Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila & oetel

ais

NTH CONGRESS wat
1s Regular Session

507

House Bill No.

Introduced by Representatives EDVIC G. YAP, ERIC G. YAP, PAOLO Z.
DUTERTE, JOCELYN P. TULFO, RALPH TULEO, and JEFFREY SORIANO

EXPLANATORY NOTE

Section 16, Article II of the 1987 Constitution guarantees the role of the state in the
protection and promotion of the right of the people to a balanced and healthful

ecology in accord with the rhythm and balance of nature.

Plastics remain among the most pervasive kind of waste that contributes to
environmental degradation in our country. In fact, Philippines is one of the world’s
worst offenders on marine plastic pollution, with 0.28 - 0.75 million tonnes per year
of plastic entering to oceans from coastal areas in Manila Bay. This is equivalent 60
billion plastic sachets a year, majority of which are single-use plastics such as plastic
drinking bottles, bottle caps, food wrappers, plastic grocery bags, plastic lids, straws
and stirrers, other types of plastic bags, and foam take-away containers. As a
consequence, economic growth, combined with enhanced production and

consumption, is leading to higher waste generation in our country.!

This bill seeks develop an integrated and comprehensive policy for plastic waste
management, particularly the regulation of the production, importation, sale,
distribution, provision, use, recovery, collection, recycling, and disposal of single-

used plastics.

In addition to the Constitutional mandate towards a balanced and healthful ecology,

the proposed measure is also geared to be in consonance with the Sustainable


Development Goals (SDG) and the Paris Agreement for climate change adaptation

and mitigation.

Hence, in view ofthe forgoing, the approval of this bill is earnestly sought.

c

EDVICG. YAP PAOLO Z.]DUTERTE

JOCELYN P. TULFO.

JEFFREY SORIANO RALPH TULFO


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

NINETEENTH CONGRESS
I Regular Session

House Bill No. _ 507.

Introduced by Representatives EDVIC G. YAP, ERIC G. YAP, PAOLO Z.
DUTERTE, JOCELYN P. TULFO, RALPH TULFO, and JEFFREY SORIANO.

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) 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;

(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;

(a) 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 recyclubility 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;

(0 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

() 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, and chopsticks;

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

(e) Oxo-degradable plastics;

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

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

(d) Buntings;

(c) 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.

SEC. 4, Phase Out of Other Single-Use Plastic Products. — Two (2) years after
y 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 (DTN, 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 NSWMCG, 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
thin 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 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 the Interior and Local
Government (DILG), formulate an information dissemination plan to inform
consumers of:

(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 (DOE), the DILG, and the D1 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 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: 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 the 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.

If a producer or importer fails 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 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.

. 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 (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;

(©) 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 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

(0) 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 DILL, 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 of 2000".

SEC. 13. Linkage Mechanism. — The DENR and the NSWMC, in coordination
with the DTL 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 furtherance of the objectives
of this Act.

SEC. 14. Shift to Alternatives. — The DUST, in cooperation with the
Department of Agriculture (DA), the DTI, the DENR, and the NSW MC, 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 Republ ct 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 NSW MC 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 NSW MC 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 (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 (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 (300,000.00) 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. 19. Adntinistrative 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 co-
chaired 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. Inplementing 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 any part, section or provision of this Act is
declared invalid or unconstitutional, the other provisions not affected by such
declaration shall remain in full force and effect.

SEC. 25. Repealing Clause. - All laws, decrees, executive orders, rules, and
regulations 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 a newspaper of general circulation,

Approved,