HOUSE OF REPRESENTATIVES
Quezon City
Eighteenth Congress
First Regular Session

House BILL No. 3338

Introduced by Rep. Bernadette Herrera-Dy

AN ACTBANNING THE USE OF SINGLE-USE PLASTICS NATIONWIDE TO ELIMINATE
PLASTIC POLLUTION IN THE PHILIPPINES

Explanatory Note

Plastic is made of polyethylene, a component that makes plastic extremely hard to decompose.
It may take approximately 1000 years for plastics to decompose in landfills.’ Regrettably, the
number of plastics in the Philippines over the years increased in an alarming manner. According
to a report made by the International Union for Conservation of Nature, the Philippines is among
the top five countries in the world where plastics originate.A report from Ocean Conservancy
and McKinsey Center for Business and Environment found that the Philippinesgenerates 2.7
million metric tons of plastic garbage each year, with 20% or 521,000 tons of which ends up in
the ocean. According toEarth Day Network's statistics, thePhilippines ranked third as the worst
polluter of the world’s oceans in 2018. It is also important to notethat the Philippines experiences
many typhoonsdue to its geographical location. In a year, there are at least 20 cyclones” thathit
the Philippines and have caused intense flooding. The amount of plastics in the drainages
‘systems all over the country is the main cause’.

According to World Wide Fund for Nature Philippines, plastic pollution is a serious threat not
only to marine life but to human life as well. At the same time, plastics don't completely
degenerate and just break down into small pieces (into microplastics) which are ingested by the
fish that people consume. The organization further emphasized that the possibility of plastics
ending up on dinner plates is a serious concem and a health hazard. Specifically, waste from
single-use plasticsproves to be the biggest problem. Environmental groups in the Philippines
expressed their concern as plastic bags are used only once. Single-use plastics include straws,
coffee stirrers, soda, and water bottles and most food packaging materials. At the same time,
many lightweights and single-use plastic products which account for approximately 50 percent
of all plastics produced, are not deposited in containers for subsequent removal to landfills,
recycling centers, or incinerators.‘The Philippines’ “sachet economy” has also contributed to the
proliferation of plastics.° Products sold in single-use sachets include instant coffee, shampoo,
cooking oil, food seasoning, and toothpaste. However, once they're used, they are just thrown
away. Thus, there is a need to lessen the use of such productsor ban them entirely in different
industries.

Fortunately, there have been many initiatives for waste management in schools, workplaces,
and even in the hospitality and tourism industry. Specifically, Hilton Manila Hotel currently uses
non-plastic straws and glass bottles instead of plastic ones for their complementary drinking
water.°This is an important initiative since 75% of environmental pollution caused by the hotel

LeBlanc, R. (2019). The Decomposition of Waste in Landfills: A Story of Time and Materials. Retrieved from
https://www.thebalancesmb.com/how-long-does-it-take-garbage-to-decompose-2878033

2PAGASA report

*Klippe, A. (2018).The cause of flood is not poor drainage system. Flood Control Asia. Retrieved from:
hitps://floodcontrol.asia/cause-of-floods-is-not-poor-drainage/

* Moore, C. (nd.), Plastic Pollution In Oceans And On Land. Encyclopaedia Britannica. Retrieved from:
https://www. britannica.com/science/plastic-pollution/Plastic-pollution-in-oceans-and-on-land

“Tacio, H. (2018). Plastic Problems, Pollution in the Philippines Gaia Discovery. Retrieved from:
hitps://www. gaiadiscovery.com/planet/plastic-problems-pollution-philippines

“Tayao-Juego, A. (2018). This hotel will soon ditch the little shampoo bottles Filipinos love. Philippine Daily
Inquirer. Retrieved from: https://business.inquirer.net/261 139/this-hotel-will-soon-ditch-the-little-shampoo-bottles-


industry was from over-consuming energy, water, and materials while operating their business.”

Without policies that support the implementation of appropriate green practices, hotels could
add to the adverse impact of the increase in wastes that go back to the environment.Local
government units havealso taken action and have pushed for ordinances on waste
management and the ban of single-use plastic products such as plastic bags and
straws.Although there are many policies that ban plastics in different cities in the Philippines and
initiatives from industries to limit the use of plastics,these are not enough. The Global Alliance for
Incinerator Alternatives emphasized that the lack of a comprehensive national policy to regulate
plastic bags have proven to be problematic for cities and municipalities that are trying to reduce
or regulate plastic bag usage within their jurisdiction.°Furthermore, a lack of uniformity in
policies also creates a lot of confusion for citizens, who may find themselves penalized for a
lack of awareness about what is allowed in one city and what is not allowed in another.°

It is of utmost importance to align policies across the country and to work together with
industries in eliminating plastic pollution. There is a need for an all-encompassing nationwide
policy against the industries’ use of various single-use plastic products that harm the
environment. Through, the Nationwide Single-Use Plastic Ban Act, the government shall be able
to save the environment and to regulate industries’ use of plastics in their operations.By
implementing a national policy against the use of single-use plastics, the state shall ensure the
protection of its environment, prioritize the safety of its citizens, and promote sustainable
development across all sectors.

In view of the foregoing, the immediate passage of this measure is earnestly sought.

