FIFTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES) 
First Regular Session 
) 
SENATJ; 
9 
S.B. NO. ~74 
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MAR 17 A 8 :55 
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Introduced by SENATOR FERDINAND R, MARCOS, JR. 
EXPLANATORY NOTE 
In the 2006 joint survey conducted by EcoWaste Coalition and 
Greenpeace, it was revealed that "plastic bags and other synthetic packaging 
materials comprised 76 percent of the garbage retrieved from Manila Bay." 
"Half of the 76 percent were plastic carry bags, the survey said. About 19 
percent were junk food wrappers and sachets, five percent styrofoam and one 
percent hard plastics." 
(Philippine Daily Inquirer, Government Urged: 
Ban 
Plastic Bags Now, Kristine L. Alave, September 20,2010). 
This is the dismal scenario of our country's ecological state. 
Our 
environment is helplessly begging to be rescued from the snares of imminent 
destruction. 
This bill seeks to address this serious ecological malady. It proposes to 
regulate the use of plastic materials in order to minimize land-based sources of 
pollution, and increase efforts to protect water quality. 
This legislative proposal advocates reusable, biodegradable bags, made 
of a washable material that does not contain lead or any other heavy metal in a 
toxic amount, and designed and manufactured for at least 100 uses, which shall 
be available for customers. 
Through this bill, consumers are encouraged to reduce, and eventually 
eliminate, the use of plastic bags, thereby saving the fragile life of our 
environment. 
In view of the foregoing, approval of this bill is earnestly requested. 
FERDINAND ,MAkcos, JR. 


FIFTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES) 
First Regular Session 
) 
SENAT2749 
S.B.NO. __ 
'11 
MAR 17 
A8 :55 
Introduced by SENATOR FERDINAND R. MARCOS, JR. 
AN ACT REGULATING THE USE OF PLASTIC BAGS, 
AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the 
Philippines in Congress assembled: 
SECTION 1. State Policy - The State shall advance the right of the 
people to a balanced and healthful ecology. Towards this end, it is necessary to 
reduce the environmental, public health, economic, and societal costs resulting 
from the production, use, and discard of single-use plastic carryout bags thereby 
minimizing land-based sources of pollution, and increasing efforts to protect 
water quality. 
SECTION 2. 
Definitions -
For purposes of this Act, the following 
definitions shall apply: 
a) "Department" means the Department of Environment and Natural 
Resources. 
(b) "Recycled paper bag" means a paper carryout bag provided by a store 
to a customer at the point of sale that meets all of the following 
requirements: 
(1) Contains a minimum of 40 percent postconsumer recycled 
content; 
(2) Accepted for recycling in curbside programs in a majority of 
households that have access to curbside recycling programs; 
(3) Capable of composting. 
(4) Printed on the bag the name of the manufacturer, the location 
where the bag was manufactured, and the percentage of 
postconsumer content. 
(c) (1) Until a standard is established and enforceable by the Department, 
"reusable, biodegradable bag" means a bag that meets both of the 
following requirements: 
(A) Designed and manufactured for at least 100 uses. 
(B) Made of a washable material that does not contain lead 
or any other heavy metal in a toxic amount, as determined 
by the Department. 


(2) By January 1, 2013, the Department shall establish standards in 
regulations that define "reusable, biodegradable bag," using the 
standards specified in paragraph (1), and any additional durability, 
material content, or labeling requirements. Labeling requirements 
shall, at a minimum, require reusable, biodegradable bags to be 
imprinted, in a manner sufficient to be identifiable and readable, 
with both of the following: 
(A) The name of the reusable, biodegradable bag 
producer; 
(B) The reusable, biodegradable bag seal or logo, as 
determined by the 
Department, showing compliance with 
the minimum standards. 
(d) "Reusable, Biodegradable bag producer" means either of the following: 
(1) A person or entity that manufactures a reusable, biodegradable 
bag; 
(2) A person or entity that initially sells or offers for sale or 
distribution a reusable, biodegradable bag. 
(e) 
(1) "Sing/e-use carryout bag" means a bag made of plastic, paper, 
or other material, that is provided by a store to a customer at the point of 
sale and that is not a reusable, biodegradable bag, as defined in 
subdivision (c). 
(2) A single-use earryout bag does not include either of the 
following: 
(A) A bag provided by a pharmacy to a customer purchasing 
prescription medication. 
(B) A nonhandled bag used to protect a purchased item from 
damaging or contaminating other purchased items when 
placed in a recycled paper bag or reusable, biodegradable 
bag. 
. 
(f) "Store" means a retail establishment that meets any of the following 
requirements: 
(1) Supermarkets and grocery stores; 
(2) A retail space over 100 square meters that generates sales of 
retail goods; 
(3) A convenience food store, foodmart, sari-sari store or other 
entity engaged in the retail sale of a limited line of goods that 
generally includes milk, bread, soda, and snack foods. 
SECTION 3. Carryout Bag Regulation -
(a) 
(1) On and after January 1, 2012, a store, as defined in paragraph 
1 or 2 of subdivision (f) of Section 2, shall not provide a single-use 
earryout bag to a customer at the point of sale. 
(2) On and after July 1, 2013, a store, as defined in paragraph 1 or 
2 of subdivision (f) of Section 2, shall only provide reusable, 
biodegradable bags, as defined by subdivision (c) of Section 2, that 
meet the requirements of this chapter and standards established by 
the Department. 


