EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez

2811

House Bill No.
EXPLANATORY NOTE

This bill was originally introduced as House Bill No. during the 15" Congress where it
was approved by the Committee on Ecology and substituted by House Bill No. 4840. It was
subsequently approved by the House of Representatives and transmitted to the Senate
where it was not acted upon. It was re-filed during the 16" Congress. It was again re-flied
during the 17" Congress.

Section 16, Article I of the 1987 Philippine Constitution states that,
“The 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.”

In line with this, the State must ensure that contaminants to the environment have to
be prevented from being introduced into the ecosystem. One such contaminant is plastic,
plastic bags to be more precise. Numerous articles show that some of the harmful effects of
plastic bags to the environment are:

A. Plastic bags litter the landscape. Once they are used, most plastic bags go into

landfill, or rubbish tips. Each year more and more plastic bags are ending up littering

the environment. Once they become litter, plastic bags find their way into our
waterways, parks, beaches, and streets. And, if they are burned, they infuse the air
with toxic fumes.

8. Plastic bags kill animals. About 100,000 animals such as dolphins, turtles,

whales and penguins are killed every year due to plastic bags. Many animals ingest

plastic bags, mistaking them for food, and therefore die. And worse, the ingested
plastic bag remains intact even after the death and decomposition of the anim:

Thus, it lies around in the landscape where another victim may ingest i

C, Plastic bags are non-biodegradable. And one of the worst environmental effects

of plastic bags is that they are non-biodegradable. The decomposition of plastic bags

takes about 1000 years.

D. Petroleum is required to produce plastic bags. As it is, petroleum products are

diminishing and getting more expensive by the day, since we have been using this

non-renewable resource increasingly. There are better uses for petroleum than using
it to produce plastic products.

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

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EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES,

Introduced by Representative Rufus B. Rodriguez
aL trig

House Bill No,_ 2811

AN ACT
REGULATING THE PRODUCTION, IMPORTATION, SALE, PROVISION, USE,
RECOVERY, COLLECTION, RECYCLING AND DISPOSAL OF PLASTIC BAGS

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 “Plastic Bag Regulation

Act’.

SEC.2. Definition of Terms. — For the purpose of this Act:

(a) Biodegradable plastic bag refers to a plastic bag that degrades into fine wettable
fragments through oxidation processes and thereafter attain molecular structure suited for
biodegradation that results from the action of naturally occurring microorganisms such as
bacteria, fungi and algae. Such plastic bags shall, within twenty-four (24) months after its
Use, have a sixtypercent (60%) biodegradation where organic carbon is converted to carbon
dioxide without leaving significant harmful residues

(b) Commercial establishment refers to an establishment or cluster of establishments
engaged in commerce or sales of goods or services including, but not limited to, market
‘stores, shopping mall outlets, supermarkets, department stores, groceries, convenience
stores, food chains, restaurants, cafes, bars, sari-sari stores and the like.

(c) Department refers to the Department of Environment and Natural Resources
(DENR).

(d) Operator refers to a person or group of persons in control of, or having daily
responsibility for, the daily operation of a store which may include, but not limited to, the
owner of the store.

(€) Plastic bag refers to a polymer bag designed to be provided or utilized at the point
of sale for carrying and transporting goods

(f) Reusable bag refers to a washable canvass bag, a bayong or any shopping bag
used for carrying and transporting goods, which bags are made of organic or nonorganic
materials and can be used several times.

SEC. 3. Biodegradable Plastic Bags. - Six (6) months after the effectivity of this Act,
commercial establishments shall provide biodegradable plastic bags to their consumers:
Provided, That they shall promote and make available for sale locally-made bayong, bull
and other reusable bags that are made of abaca, water lly and other organic or compostable
materials: Provided, further, That establishments may still provide other plastic bags as
‘sanctioned under Section 5 of this Act.

For this purpose, the Department of Trade and Industry (DT!), in coordination with the
Department, leagues of local government units (LGUs), National Solid Waste Management
Commission (NSWMC), and other government and private agencies and organizations
concerned shall, within six(6) months from the effectivity of this Act, promulgate the
appropriate Philippine National Standard (PNS) for biodegradable plastic bags: Provided,
That the DTI shall consider in the PNS the recyclal of biodegradable plastic bags.



SEC.4. In-Store Recovery Program. - Within sixty (60) days after the effectivity of
this Act, the operator or cluster of operators of commercial establishments that provide
plastic bags to consumers as part of a purchase at retail, shall establish an in-store recovery
program that will give their customers an opportunity to return their used plastic bags to the
commercial establishments from which the plastic bags originated.

