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THE.

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No.9 772

Introduced by HON. JOSEFINA B. TALLADO

(AN ACT BANNING SINGLE-USE PLASTICS NATIONWIDE AND
APPROPRIATING FUNDS THEREFOR

EXPLANATORY NOTE

Department of Environment and Natural Resources Secretary Roy Cimatu during a Stratbase
Group Forum in Taguig City last December 5, 2019 revealed that Philippines is in a Garbage Crisis
brought about by plastic wastes. Currently, Philippines is ranked as the third highest source of ocean
plastic pollution with an estimated 2.7 milion metric tons of plastic waste according to a 2015 report on
plastic pollution by the Ocean Conservancy charity and the McKinsey Centre for Business and

Environment.
This alarming garbage crisis prompts us to expedite the dire need to revisit and enhance our

solid waste management policies particularly our approach to the wanton utilization of single-use plastics
like sachets, sando bags, straws, stirrers, plastic bottles and cups, and the like, that contribute to a lot of

solid waste.

While there are several local legislation or ordinances that already bans single-use plastics, the
‘same needs to be adopted nationwide for it to be totally effective. This bill seeks to do just that.

Section 16 of Article |! of the 1987 Philippine Constitution declared 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.

A bill seeking a nationwide ban on single-use plastic is therefore a step in the right direction to
arrest the garbage crisis in our country, and is, consistent with the constitutional mandate of protecting
and saving our environment for future generations.

In view ofthe foregoing, the passage of this bill is eamestly sought.
HON. JOSEFINA B. TALLADO

Representative
1 District, Camarines Norte


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS:
First Regular Session

House Bill No, 9772

Introduced by HON. JOSEFINA B. TALLADO

(AN ACT BANNING SINGLE-USE PLASTICS NATIONWIDE AND
APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:
‘SECTION 1. Short Title — This act shall be known as the Nationwide Single-Use Plastic Ban Act.”

SECTION 2. Declaration of Policy — It is the duty of the State to ensure that its people have a
safe place to live in. The protection of the environment must be given the utmost priority in policy and
practice. Plastic pollution has been a major driver in the destruction of our oceans and the uncleanliness
of surroundings. This problem also extends in our food sources as these are affected by our plastic waste.
‘Single-use plastics in the country serve to be detrimental and have far-reaching consequences. It is the
State's responsibility to propose and to implement possible solutions to solve this problem.

To this end, the State shall adopt a nationwide ban of single-use plastics and promote alternative
methods towards sustainable development.

‘SECTION 3. Nationwide Ban of Single-Use Plastics and Transition Program — A nationwide ban
of all single-use plastics shall be implemented within one (1) year upon the effectivity of this Act. All
schools, supermarkets, shops, hotels, establishments, goverment offices, and industries shall
implement this ban in all processes of production, distribution, consumption, and other activities that may
include the use of single-use plastics. A transition program shall also be undertaken to help all concemed
individuals and industries in implementing the ban. The program shall include but are not limited to the
following objectives:

a. Ban all single-use plastics nationwide within the given time period, Failure to comply shall
be penalized as prescribed under Section 9 of the Act.

b. Prohibit production of single-use plastics within the given time period. Failure to comply shall
be penalized as prescribed under Section 9 of this Act.


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c. Research and develop sustainable and cheap alternative methods, packaging, and
processing of products using single-use plastics.

d. Explore and recommend good practices that can be adapted across all sectors.
e. Replace all single-use plastics to eco-friendly and sustainable alternatives.

f. Restrict importation of single-use plastics. Failure to comply shall be penalized as prescribed
under Section 9 of this Act.

g. Monitor and regulate plastic recycling of existing single-use plastics and develop the
recycling sector.

h. Raise awareness of the single-use plastic ban in schools, households, and workplaces and
promote different sustainable practices through different media.

The program shall be developed and monitored by a multi-stakeholder committee under Section
4 of this Act.

SECTION 4. Multi-stakeholder Committee for the Nationwide Single-Use Plastic Ban and
Transition Program — To ensure the effective implementation of the program, the Department of Science
and Technology (DOST), the Department of Trade and Industry (DTI), the Department of Environment
and Natural Resources (DENR), the Department of Education (DepEd), the Commission on Higher
Education (CHED), the National Economic Development Authority (NEDA), Bureau of Customs (BOC),
the Department of Finance (DOF), the Department of Information and Communications Technology
(DICT), the Securities and Exchange Commission (SEC), local goverment units, academe
representatives across the region, industry representatives (hospitality, manufacturing, enterprise, etc.),
representatives from non-government organizations, and representatives from civil society shall develop
and formulate accurate guidelines and appropriate mechanism for the transition program and the
nationwide ban of single-use plastics. The Committee shall also manage other concems that may arise
from this Act.

