~ REPRES
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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 4339

Introduced by Rep. ANGELO MARCOS BARBA
24 District, Ilocos Norte

EXPLANATORY NOTE

This proposed measure seeks to gradually phaseout single-use plastics in
the Philippines by regulating the production, importation, sale, and use of
single-use plastics. Thereafter, the Production, sale, distribution, provision or
use of single-use plastics shall be prohibited. This bill is filed as a response to
our worsening plastic waste problem.

A Global Alliance for Incinerator Alternatives (GAIA) report revealed that
Filipinos use more than 163 million plastic sachet packets, 48 million
shopping bags, and 45 million thin film bags daily. These plastic products
designed to be used only once end up in landfills, dumps, or in the
environment—only 9% of the plastic wastes are recycled. In fact, single-use
Plastics have become a major contributor to ocean pollution that endangers
marine life and resources,

The Philippines has become the world’s third-largest ocean polluter
despite the 18-year existence of the Solid Waste Management Act While
improper disposal and implementation of the said Act is partly to be blamed,
irresponsible individual behavior also plays a critical role to our worsening
plastic waste problem.

The proper disposal and implementation of the Solid Waste Management
Act could not solely address the plastic waste problem as we can no longer
cope with the increasing production and consumption of single-use plastics,
Thus, in line with the declared policy of the State to protect and advance the
Tight of the people to a balanced and healthful ecology in accord with the
thythm and harmony of nature, there is a need to regulate and eventually
prohibit the production, importation, distribution, sale, and use of single-use
Plastics to drastically reduce not only the volume of plastic wastes, but also
people’s reliance on plastic products, particularly single-use plastics,

In light of the foregoing, the immediate passage of this measure is

earnestly sought.
ANGELO (hes BARBA


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 4339

Introduced by Rep. ANGELO MARCOS BARBA
24 District, locos Norte

AN ACT REGULATING THE PRODUCTION, IMPORTATION,
SALE, AND USE OF SINGLE-USE PLASTICS, PROVIDING FUDS
THEREFOR, AND FOR OTHER PURPOSES

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 “Single-Use
Plastic Regulation Act”

SECTION 2. Declaration of Policy. ~ It is the policy of the State to
protect and advance the right of the people to a balanced and healthful ecology
in accord with the rhythm and harmony of nature. Toward this end, the State
shall institute mechanisms to prevent pollution and promote a healthier
environment through appropriate policies, such as reduction of waste
materials at source, encouraging the use of sustainable products that will help
curb plastic pollution, and proper waste management.

SECTION 3. Coverage. ~ This Act shall apply to the production,
importation, use, disposal, and sale of all single-use plastics in trade oy
commerce, in business enterprises, as well as by retailers and consumers, in
the Philippines.

SECTION 4. Definition of Terms. - The terms used in this Act are
defined as follows:

a. Business enterprise - refers to establishments engaged in the
production, manufacturing, Processing, repacking, assembly, or sale of
goods and/or services, including service-oriented enterprises. It shall
include retailers, self-employed or own-account workers, micro, small,
and medium enterprises, and community-based business enterprises;

b. Consumer ~ refers to a person who is a purchaser, lessee, recipient, or
prospective purchaser, lessor, or receipt of consumer products,
services, or credit;

¢. Container — shall refer to the material which contains and is in direct
contact with the product especially in the cases of liquid products, wet


goods, food and beverages, e.g. bottles, trays, plastic or paper wraps,
and laminated cartons.

. Disposal - refers to the discharge, deposit, dumping, spilling, leaking,
or placing of waste into or on land or bodies of water;

. Incentives — refers to incentives provided for and as defined in
Republic Act No. 9178, otherwise known as the Barangay
Micro-Business Enterprise Act of 2002, Republic Act No. 9501,
otherwise known as the Magna Carta for Micro, Small, and Medium
Enterprises, Republic Act No. 10771, otherwise known as the Green
Jobs Act of 2016, Executive Order No. 226, otherwise known as the
Omnibus Investment Code of 1987, or as defined by concerned local

government units through legislation specifically for this purpose,
where applicable;

Packaging material — shall refer to any material which may contain
but not necessarily in direct contact with the product especially for
purposes of protection, preservation, handling, transport, and
marketability, e.g. cartons, carrier bag, packaging films, protective
foams for electronic products; it shall also refer to any material which
acts as a secondary container to a product, i.e. for purposes of
containment but not in direct contact with the product, i.e. the box
which contains a bottle filled with liquid perfume;

. Plastic — refers to lightweight, resistant, and synthetic material made
from wide range of organic polymers which can be molded into a
variety of forms depending on purpose or utility;

. Recycling — shall refer to the treatment of used or waste materials
through a process of making them reusable or transforming them into
new products or raw materials for the production of other goods
and/or service;

Retailer — refers to a person engaged in the business of selling
products directly to consumers;

j. Reusable material ~ refers to any material specifically designed or
manufactured for multiple usages and shall meet the following
conditions:

i. Capable of composting and is biodegradable;

ii, Recyclable; and

iii. Does not contain any toxic or harmful substance or chemical
such as but not limited to lead, cadmium, or any other
substance or chemical as provided by existing rules and

regulations of the Department of Environment and Natural
Resources (DENR).

