppines Gaia Discovery. Retrieved from:
htps://w gaiasiscovery.com/planct/pastc problems-polation philippines
‘“Tayao Juego, A (2018). This hotel wil soon ditch the litle shampoo bottles Filipinos love. Philippine Daily Inquirer: Retrieved
from: hitps://ousinessinqucernet/261139/this-hote-wil-soon-dtch-the-title-shampoo-bottes-
“viernes, J (2014), Greening the Hotel Operations: Puerto Princesa Experience. Asa Pacific Journal of



implementation of appropriate green practices, hotels could add to the adverse impact of the increase in
wastes that go back to the environment Local goverament units have also taken action and have pushed
for ordinances on waste management and the ban of single-use plastie products such as plastic bags and
straws.Although there are many policies that ban plasties in different cities in the Philippines and
initiatives from industries to limit the use of plastics,these are not cnough.The Global Alliance for
Incinerator Alternatives emphasized that the lack of a comprehensive national policy to regulate plastic
bags have proven to be problematic for cities and municipalities that are trying to reduce or regulate
plastic bag usage within their jurisdiction. "Furthermore. a lack of uniformity in policies also creates a lot
of confusion for citizens, who may find themselves penalized for a lack of awareness about what is
allowed in one eity and what is not allowed in another?

[1 is of utmost importance to atign policies across the country and to work together with industries in
eliminating plastic potlution. There is a need for an all-encompassing nationwide policy against the
industries’ use of various singie-use plastic products that harm the environment. Through, the Nationwide
Single-Use Plastic Ban Act, tie government shall be able to save the environment and to regulate
industries’ use of plastics in their operations.By implementing a national policy against the use of
single-use plastics, the state shall ensure the protection of its environment, prioritize the safety of its
citizens. and promote sustainable development across all sectors,

In view of the foregoing, the immediate passage of this measure is earnestly sought

NADETTE HERRERA-DY

“Global Alliance for incinerator ANernatves (n.d), Plastic 8ag Bans in the Philipines. Retrieved trom:



Republic of the Philippines
HOUSE OF THE REPRESENTATIVES,
Constitution Hills, Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL. nol 038

Introduced by Rep. Bernadette Herrera-Dy

AN ACT BANNING THE USE OF SINGLE-USE PLASTICS NATIONWIDE TO
ELIMINATE PLASTIC POLLUTION IN THE PHILIPPINES

Section 1, Short Title, This Act shall be known as the "Nationwide Single-Use Plastic Ban Act.”

Section 2, Declaration of Policy. It is the duty of the state to ensure that its people have a safe
place to live in, The protection of the environment must be given the utmost priority in policy
and

practice. Plastic pollution has been @ major driver in the destruction of our oceans and the
uncleanliness of surroundings. This problem also extends in our food sources as these are
affected by our plastic waste. Single-use plastics in the country serve to be detrimental and have
far-reaching consequences. It is the state's responsibility to propose and to implement possible
solutions to solve this probtem.

To this end the state shall adopt a nationwide ban of single-use plastics and promote 23
alternative methods towards sustainable development.

Section 3. Definition of Terms. For the purpose of this Act, the following terms will mean:
4) Single-use plastic - also referred to as disposable plastics, are commonly used for
plastic packaging and include items intended to be used only once before they are

thrown away or recycled. These include, among other items, grocery bags, food
packaging. bottles, straws, containers, cups, and cutlery.

b) Plastic waste - plastic debris that can vary in size from large containers, fishing nets to
microscopic plastic pellets or even particles that are discarded and pollute lands, rivers

coasts, beaches, and oceans.

) Plastic pollution - accumulation in the environment of synthetic plastic products to the
point where they create problems for wildlife and their habitats as well as for human

populations. These are waste that is poorly recycled, dumped in landfills or abandoned in nature.
This waste is carried by the winds, pushed by the rains into sewers, streams, rivers, and finally
in the oceans,

4) Plastic recycling - refers to the process of recovering waste or scrap plastic and reprocessing it
into a useful product.

e) Eco-friendly - not environmentally harmful; ecologically beneficial. Products/alternatives

that aim to lessen carbon footprints

Section 4. Nationwide ban of Single-Use Plastics and Transition Program. A nationwide
ban of all single-use plastics shall be implemented within one (1) year upon the effectivity of this


Act. Allschools, supermarkets, shops, hotels.establishments, government offices, and industries
shall implement this ban in all processes of production, distribution, consumption, and other
activities that may include the use of single-use plastics. A transition program shall also be
undertaken to help all concemed individuals and industries in implementing the ban. The
program shall include but are not limited to the following objectives:

4) Ban all single-used plastics nationwide within the given time period. Failure to comply shall
bbe penalized as prescribed under Section 10 of this Act.

) Prohibit production of single-use plastics within the given time period.Failure to comply shall
be penalized as prescribed under Section 10 of this Act.

¢) Research and develop sustainable and cheap alternative methods, packaging, and processing
of products using single-use plastis.

) Explore and recommend good practices that can be adapted across all sectors.

€) Replace all single-use plastics to eco-friendly and sustainable alternatives.

