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

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus
Representative Maximo B. Rot

House BillNo._ 1624

EXPLANATORY NOTE.

This bill was originally introduced as House Bill No. 2109 by the undersigned
Rufus B. Rodriguez 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.

Section 16, Article |! 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 iter, plastic bags find
their way into our waterways, parks, beaches, and streets. And, if they are
burned, they infuse the —_air_—with—toxic_-— fumes.

B. 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 animal. Thus, it lies around in the landscape where
another victim may ingest it

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



‘SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No._ 1624

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:

SECTION1. Short Title. — This Act shall be known as the “Plastic Bag
Regulation Act of 2013”.

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.

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

(a) 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.

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

() 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, buli and other reusable bags that are made of abaca, water lily 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 (DTI), 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
recyclability 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:

(2) A plastic bag shall have printed or displayed on it in a manner visible to the
‘consumer, a logo and/or words showing that itis 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;

(©) 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 concerned 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 DT!
and the NSWMC, shall consult, and enter info 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 shall 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 (P 100,000.00) for the
first offense:

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

(6) 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. _ Separabilty 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. 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.