EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
)
)
SENATE
S. No. 811
^ /i£ > H itr  o! tlif ‘© i-^rftarj*
•19 
Jlil 29 P5 '36
---------------------------------------------------------------------------------
INTRODUCED BY SENATOR RISA HONTIVEROS
AN ACT
PROHIBITING 
THE 
USE 
OF 
PLASTIC 
STRAWS 
AND 
STIRRERS 
IN 
RESTAURANTS AND OTHER ESTABLISHMENTS, AND PROVIDING PENALTIES 
FOR VIOLATIONS THEREOF
EXPLANATORY NOTE
Since the 1950s, world production of plastic has outrun that of almost any other 
manufactured material. Much of the plastic we produce are intended to be of single­
use, and its staggering number has overwhelmed our ability to cope with its disposal 
that they end up in landfills, oceans and in our general environment. Almost all plastics 
are not biodegradable and are instead broken down into smaller particles called 
microplastics that take tens, and many times, hundreds of years to decompose.
In a recent waste audit, the Philippines was found to be the third biggest 
contributor of plastic wastes in the world's oceans, ranking only behind China and 
Indonesia. Much of the plastic we consume find their way into the ocean. This trash is 
of a magnitude that it has created six garbage patches in our oceans, with the Great 
Pacific Garbage Patch as the largest. It contains at least 79,000 tons of plastic debris 
that spans 1.6 million square kilometers, twice the size of France, Among the most 
common plastic products that are found in our oceans are beverage straws and stirrers.
While Section 15 of R.A. 9003 also known as the Ecological Solid Waste 
Management Act, in its framework mandates U Recycling programs for the (sic) 
recyclable materials, such as but not limited to glass, paper, plastic and metal", there 
has to be a more determined approach in addressing the enormity of our plastic 
problem. Plastic straws and stirrers may appear small in size and deemed the least 
among plastic products that contribute to this plastic crisis, they may however be 
considered unnecessary items in our everyday lives. To those who are not willing to give


up the use of straws and stirrers, reusable alternatives are already available in the 
market. As this bill encourages the use of reusable straws and stirrers, it not only seeks 
to complement R.A. 9003 by way of eliminating certain plastic goods thereby facilitating 
waste reduction, but also envisions a mind-shift among the public in their ways of 
consumption that puts important regard for the environment.
The passage of this bill is earnestly sought.
r isTTh o n t iv e r o s  U
Senator


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
SENATE 
S. No.
o( il)f » ( “.Trtarp
*19 
IP. 29 P5 :36
RECc.
INTRODUCED BY SENATOR RISA HONTIVEROS
4
^
AN ACT
PROHIBITING 
THE 
USE 
OF 
PLASTIC 
STRAWS 
AND 
STIRRERS 
IN 
RESTAURANTS 
AND 
OTHER 
ESTABLISHMENTS, 
AND 
PROVIDING 
PENALTIES FOR VIOLATIONS THEREOF
Be it enacted by the Senate and House o f Representatives o f the Philippines in 
Congress assembled:
1 
Section 1. Short Title. — This Act shall be known as the "Plastic Straw and
2 
Stirrer Ban of 2019".
3 
Sec. 2. Declaration o f Policy. — Section 16 of the Philippine Constitution states
4 
that, "The State shall protect and advance the right of the people to a balanced and
5 
healthful ecology in accord with the rhythm and harmony of nature".
6 
Sec. 3. Definitions o f Terms- As used in this Act:
7 
a) Beverage straw refers to a tube used for transferring beverage from
8 
its container to the mouth of a consumer.
9 
b) Beverage stirrer is an object used for stirring beverage.
10 
c) Biodegradable means the ability of a material to breakdown within
11 
one year through the action of naturally occurring microorganisms
12 
such as bacteria, fungi, and algae, into natural materials in the
13 
natural environment without causing harm.
14 
d) Disability means a physical, intellectual or sensory impairment that
15 
substantially limits one or more major life activities.
16 
e) Food service establishments refer to any place where food and
17 
beverage is provided directly or indirectly to the consumer, whether
18 
food and beverage are consumed on or off the premises. This
19 
includes, but not limited to, restaurants, catering services, school and
20 
office cafeterias, carinderia, bakeries, coffee shops, food stalls, food
21 
trucks, bars, and hotels.