Single-use plastic — refers to disposable plastic products which are
commonly used for packaging and include items intended to be used


only once before they are thrown away or recycled. This includes, but
are not limited to items such as grocery bags, food packaging films,
containers and bags, water bottles, straws, stirrers, Styrofoam, cups,
sachets, and plastic cutlery;

SECTION 5. Prohibition of Single-Use Plastics and Levy for the Use in
the Interim Period. — Single-use plastics shall be gradually phased out within
the period of three (3) years from the effectivity of this Act. Thereafter, the
production, sale, distribution, provision or use of single-use plastics shall be
prohibited. Any person or business enterprise shall be subject to penalties as
provided under this Act.

In the interim period, the following shall be enforced:

a.

Prohibition on the production or manufacturing of single-use
plastics for circulation in the general market;

. Prohibition on the issuance of single-use plastics by food

establishment, stores, markets, and retailers;

. Diversion of consumers to usage of reusable materials in

substitution of single-use plastics;

. Grant of discounts and/or freebies by business enterprises to

consumers using reusable bags in substitution of single-use
plastics and/or returning used single-use plastics to concerned
retailers for collection, recycling, and/or disposal;

. Collection, recycling, and disposal by manufacturers of

single-use plastics manufactured and/or in circulation in the
general market;

Recycling of unavoidable single-use plastics by manufacturers;

. For each piece of single-use plastics already manufactured, in

circulation, and for use in any transaction, retailers shall charge
the consumer a minimum levy of five pesos (PhP5.00);

. The amount collected in subparagraph (g) of this Section by

retailers shall be reflected in the official receipt. Twenty percent
(20%) of the said amount shall be kept by the business
enterprise to cover the cost of the single-use plastics, while
eighty percent (80%) shall be remitted quarterly to the Special
Fund created under this Act;

SECTION 6. Prohibition on the Importation of Single-Use Plastics. -

Act.

Importation of single-use plastics shall be prohibited upon effectivity of this

SECTION 7. Recycling of Single-Use Plastics. All used single-use
plastics as allowed by this Act shall be recycled. It shall be the duty of


single-use plastic manufacturers to collect, recycle, and properly dispose said
single-use plastics in a manner consistent with Republic Act No. 9003 and
existing laws, rules and regulations. The minimization or absence of negative
externalities in the process shall likewise be ensured by the manufacturers.

SECTION 8. Program for Affected Employees and Workers. - Upon
effectivity of this Act, research and technology development initiatives,
pilot-testing of innovations and technologies resulting from the studies with
the assistance of the Department of Science and Technology (DOST), and
capacity building activities shall be undertaken with plastic-manufacturing
industries and business enterprises for them to adopt these technologies.

The DOST, the Department of Labor and Employment (DOLE), and the
Technical Education and Skills Development Authority (TESDA), with the
help of Local Government Units (LGUs) shall provide capacity building
programs, technical assistance, and trainings to relevant stakeholders.

SECTION 9. Shifting to Alternatives ~ The DOST is tasked to assist local
manufacturers in developing or acquiring the appropriate technology for the
production or manufacture of reusable materials or alternatives.

SECTION 10. Incentives for Shifting to Alternatives. - Business
enterprises, individuals, cooperatives, partnerships, and corporations engaged
in the manufacture of identified alternatives to single-use plastics shall be
given incentives provided for under Republic Act No. 9178, otherwise known
as the Barangay Micro-Business Enterprise Act of 2002, Republic Act No.
9501, otherwise known as the Magna Carta for Micro, Small, and Medium
Enterprises, Republic Act No. 10771, otherwise known as the Green Jobs Act
of 2016, and Executive Order No, 226, otherwise known as the Omnibus
Investment Code of 1987.

SECTION 11. Certification, Monitoring, and Inspection. — The
Department of Trade and Industry (DTD), in coordination with the LGUs and
local law enforcement agencies shall conduct regular inspection and
monitoring business enterprises and facilities of manufacturers to determine
compliance with this Act.