£) Restrict importation of single-use plastics. Failure to comply shall be penalized as prescribed
under Section 10 of this Act.

2) Monitor and regulate plastic recycling of existing single-use plastics and develop the
recycling sector

h) Raise awareness of the single-use plastic ban in schools, households, and workplace and
promote different sustainable practices through different media. The program shall be developed
and monitored by a multi-stakeholder committee under Section of this Act.

Section 5.Multi-stakeholder Committee for the Nationwide Single-Use Plastic Ban and
Transition Program. To ensure the effective implementation of the program, the Department of
Science and Technology (DOST), the Department of Trade and Industry (DTI), the Department
of Environment and Natural Resources (DENR), the Department of Education (DepEd), the
Commission on Higher Education (CHED), the National Economic Development Authority
(NEDA). Bureau of Customs (BOC), the Department of Finance (DOF), the Department of
Information and Communications Technology (DICT), the Securities and Exchange Commission
(SEC), local government units, academe representatives across the region, industry
representatives (hospitality, tourism, manufacturing, enterprise, etc.), representatives from non-
government organizations, and representatives from civil society shall develop and formulate
accurate guidelines and appropriate mechanisms for the transition program and the nationwide
20 ban of single-use plastics. The Committee shall also manage other concerns that may arise 21
from this Act.

Section 6. Incentives for CompliantEstablishments and Industries. Companies,
Establishments, Schools, Industries, and other entities that have complied with the ban and
program within the given time period shall be subject to incentives and tax rebates under
reasonable conditions. This shall be determined by the Committee under Section 5 of this Act.

Section 7. Support for Sustainable Business Initiatives, Research and Development, and
Promotion of the Recycling Sector.Tax incentives shall be provided to companies willing to
invest in plastic recycling equipment or in the manufacturing of eco-friendly alternatives,
Academe and other similar firms shall also be given support and/or grants for research and
development of eco-friendly and sustainable alternatives to single-use plastics. Businesses in the
recycling sector shall be given access to financial, infrastructural, technical, and knowledge
These measures shall be determined by the Committee under

support from the governmer
ion 5 of this Act.

Section 8. Declaration of Plastic Products and Regulation for New Businesses. Existing
single-use plastics of companies and industries under this Act shall be declared and shall be
recycled accordingly. The production of new single-use plastics outside the declared data after
the given time period shall be penalized under Section 10 of this Act. New businesses that will
be registered under relevant agencies upon the effectivity of this Act shall already adopt a no
single-use plastic policy. Other standards and regulations shall be determined by Committee
under Section 10 of this Act.

Sector 9. Continuing Multi-stakeholder Consultations on Good Practices. The Committee,
together with other industry representatives shall hold annual meetings, consultations, and


knowledge-sharing for a period of five (5) years upon the effectivity of this Act. This shall be an
avenue to discuss the impact of the ban, explore new initiatives, and facilitate the adaptation of
‘effective mechanisms in different industries.

Section10. Penal Provisions. The following are the imposed penalties of those in violation of the

Act herewith:

|. Establishments using single-use plastics after the given time period and outside
its declared data: A fine of fifty thousand pesos (PS0,000) for the first offense. A fine of
‘one hundred thousand pesos(100,000)and the suspension of their business permits
and registrations under relevant agencies for a period of six (6) months for the second
offense. A fine of two hundred thousand pesos(P200,000) and the suspension of their business
permits and registrations under relevant agencies for a period of one (1) year for the third
offense.

2. Companies’ production of single-use plastics afier the given time period: A fine of
‘one hundred thousand pesos (P 100,000) for the first offense. A fine of two hundred fifty
thousand pesos (P250,000) and the suspension of their business permits and
registrations under relevant agencies for a period of one and a half (1.5) years for the second
offense. A fine of three hundred fifty thousand pesos (P350,000) and the cancellation of their
business permits and registrations under relevant agencies. Importation of single-use plastics by
companies: A fine of two hundred thousand (P200,000) and the suspension of their business
permits and registrations under relevant agencies for a period of two (2) years for the first
offense. After the suspension is lified, the company shall be black-listed by the Bureau of
Customs trom trading for a period of six (6) months. A fine of four hundred thousand (400,000)
and the cancellation of their business permits and registrations under relevant agencies for the
second offense.

Section 11.Fund Sources. The amounts necessary to implement this Act shall be included in the
annual General Appropriations Act.

Section 12.1mplementing Rules and Regulations. Within sixty (60) days from the effectivity of
this Act, the Committee, in consultation with appropriate government agencies and other
stakeholders, shall promulgate the necessary rules and regulations to implement this Act

Section 13, Separability Clause. If for any reason or reasons, any part of the provision of this Act
shall be held to be unconstitutional or invalid, other parts or provisions hereof which are not
atfeeted thereby shall continue to be in full force and effect.

Section 14. Repealing Clause. All laws, decrees, orders, rules, and regulations, or parts thereof,
inconsistent with the provisions of this Act are hereby repealed, amended, or modified
accordingly,

Section 15. Effectivity Clause. This Act shall take effect after fifteen (15) days following its
publication in the Official Gazette and at least two (2) newspapers of general circulation,

Approved,