HOUSE OF REPRI
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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

DA’
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BY:

SEVENTEENTH CONGRESS
First Regular Session

983

REGISTRATION UNIT

House Bill No. BILLS AND INDEX SERVICE

Introduced by Rep. LAWRENCE LEMUEL H. FORTUN

EXPLANATORY NOTE

The use by every retailer and consumer of plastic bags is a fact of life in our daily existence
and millions of piastic bags have been used and continue to be used each year. ‘The unrelenting use
of plastic bags has been a major cause not only of litter, waste and pollution, but also of floods,
especially in urban areas that have injured many and destroyed properties. Plastic bags clog our
canals, drainages and other waterways. The waste and pollution caused by plastic bags have caused
destruction to marine life and disruption of our ecosystem.

A number of local government units have already passed and implemented ordinances
banning the use of plastic bags. Towards this direction, the proposed bill seeks to regulate the
production, use, recycling and disposal of plastic bags in the whole country. It provides for the
transition in the usage of ordinary polymer plastic bags to biodegradable plastic bags in every
commercial establishment, encouragement in the use of reusable bags and the provision of recovery
programs in returning used plastic bags. A version of this measure had had its success in the
legislative mill of the previous congresses short of a passage into a law. It is prayed that in the 17"
Congress, this measure is finally passed and approved into a law.

In view of the foregoing consideration, approval of this bill is gaynestly sought



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 983

Introduced by Rep. LAWRENCE LEMUEL H. FORTUN

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 and attain molecular
structure suited for biodegradation that results from the action of naturally occurring
microorganisms within the parameters established pursuant to this Act: Provided, that the
materials therefor shall not significantly affect food security programs of the government.

(b) Commercial establishment refers to an establishment or cluster of establishments
ited to, market

engaged in commerce or sales of goods or services including, but not li
stores, shopping mall outlets, supermarkets, department stores, groceries, convenience stores,
food chains, restaurants, cafes, bars, sari-sari stores, vendors and the like.

(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.



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(0) Reusable bag refers to a washable fabric bag, a bayong ot 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/or 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.

A biodegradable plastic bag shall have printed or displayed on it in a manner visible
to the consumer, a logo showing that it is a biodegradable plastic bag as well as the
manufacturing date and name of manufacturer and distributor: Provided, That a plastic bag
printed with the name or logo of the establishment shall have printed or displayed on it the
words “RETURN FOR RECYCLING”.

The Department of Trade and Industry (DTI), in coordination with the Department of
Environment and Natural Resources (DENR), 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 effective reusability and
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:

(a)A plastic bag recovery bin shall be placed at each store or cluster of stores and shall
be visible, easily accessible to the customer, and clearly marked that the recovery bin is

available for the purpose of collecting recyclable plastic bags;



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(b) Alll plastic bags recovered by the store shalll be collected, transported, and, whenever
practicable, recycled by the LGUs pursuant to Section 8 of this Act.

(c) 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 DTI 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 DTI;

(4) 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

(e) The commercial establishment or a cluster of establishments shall make local
reusable bags available, whether for sale or free, to consumers within the establishment.

Manufacturers, distributors and exporters of the biodegradable plastic bags shall

participate in this program as part of their extended producers responsibility initiatives.

SEC. 5. Phase Out of Non-biodegradable Plastic Bags. — Notwithstanding the
provision of Section 4 of this Act, non-biodegradable 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 DTI, unless otherwise provided herein, shall be the

primary government agency responsible for the implementation and enforcement of this Act.

SEC. 7. Linkage Mechanism. ~ The DTI, in coordination with the DENR and the
NSWMC, shall consult, and enter into an agreement with other government agencies or
LGUs, or with concemed 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.



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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, and the
deliberate misrepresentation of the vendor, distributor or manufacturer shall be penalized in
the following manner:

(a) A fine of not less Ten thousand pesos (Php10,000.00) but not exceeding One
hundred thousand pesos (Php 100,000.00) for the first offense;

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

(©) 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 third offense; and

(4) A fine of not less than Five hundred thousand pesos (P500,000.00) but not
exceeding Seven hundred fifty thousand pesos (P750,000.00) and automatic revocation of its
business permit for the fourth offense.

For purposes of the imposition of appropriate fines hereof, the DTI 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 DTI 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. L.Jndependence 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.



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

SE!
Oversight Committee created under Section 60 of Republic Act No. 9003, otherwise known

13.Joint Congressional Oversight Committee. — The Joint Congressional

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 DTI.

SEC. 14./mplementing Rules and Regulations. ~ The DTI, in coordination with the
DENR, 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. 15.4ppropriations. — 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
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,