SECTION 5. Incentives for Compliant/Establishments and Industries - Companies,
establishments, Schools, Industries, and other entities that have complied with the ban and program
within the given time period shall be subject to incentives and tax rebates under reasonable conditions.
This shall be determined by the Committee under Section 5 of this Act.

SECTION 6. Support for Sustainable Business Initiatives, Research and Development, and
Promotion of the Recycling Sector - Tax incentives shall be provided to companies willing to invest in
plastic recycling equipment or in manufacturing of eco-friendly altematives. Academe and other similar
firms shall also be given support and/or grants for research and development of eco-friendly and
sustainable alternatives to single-use plastics. Business in the recycling sector shall be given access to
financial, infrastructural, technical, and knowledge support from the government.

SECTION 7. Declaration of Plastic Products and Regulation for New Businesses — Existing
single-use plastics of companies and industries under this Act shall be declared and shall be recycled
accordingly. The production of new single-use plastics outside the declared data after the given time
period shall be penalized under relevant agencies upon the effectivity of this Act shall already adopt a no


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single-use plastic policy. Other standards and regulations shall be determined by the Committee under
Section 9 of this Act.

‘SECTION 8. Continuing Multi-stakeholder Consultations on Good Practices - The Committee,
together with other industry representatives shall hold annual meetings, consultations, and knowledge-
sharing for a period of five (5) years upon the effectivity of this Act. This shall be an avenue to discuss
the impact of the ban, explore new initiatives, and facilitate the adaptation of effective mechanism in
different industries.

SECTION 9. Penal Provisions — The following are the imposed penalties of those in violation of
the Act:

1. Establishments using single-use plastics after the given time period and outside its declared
data: A fine of Fifty Thousand Pesos (Php50,000.00) for the first offense. A fine of One
Hundred Thousand Pesos (Php100,000.00) and the suspension of their business permits
and registrations under relevant agencies for a period of six (6) months for the second
offense. A fine of Two Hundred Thousand Pesos (Php200,000.00) and the suspension of
their business permits and registrations under relevant agencies for a period of one (1) year
for the third offense.

2. Companies’ production of single-use plastics after the given time period: A fine of One
Hundred Thousand Pesos (Php100,000.00) for the first offense. A fine of Two Hundred Fifty
Thousand Pesos (Php250,000.00) and the suspension of their business permits and
registrations under relevant agencies for a period of one (1) year and six (6) months for the
second offense. A fine of Three Hundred Fifty Thousand Pesos (Php350,000.00) and the
cancellation of their business permits and registrations under relevant agencies.

3. Importation of single-use plastics by companies: A fine of Two Hundred Thousand Pesos
(Php200,000.00) and the suspension of their business permits and registrations under
relevant agencies for a period of two (2) years for the offense. After the suspension is lifted,
the company shall be black-listed by the Bureau of Customs from trading for a period of six
(6) months. A fine of Four Hundred Thousand Pesos (Php400,000.0) and the cancellation of
their business permits and registrations under relevant agencies for the second offense.

SECTION 10. Appropriation. - The amounts necessary to implement this Act shall be included
in the General Appropriations Act.

SECTION 11. Implementing Rules and Regulations. - Within sixty (60) days from the effectivity
of this Act, the Multi-Stakeholder Committee mentioned in Section 4 hereof shall promulgate the
necessary rules and regulations to implement this Act.

SECTION 12. Separability Clause — If for any reason, part of the provision of this Act shall be
held to be unconstitutional or invalid, other parts or provisions hereof which are not affected thereby shall
continue to be in full force and effect.

‘SECTION 13. Repealing Clause ~ All laws, decrees, orders, rules, and regulations, or parts
thereof, inconsistent with the provisions of this Act are hereby repealed, amended, or modified
accordingly.


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SECTION 14. Effectvity Clause - This Act shall take effect fiteen (15) days after its publication
in the Official Gazette or in at least two newspapers of general circulation

Approved,