An in-store recovery program provided by the operator of said commercial
establishment shall include the following:

(a) A plastic bag shall have printed or displayed on it in a manner visible to the
consumer, a logo and/or words showing that it is a biodegradable plastic bag:

(b) A plastic bag printed with the name or logo of the establishment shall have printed
or displayed on it the words “PLEASE RETURN TO ANY STORE FOR RECYCLING’, in
addition to the requirement of the immediately preceding paragraph;

(c) A plastic bag recovery bin shall be placed at each store or cluster of stores and
‘shall be visible, easily accessible to the costumer, and clearly marked that the recovery bin
is available for the purpose of collecting, recycling and disposal of plastic bags;

(d) All plastic bags recovered by the store shall be collected, transported, and,
whenever practicable, recycled and disposed by the LGUs pursuant to Section 8 of this Act.

(e) The commercial establishment shall maintain records describing the recovery,
collection, transport, and whenever applicable, recycling and disposal of plastic bags
collected for a minimum of three (3) years, and every year thereafter. It shall make the
records available to the Department and/or LGU, upon request, to demonstrate compliance
with this Act. The LGU concemed shall likewise maintain records it has recovered, collected
and transported for recycling or disposal, and shall make the records available to the
Department;

(f) The commercial establishment shall require their customers to surrender an
equivalent or practically equivalent plastic bag for the provision of a new plastic bag.
Otherwise, the customer or consumer will be charged a fixed fee of P1.00 per plastic bag,
which fee shall be reflected in their receipts; and

(g) The commercial establishment shall make local reusable bags available to
consumers within the establishment, which shall be purchased in lieu of surrendering an old
plastic bag or purchasing a new plastic bag.

SEC.5. — Phaseout of Nonbiodegradable Plastic Bags. — Notwithstanding the provision
of Section 4 of this Act, nonbiodegradable plastic bags shall be gradually phased out within a
period of three (3) years from the effectivity of this Act. Thereafter, production, importation,
sale, distribution, provision or use of said bags shall be prohibited.

SEC.6. — Lead Agency. — The Department, unless otherwise provided herein, shall be
the primary government agency responsible for the implementation and enforcement of this
Act.

SEC.7. Linkage Mechanism. - The Department, in coordination with the DTI and the
NSWMC, shall consult, and enter into an agreement with other government agencies or
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.8. Role of Local Government Units (LGUs). — The LGUs shalll have the primary
responsibility in the effort to decrease the percentage of plastic bag waste produced within
their respective territorial jurisdictions.

For this purpose, they shall be primarily responsible for the collection, transportation,
recycling and disposal of plastic bags recovered pursuant to this Act. The LGUs may enjoin
the participation of other concerned government agencies, private entities and industries.



The Department of Science and Technology (DOST), in coordination with the National
Ecology Center, shall provide the LGUs with technical assistance, trainings and continuing
capability-building programs to attain the objectives of this Act.

SEC.9. Fines and Penalties. - Violations of Sections 3, 4 and 5 of this Act shall be
penalized in the following manner:

(a) A fine of not exceeding One hundred thousand pesos (P100,000.00) for the first
offense;
(b) A fine of not exceeding Two hundred fifty thousand pesos (P250,000.00) for the
second offense;

(c) A fine of not exceeding Five hundred thousand pesos (P500,000.00) for the third
offense; and

(d) A fine of not exceeding Seven hundred fifty thousand pesos (P750,000.00) and
automatic revocation of its business permit for the fourth offense.

Fines shall be imposed based on the capitalization of commercial establishments. For
this purpose, the Department shall establish such classification of commercial
establishments.

For purposes of the imposition of appropriate fines hereof, the Department shall
establish classification of commercial establishments based on their capitalization.

Any fine collected pursuant to this section shall be retained by the barangay unit where
the store is located in order to augment its waste management capability.

SEC.10. Administrative Action. — Without prejudice to the right of any person to file an
administrative action, the Department 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:

(a) Standards and limitations provided by this Act; or

(b) Such order, rule or regulation issued by the DTI with respect to such standard or
limitation.

SEC.11. Independence of Action. - The filing of an administrative suit against such
Person or entity does not preclude the right of any other person to file any criminal or civil
action.

SEC.12. Enforcement. — The enforcement of the penal provision of this Act shall be
made through the Department, in coordination with the Office of the Mayor of the LGU
concerned.

SEC.13. Joint Congressional Oversight Committee. — The Joint Congressional
Oversight Committee created under Section 60 of Republic Act No. 9003, otherwise known
as the “Ecological Solid Waste Management Act of 2000", shall likewise monitor the
implementation of this Act and review the implementing rules and regulations promulgated
by the Department.

SEC. 14. Implementing Rules and Regulations. — The Department, in coordination with
the DTI, the NSWMC and other relevant government agencies and organizations shall,
within six (6) months from the effectivity of this Act, promulgate the implementing rules and
regulations (IRR) governing this Act.

SEC.15. Appropriations. — The amount necessary to carry out the provisions of this
Act shall be charged against the current year's appropriations of the concerned agencies.
Thereafter, such sums as may be necessary for the operation and maintenance of this Act
shall be included in the General Appropriations Act.


SEC.16.  Separability Clause. — If, for any reason, any provision of this Act or part
thercof 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.17. 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.18.  Effectivity Clause. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in two (2) newspapers of general circulation

Approved,