j, l' Ii lit:!' 
SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
<€Iff,;, uf til' ,:i>rffd",. 
-,'!I' 
'13 
JUL -3 P 6 :36 
___________ 
S_'B_~E_NN_~_,T~4_1_9 _____ 
n_i_('_,"_'" __ IH_'f \ 
Introduced by SENATOR FERDINAND R. MARCOS"JR. " ' 
EXP~NMO"NmE 
( 
"Waste audits conducted in November 2010 by the EcoWaste 
Coalition, the Global Alliance for Incinerator Alternatives (GAIA), 
Greenpeace, Mother Earth Foundation and other environment advocacy 
groups revealed that 75.55% of the total volume of trash in Manila Bay was 
plastic discards. mostly plastic bags. and polystyrene (styrofoam) 
products." (BusinessWorld Weekender. "To plastic or not to plastic, that is 
the question ..... ", March 2. 2012). 
This gives us a glimpse of the dismal ecological state of our country. 
Our environment is helplessly begging to be rescued from the snares of 
imminent destruction. 
This bill seeks to address this serious ecological malady. It proposes 
to regulate the use of plastic materials in order to minimize land-based 
sources of pollution. and increase efforts to protect water quality. 
This legislative proposal advocates reusable. biodegradable bags. 
made of a washable material that does not contain lead or any other 
heavy metal in a toxic amount. and designed and manufactured for at 
least 100 uses. which shall be available for customers. 
Through this bill. consumers are encouraged to reduce. and 
eventually eliminate. the use of plastic bags. thereby saving the fragile life 
of our environment. 
In view of the foregoing. approval of this bill is earnestly requested. 
FERDINAN 
R. MARCOS, JR. 


" 
------------------------------------------------------------------------,
SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
$,B, NO, 419 
j,rttl1t.¥' 
<Off,;, "f t~.,;jj""·.i"~ 
'13 
JUL -3 P6 ::16 
Introduced by SENATOR FERDINAND R. MARCOS, JR. 
, 
AN ACT REGULATING THE USE OF PLASTIC BAGS, 
AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the 
Philippines in Congress assembled: 
SECTION 1. State Policy - The State shall advance the right of the 
people to a balanced and healthful ecology, Towards this end, it is 
necessary to reduce the environmental, public health, economic, and 
societal costs resulting from the production, use, and discard of single-use 
plastic carryout bags thereby minimizing land-based sources of pollution, 
and increasing efforts to protect water quality. 
SECTION 2. 
Definitions -
For purposes of this Act, the following 
definitions shall apply: 
a) "Department" means the Department of Environment and 
Natural Resources, 
(b) "Recycled paper bag" means a paper carryout bag provided 
by a store to a customer at the point of sale that meets all of the 
following requirements: 
(1) 
Contains a minimum of 40 percent postconsumer 
recycled content; 
(2) Accepted for recycling in curbside programs in a majority 
of households that ,have access to curbside recycling 
programs; 
(3) Capable of composting. 
(4) Printed on the bag the name of the manufacturer, the 
location where the bag was manufactured, and the 
percentage of postconsumer content. 
(c) 
(1) Until a standard is established and enforceable by the 
Department, "reusable, biodegradable bag" means a bag that 
meets both of the following requirements: 
(A) Designed and manufactured for at least 100 uses. 
(B) 
Made of a washable material that does not 
contain lead or any other heavy metal in a toxic 
amount. as determined by the Department. 


(2) 
By January 1, 2014, the Department shall establish 
standards in regulations that define "reusable, biodegradable 
bag," using the standards specified in paragraph (1), and any 
additional 
durability, 
material 
content, 
or 
labeling 
requirements. Labeling requirements shall, at a minimum, 
require reusable, biodegradable bags to be imprinted, in a 
manner sufficient to be identifiable and readable, with both 
of the following: 
(A) The name of the reusable, biodegradable bag 
producer; 
(B) The reusable, biodegradable bag seal or logo, as 
determined by the 
Department, showing compliance 
with the minimum standards. 
(d) "Reusable, Biodegradable bag producer" means either of the 
following: 
(1) 
A person or entity that manufactures a reusable, 
biodegradable bag; 
(2) A person or entity that initially sells or offers for sale or 
distribution a reusable, biodegradable bag. 
(e) 
(1) "Single-use carryout bag" means a bag made of plastic, 
paper, or other material, that is provided by a store to a customer 
at the point of sale and that is not a reusable, biodegradable bag, 
as defined in subdivision (c). 
(2) A single-use carryout bag does not include either of the 
following: 
(A) A bag provided by a pharmacy to a customer 
purchasing prescription medication. 
(B) A nonhandled bag used to protect a purchased 
item 
from 
damaging 
or 
contaminating 
other 
purchased items when placed in a recycled paper 
, 
bag or reusable, biodegradable bag. 
. 
(f) 
"Store" means a retail establishment that meets any of the 
following requirements: 
(1) Supermarkets and grocery stores; 
(2) A retail space over 100 square meters that generates sales 
of retail goods; 
(3) A convenience food store, food mart, sari-sari store or 
other entity engaged in the retail sale of a limited line of 
goods that generally includes milk, bread, soda, and snack 
foods. 


