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Republic of the Philippines

House of Representatives
Quezon City, Metro Manila

Nineteenth Congress
First Regular Session

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HOUSE BILL NO.

Introduced by Representative Lord Allan Jay Q. Velasco

EXPLANATORY NOTE

This proposed measure seeks to impose a ban on the production, importation, sale,
provision and use of single-use plastics in order to curb the growing problem of plastic
pollution in the country

Under Article II, Section 16 of the 1987 Philippine Constitution, “[t]he State shall protect
and advance the right of the people to a balanced and healthful ecology in accord with
the rhythm and harmony of nature.” Pursuant to this constitutional right, one of the
declared policies under Republic Act No. 9003 or the “Ecological Solid Waste
Management Act of 2000” is that the State shall adopt a systematic, comprehensive, and
ecological solid waste management program which will “[ultilize environmentally-
sound methods that maximize the utilization of valuable resources and encourage
resource conservation and recovery.”

Today, one of the critical environmental issues hounding the world is the plastic waste
problem. It coincides with the evolving spotlight on the fight against climate change,
which is changing the landscape in many countries because of the never-before-seen
weather disturbances and conditions that trigger unprecedented disasters and
migrations across borders.

According to the nonprofit research organization Our World in Data, the Asia-Pacific
region accounts for 60% of improperly disposed plastic wastes, or mismanaged wastes.
This type of waste has a high possibility of entering the ocean through rivers or other
waterways. Ina report of the Ellen MacArthur Foundation in partnership with the World
Economic Forum, it was predicted that, by 2050, the plastics in the ocean could weigh
more than fish. This is aggravated by the fact that single-use plastics are often used for a
matter of minutes, sometimes seconds, and yet they could take hundreds of years to
decompose.

1 Jun Suzuki and Marimi Kishimoto, Southeast Asia starts to dump single-use plastics, 01 July 2019 at
https:// asia nikkei.com/Spotlight/Environment/Southeast-Asia-starts-to-dump-single-use-
Plastics (last accessed 08 July 2019).

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The Philippines is one of the world’s top five countries that contribute to plastic wastes
leaking out to the oceans and seas, which aggravate marine pollution? The information
and statistics available is clear on the responsibility that falls on the shoulder of the
Filipino nation and the government. If we want to see our seven-year old Juans and
Juanas to enjoy a future setting where the environment remains resilient and abundant;
a setting where the country is free from all forms of pollution; a setting that allows our
youth to grow and reach their fullest potential, we need to act now.

When we pass by the streets and highways in our daily commute and travel to schools,
offices, groceries and other establishments, we see people living by the scraps of wastes
and remains from the tables of our households, restaurants, and other food
establishments. We meet a certain Pedro or a certain Mona, who have to fend off poverty
and worsening living conditions, by carrying plastic bags that are full of plastic bottles,
trash, and other materials that can be sold for a small amount of fee.

These are the realities that we face as a country. These are the problems that we need to
address, not later, not tomorrow, but starting TODAY! Any parent in the world today
would not want to see their children grow in a world, which is filled with pollution and
having an environment that can no longer produce that fresh breeze of air long enjoyed
by the present and past generations. Phasing out single-use plastic products is the key, as
we endure a long battle against climate change and its variants.

In view of the foregoing, the urgent passage of this measure is sought.

LO} LANIJAY Q. VELASCO

2 Aya Tantiangco/LA, PHL 1 of 5 countries that produce half of world’s plastic waste - UN report, 05
June 2018 at https://www.gmanetwork.com/news/lifestyle/healthandwellness/655744/ phl-1-
of-5-countries-that-produce-half-of-world-s-plastic-waste-un-report/story (last accessed 17 July
2019)

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Republic of the Philippines

House of Representatives
Quezon City, Metro Manila

Nineteenth Congress
First Regular Session

HOUSE BILL NO. 26

Introduced by Representative Lord Allan Jay Q. Velasco

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 the 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) 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;

(b) 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;

(0) 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;


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(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;

(8) 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;

(g) 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 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;

(i) 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

(i) 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, and chopsticks;

(d) Food and beverage containers made of expanded polystyrene;

(e) Oxo-degradable plastics;

(6) 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;
(b) Stirrers;

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

(a) Buntings;

(e) Confetti; and

(8) 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


Property 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, 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.

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.
measures, to 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 or
acquiring the appropriate technology and sustainable materials for the production of
reusable or compostable alternatives to single-use plastic products, which shalll also be
highly recoverable and highly recyclable;

(a) Awareness-Raising Measures. - As part of the Information and Education
Campaign (IEC) under Section 11 of this Act, the DENR shall, together with the

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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.

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 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, 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;

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

(d) Establishment of recycling, composting, thermal treatment, and other wastes.
ycling, composting,
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 useful products, whenever possible, at least fifty percent (50%)
of their single-use plastic product footprint, three (3) years after the effectivity of this Act:

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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.

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 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 their circular economy;

(b) Charge their customers a minimum fee of Five pesos (P5.00) 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;

(6) Charge take-out food 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 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 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 shalll 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


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() Inspection of the recovery, recycling, treatment, and disposal facilities, to
determine if residual 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.

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 DENR, in coordination with the
LGUs, the DILG, the DTI, the DepEd, the Commission on Higher Education (CHED), the
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 fo 2000.”

SEC. 13. Linkage Mechanisms. - The DENR and the NSWMG, 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. 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 of this Act.

The NSWMWC 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.

SEC. 15. 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.


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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. 16. 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 (P250,000.00) but not
exceeding Five hundred thousand pesos (P500,000.00) for the first offense;

(2) 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

(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 Smaller Businesses:

(1) A fine of not less than Fifty thousand pesos (P50,000.00) but not exceeding One
hundred thousand pesos (P100,000.00) 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

SEC. 17. 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.


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SEC. 18, 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. 19. 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. 20. 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. 21. 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. 22. 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. 23. 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. 24, 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,