The LGUs concerned, after the conduct of a thorough inspection, shall
issue a certificate indicating whether or not business enterprises in their
jurisdiction are compliant to this Act. The certification shall be a requirement
for the renewal of local permits.

SECTION 12. Information and Education Campaign. - The DENR, in
coordination with LGUs, the Department of Education (DepEd), the
Commission on Higher Education (CHED), and the Philippine Information
Agency (PIA), shall conduct public information and education campaign on
the proper regulation of single-use plastics in the country.

SECTION 13. Penalties and Sanctions. — The following penalties shall be
imposed for any violation of this Act:


1) For Business Enterprises and Micro, Small, and Medium Enterprises
as defined in Republic Act No. 6977, as amended, Barangay Micro
Business Enterprises under Republic Act No. 9178, and all other
enterprises and establishments not otherwise Value Added Tax
(VAT)-registered:

a) First Offense — A fine of ten thousand pesos (PhP10,000.00);

b) Second Offense — A fine of fifty thousand pesos (PhP50,000.00)
and suspension of business permit for one (1) year; an

©) Third Offense — A fine of one hundred (PhP100,000.00),
revocation of business permit, and ineligibility for application of
business permit for a period of five (5) years.

Any further violation of this Act shall perpetually bar the operator from
conducting its business in the LGU concerned.

2) For VAT-registered enterprises, establishments, and store, and for all
plastic manufacturers found violating this Act, the following penalties
shall be imposed.

a) First Offense - A fine of one hundred thousand pesos
(PhP100,000.00);

b) Second Offense - A fine of five hundred thousand pesos
(PhP500,000.00) and suspension of its business permit for one
(a) year; and

c) Third Offense — A fine of one million pesos (PhP1,000,000.00),
revocation of business permit, and ineligibility for application of
business permit for a period of five (5) years.

Any further violation of this Act shall perpetually bar the operator from
conducting its business in the LGU concerned.

Local government officials and officials of government agencies who fail to
comply with and enforce this Act shall be administratively charged in

accordance with Republic Act No. 7160 and other existing laws, rules, and
regulations.

SECTION 14. Special Fund. - A special fund for single-use plastic
regulation, hereinafter referred to as the Fund, to be administered by the
DENR, is hereby created to be composed of levies, fees and fines collected

pursuant to this Act.
The fund shall be used exclusively for the following:

a) Capacity-building of LGUs and local law enforcement agencies for the
purposes of this Act;


b) Establishment of recycling centers;
c) Establishment of treatment facilities;

d

Information and education campaigns relative to Section 11 of this Act;

e) Assistance and incentives for manufacturers and community-based
initiatives for the reduction of single-use plastics, as well as for
non-government and civil society organizations promoting proper solid
waste management;

f) Capacity-building programs, technical assistance, and trainings to
relevant stakeholders, relative to Section 8 of this Act; and

8) Additional provisions for the Solid Waste Management Fund under
Republic Act No. 9003.

The fund may be augmented by donations, endowments, grants and
contributions which shall be subject to the provisions of the National Internal
Revenue Code of 1997, amended.

SECTION 15. Access to Information and Public Disclosure. — The public
shall have access to records, reports or information concerning the
implementation and mandates of this Act, provided that the DENR or
concerned LGU may consider a record, report, or information or portions
thereof confidential when such would be of adverse effect to the competitive
position of a manufacturer, seller, or distributor.

SECTION 16. Appropriations. - The amount necessary to carry out the
provisions of this Act shall be included in the annual general appropriations of
the DENR and other implementing agencies under the General
Appropriations Act.

SECTION 17. Congressional Oversight Committee. — The joint
Congressional Oversight Committee created under Section 60 of Republic Act
No. 9003 shall also have the power to monitor and evaluate the
implementation of this Act.

SECTION 18. Implementing Rules and Regulations. The DENR, in
coordination with the DTI, DILG, Climate Change Commission (CCC), and
other concerned government agencies and representatives of LGUs, shall issue
the necessary Implementing Rules and Regulations within one hundred and
twenty (120) days after the effectivity of this Act.

SECTION 19. Separability Clause. - If any provision of this Act is
declared invalid, the remainder or any provisions thereof not affected thereby
shall remain in force and effect.

SECTION 20. Repealing Clause, — All acts and decrees, executive orders,
implementing rules and regulations or parts thereof, inconsistent with the
provisions of this Act are hereby repealed, amended or modified accordingly.


SECTION 21. Effectivity Clause. ~ This Act shall take effect upon its
publication in two (2) newspapers of general circulation.

Approved,