SECTION 3. Carryout Bag Regulation -
a. (1) On and after April 
1, 2014, a store, as defined in 
paragraph 1 or 2 of subdivision (f) of Section 2, shall not 
provide a single-use carryout bag to a customer at the point 
of sale. 
(2) On and after July 1, 2014, a store, as defined in paragraph 
1 or 2 of subdivision (I) of Section 2, sholl only provide 
reusable, biodegradable bags, as defined by subdivision (c) 
of Section 2, that meet the requirements of this chapter and 
standards established by the Department. 
(b) A store shall make reusable, biodegradable bags available for 
purchase by a customer. A store, as defined in paragraph 1 or 2 of 
subdivision (f) of Section 2, may provide reusable, biodeg~adable 
bags to customers at no cost. 
(c) Notwithstanding the requirements of subdivision 0, a store sholl 
make available for sale to a consumer at the point of sale a 
recycled paper bag at a reasonable cost. 
(d) Beginning July 1, 2014, a store as defined in paragraph 3 of 
subdivision (f) of Section 2 shall comply with the provisions of this 
article. 
SECTION 4. Certification-
(0) 
On or after January 1,2015, and on or before January 1 every 
two years thereafter, a 
reusable, biodegradable bag 
producer that sells, 
distributes, 
or makes a 
reusable, 
biodegradable bag available to a store shall submit a 
certification 
to 
the 
Department that each 
reusable, 
biodegradable bag meets the requirements of subdivision (c) 
of Section 2 and associated standards issued by the 
Department. 
(b) 
A reusable, biodegradable bag producer sholl submit a fee 
to the Department with each certification pursuant to Section 
2. 
(c) 
The Department shall provide a system to submit certifications 
online. 
(d) 
The Department sholl publish a list on its Internet Web site that 
includes: 
(1) 
The 
name, 
location, 
and 
appropriate 
contact 
information 
of a 
reusable, 
biodegradable bag 
producer in compliance with this section. 
(2) 
The reusable, biodegradable bog product or products 
in compliance with this section. 


SECTION 5. Certification Fees -
(a) 
The 
fee 
for 
the 
initial 
certification 
by 
a 
reusable, 
biodegradable bag producer, as defined in subdivision (d) of 
Section 2, shall be as determined by the Department. In 
establishing the initial fee, consideration by the Department 
shall include, but not be limited to, if provided by a reusable, 
biodegradable bag producer, the annual sales revenue of a 
participating reusable, biodegradable bag producer, the 
number of its employees, and the number of reusable, 
biodegradable bag products to be submitted for certification 
by the such participating producer. 
(b) 
The 
fee 
for 
biennial 
certification 
thereafter shall 
be 
determined by the Department which shall include inspection 
and re-certification. The Department may adjust the biennial 
certification fee, if the Department determines that additional 
fees are necessary to support implementation of this section, 
Notification of any fee increases shall be provided to certified 
producers and posted on the department's Internet Web site 
60 days in advance of the fee increase. 
(c) 
The fees in this section shall not exceed the amount 
necessary to cover the Department's reasonable costs 
associated with the implementation of this chapter. 
SECTION 6. Inspection-
(a) 
The Department may inspect and audit any entity subject to 
this chapter. 
(b) 
On or after July 1, 2014, the Department may test any 
reus'able, biodegradable bag manufactured by a reusable, 
biodegradable bag producer and provided to a store for 
sale or distribution for compliance with this chapter and 
associated regulations. 
(c) 
The Department may enter into an agreement with other 
government agencies that conduct inspections to provide 
necessary enforcement of this chapter. 
SECTION 7. Violations-
(a) 
Any violation of Section 3 shall be subject to an administrative 
penalty of a fine as assessed by the Department in an 
amoun1 not less than five thousand pesos (P5,000.00) for the 
first violation. Subsequent violations may be increased by up 
to ten thousand pesos (P 10,000.00) per violation, but not to 
exceed one hundred thousand pesos (PlOO,OOO.OO) per 
violation. 


· . 
(b) 
Any violation of Section 4, or any submission of false or 
misleading information to the Department, shall be subject to 
an administrative 
penalty of a fine assessed by the 
department of up to fifty thousand pesos (P50,000.00) per 
violation, not to exceed an annual total of one hundred fifty 
thousand pesos (P150,000.oO). 
(c) 
The Department shall publish a list on its Internet Web site of 
any fines or penalties that have been levied against a violator 
of this section for failure to comply with the requirements of 
this chapter. 
SECTION 8. Reusable, Biodegradable Bag Account-
(a) 
The Department shall deposit all certification fees paid 
pursuant to this article into the Reusable, Biodegradable Bag 
Account, which is hereby created in the Department. The 
moneys deposited in the Reusable, Biodegradable Bag 
Account shall be expended by the Department, upon 
appropriation by the Congress, to assist the Department with 
its costs of implementing this Act. 
(b) 
The Department shall deposit all penalties and fines collected 
pursuant to this article into the Penalty Subaccount, which is 
hereby created in 
the Reusable, 
Biodegradable Bag 
Account, and shall be expended by the Department, upon 
appropriation by the Congress, to assist the Department with 
its costs of implementing this Act. 
SECTION 9. Rules and RegUlations. -
The Department shall adopt 
rules and regulations necessary to implement the provisions of this Act 
within ninety (90) days from the effectivity thereof. 
SECTION 10. Repealing Clause -
All laws, executive orders, 
executive issuances, rules and regulations or part thereof inconsistent or 
contrary to the provisions of this Act, are hereby repealed or amended 
accordingly. 
SECTION 11. Separability Clause -
In case any provision of this Act 
is declared unconstitutional or invalid, the other provisions hereof which 
are not affected thereby shall continue in full force and effect. 
SECTION 12. Effectivity -
This Act shall take effect thirty (30) days 
after its publication in two (2) national newspapers of general circulation. 
Approved.