1 
f) other service establishments and providers that serve beverages refer
2 
to sari-sari stores, and other enterprises that serve beverages such as
3 
sidewalk stalls.
4 
g) Medical condition means any iliness, disease, disorder or injury that
5 
requires medical treatment.
6 
h) Plastic refers to a synthetic material made from organic polymers,
7 
including, but not limited to, polypropylene and polystyrene, that can
8 
be molded into shape while soft, and then set into a rigid or slightly
9 
elastic form.
10 
i) Single-use means a product that is designed and intended to be used
11 
only once for drinking and stirring, and is generally recognized by the
12 
public as an item that is to be discarded after one use.
13 
Sec. 4. Prohibition. — No food service establishment or other service
14 
establishments that serve beverages shall offer to consumers any single-use
15 
beverage straw and stirrer made of plastic or any other non-biodegradable material.
16 
Sec. 5. Exemption. — Food service establishments may provide suitable
17 
beverage straws, including those prohibited by this Act, to a person that requires a
18 
straw due to a disability or medical condition as defined therein.
19 
Sec. 6. Food service establishments and other service providers occupying
20 
fixed spaces, such as sari-sari stores are directed to prominently display signs
21 
informing the customers of its "no plastic straw and stirrer" policy.
22 
Sec. 7. Penaities. — Food establishments caught providing plastic straws and
23 
stirrers shall be penalized as follows:
24 
First offense: 
A fine of fifty thousand pesos (P 50,000.00)
25 
Second offense: 
A fine of eighty thousand pesos (P 80,000.00)
26 
Third offense: 
A fine of one hundred fifty thousand pesos (P150,000) and the
27 
suspension of their Business Permit for a period of one (1) year.
28 
The penalties herein provided shall be imposed:
29 
a) upon the owner, manager, administrator, or proprietor, for individual
30 
proprietorships;
31 
b) upon all partners for general partnerships and the general partner/s
32 
for limited partnerships;
33 
c) upon 
the 
Branch 
Manager 
of 
a 
particular 
offending 
food
34 
establishment


1 
d) solidarily upon the President, Vice President, corporate officers as
2 
well as the Chief Operating Officer for incorporated businesses, and
3 
e) upon all such persons, not falling within any of the descriptions/titles
4 
abovementioned, being in-charge of the particular offending food
5 
establishments and failing to show prohibition herein defined. This is
6 
without prejudice to the right of the person paying the appropriate
7 
fine to seek reimbursement of the amount paid from the owner of the
8 
enterprise or establishment.
9 
Sec. 8 The Local Government, through their local Solid Waste Management
10 
Board and local Environment and Natural Resources Officer is hereby deputized to
11 
implement the provisions of this Act in food establishments and other service
12 
providers in their respective jurisdictions.
13 
Sec. 9. All fines collected as a result of the implementation of this Act shall
14 
automatically be allocated to the ocean and other water system-rehabilitation
15 
programs of the Department of Environment and Natural Resources.
16 
Sec. 10. The Department of Environment and Natural Resources is hereby
17 
tasked to promote the use of straws and stirrers made of metal, bamboo, or any
18 
other reusable material.
19 
Sec. 11. Implementing Rules and Regulations. — The Department of
20 
Environment and Natural Resources, in consultation with the Department of the
21 
Interior and Local Government (DILG), and the Department of Trade and Industry,
22 
after consultations with consumer groups, plastic producers and other affected
23 
groups shall promulgate the Implementing Rules and Regulations (IRR) of this Act
24 
within six (6) months from its approval.
25 
Sec. 12. Separability Clause. — If any section or provision of this Act is held
26 
unconstitutional or invalid, the other sections or provisions shall not be affected.
27 
Sec. 13. Repealing Clause. — All laws, presidential decrees, executive orders
28 
and rules and regulations or parts thereof inconsistent with the provisions of this Act
29 
are hereby repealed or modified accordingly.
30 
Sec. 3. 
Effectivity. -  This Act shall take effect fifteen (15) days after its
31 
publication in the Official Gazette or in a newspaper of general circulation.
Approved,