BERNADETTE HEI (RA-DY

7 Viernes, J. (2014). Greening the Hotel Operations: Puerto Princesa Experience. Asia Pacific Journal of
Multidisciplinary Research. Retrieved from: http://www. apjmr.com/wp-content/uploads/2014/09/APJMR-2014-2-
125 pdf

‘Global Alliance for Incinerator Alternatives (n.d.). Plastic Bag Bans in the Philippines. Retrieved from
‘https://www.no-burn.org/bagbanph/


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HOUSE OF REPRESENTATIVES
Quezon City
Eighteenth Congress
First Regular Session

HOUSE BILL NO. 3338

Introduced by Rep. Bernadette Herrera-Dy

AN ACT BANNING THE USE OF SINGLE-USE PLASTICS NATIONWIDE TO ELIMINATE
PLASTIC POLLUTION IN THE PHILIPPINES

Section 1. Short Title. This Act shall be known as the “NationwideSingle-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 theenvironment 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. Definition of Terms. For the purpose of this Act, the following terms will mean:

a) Single-use plastic - also referred to as disposable plastics, are commonly used for
plastic packaging and include items intended to be used only once before they are
thrown away or recycled. These include, among other items, grocery bags, food
Packaging, bottles, straws, containers, cups, and cutlery.

b) Plastic waste - plastic debris that can vary in size from large containers, fishing nets to

microscopic plastic pellets or even particles that are discarded and pollute lands, rivers,

coasts, beaches, and oceans.

Plastic pollution - accumulation in the environment of synthetic plastic products to the

point where they create problems for wildlife and their habitats as well as for human

Populations. These are waste that is poorly recycled, dumped in landfills or abandoned in

nature. This waste is carried by the winds, pushed by the rains into sewers, streams,

rivers, and finally in the oceans.

d) Plastic recycling - refers to the process of recovering waste or scrap plastic and

reprocessing it into a useful product.

Eco-friendly - not environmentally harmful; ecologically beneficial. Products/alternatives

that aim to lessen carbon footprints.

Section 4. 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. Allschools, supermarkets, shops, hotels,establishments, government 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 programshall also be
undertaken to help all concerned individuals and industries in implementing the ban. The
program shall includebut are not limited to the following objectives:

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a)

Ban all single-used plastics nationwide within the given time period. Failure to comply

‘shall be penalized as prescribed under Section 10 of this Act.

b) Prohibit production of single-use plastics within the given time period.Failure to comply
shall be penalized as prescribed under Section 10 of this Act.

©) Research and developsustainable 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.


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f) Restrict importation of single-use plastics. Failure to comply shall be penalized as
prescribed under Section 10 of this Act.

9) Monitor and regulate plasticrecycling of existing single-use plastics and develop the
recycling sector.

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

The programshall be developed and monitored by a multi-stakeholder committee under Section
5 of this Act.

Section 5.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 government units, academe representatives across the region, industry
representatives (hospitality, tourism, manufacturing, enterprise, etc.), representatives from non-
government organizations, and representatives fromcivil societyshall develop and formulate
accurate guidelines andappropriate mechanisms for the transition program and the nationwide
ban of single-use plastics. The Committee shall also manage other concerns that may arise
from this Act.

Section 6. Incentives for CompliantEstablishments and Industries. Companies,
Establishments, Schools, Industries, and other entities thathave 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 7. 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 the manufacturing of eco-friendlyalternatives.
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. Businesses in
the recycling sector shall be given access to financial, infrastructural, technical, and knowledge
support from the government. These measures shall be determined by the Committee under
Section 5 of this Act.

Section 8. 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 Section 10 of this Act. New businesses that will
be registered under relevant agencies upon the effectivity of this Act shall already adopt a no
single-use plastic policy. Other standards and regulations shall be determined by the Committee
under Section 10 of this Act.

Sector 9. 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 mechanisms in different industries.

Section10. Penal Provisions. The following are the imposed penalties of those in violation of
the Act herewith:

1. Establishments using single-use plastics after the given time period and outside
its declared data: A fine of fifty thousand pesos (P50,000) for the first offense. A fine of
one hundred thousand pesos(P100,000) 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(P200,000) 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 (P100,000) for the first offense. A fine of two hundred fifty
thousand pesos (P250,000) and the suspension of their business permits and
registrations under relevant agencies for a period of one and a half (1.5) years for the


second offense. A fine of three hundred fifty thousand pesos (P350,000) 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
(P200,000) and the suspension of their business permits and registrations under
relevant agencies for a period of two (2) years for the first 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 (400,000) and the cancellation
of their business permits and registrations under relevant agencies for the second
offense

Section 11.Fund Sources. The amounts necessary to implement this Act shall be included in
the annual General Appropriations Act.

Section 12.!mplementing Rules and Regulations. Within sixty (60) days from the effectivity of
this Act, the Committee, in consultation with appropriate government agencies and other
stakeholders, shall promulgate the necessary rules and regulations to implement this Act.

Section 13. Separability Clause. If for any reason or reasons, any 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 14. 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.

Section 15. Effectivity Clause. This Act shall take effect after fifteen (15) days following its
publication in the Official Gazette and at least two (2) newspapers of general circulation.

Approved,