(a) 
A store shaff make reusable, biodegradable bags available for 
purchase by a customer. A store, as defined in paragraph 1 or 2 of 
subdivision (f) of Section 2, may provide reusable, biodegradable 
bags to customers at no cost. 
(b) 
Notwithstanding the requirements of subdivision a, a store shaff 
make available for sale to a consumer at the point of sale a 
recycled paper bag at a reasonable cost. 
(c) 
Beginning July 1, 2013, a store as defined in paragraph 3 of 
subdivision (f) of Section 2 shall comply with the provisions of 
this article. 
SECTION 4. Certification-
(a) 
On or after January 1, 2013, and on or before January 1 every two 
years thereafter, a reusable, biodegradable bag producer that sells, 
distributes, or makes a reusable, biodegradable bag available to a 
store shaff submit a certification to the Department that each 
reusable, biodegradable bag meets the requirements of subdivision 
(c) of Section 2 and associated standards issued by the 
Department. 
(b) 
A reusable, biodegradable bag producer shaff submit a fee to the 
Department with each certification pursuant to Section 2. 
(c) 
The Department shall provide a system to submit certifications 
online. 
(d) 
The Department shall publish a list on its Internet Web site that 
includes: 
(1) 
The name, location, and appropriate contact information of a 
reusable, biodegradable bag producer in compliance with 
this section. 
(2) 
The reusable, biodegradable bag product or products in 
compliance with this section. 
SECTION 5. Certification Fees -
(a) 
The fee for the initial certification by a reusable, biodegradable bag 
producer, as defined in subdivision (d) of Section 2, shaff be as 
determined by the Department. In establishing the initial fee, 
consideration by the Department shall include, but not be limited to, 
if provided by a reusable, biodegradable bag producer, the annual 
sales revenue of a participating reusable, biodegradable bag 
producer, the number of its employees, and the number of 
reusable, biodegradable bag products to be submitted for 
certification by the such participating producer. 
(b) 
The fee for biennial certification thereafter shall be determined by 
the Department which shaff include inspection and re-certification. 
The Department may adjust the biennial certification fee, if the 
Department determines that additional fees are necessary to 
support implementation of this section. Notification of any fee 
increases shall be provided to certified producers and posted on 
the department's Internet Web site 60 days in advance of the fee 
increase. 


(c) 
The fees in this section shall not exceed the amount necessary to 
cover the Department's reasonable costs associated with the 
implementation of this chapter. 
SECTION 6. Inspection-
(a) 
The Department may inspect and audit any entity subject to this 
chapter. 
(b) 
On or after July 1, 2013, the Department may test any reusable, 
biodegradable bag manufactured by a reusable, biodegradable bag 
producer and provided to a store for sale or distribution for 
compliance with this chapter and associated regulations. 
(c) 
The Department may enter into an agreement with other 
government agencies 
that 
conduct 
inspections to 
provide 
necessary enforcement of this chapter. 
SECTION 7. Violations-
(a) 
Any violation of Section 3 shall be subject to an administrative 
penalty of a fine as assessed by the Department in an amount not 
less than five thousand pesos (P5,000.00) for the first violation. 
Subsequent violations may be increased by up to ten thousand 
pesos (P10,000.00) per violation, but not to exceed one hundred 
thousand pesos (P100,OOO.OO) per violation. 
(b) 
Any violation of Section 4, or any submission of false or misleading 
information to the Department, shall be subject to an administrative 
penalty of a fine assessed by the department of up to fifty thousand 
pesos (P50,OOO.OO) per violation, not to exceed an annual total of 
one hundred fifty thousand pesos (P150,OOO.OO). 
(c) 
The Department shall publish a list on its Internet Web site of any 
fines or penalties that have been levied against a violator of this 
section for failure to comply with the requirements of this chapter. 
SECTION 8. Reusable, Biodegradable Bag Account -
(a) 
The Department shall deposit all certification fees paid pursuant to 
this article into the Reusable, Biodegradable Bag Account, which is 
hereby created in the Department. The moneys deposited in the 
Reusable, Biodegradable Bag Account shall be expended by the 
Department, upon appropriation by the Congress, to assist the 
Department with its costs of implementing this Act. 
(b) 
The Department shall deposit all penalties and fines collected 
pursuant to this article into the Penalty Subaccount, which is hereby 
created in the Reusable, Biodegradable Bag Account, and shall be 
expended by the Department, upon appropriation by the Congress, 
to assist the Department with its costs of implementing this Act. 
SECTION 9. 
Rules and Regulations. -
The Department shall adopt 
rules and regulations necessary to implement the provisions of this Act within 
ninety (90) days from the effectivity thereof. 


SECTION 10. Repealing Clause -
All laws, executive orders, executive 
issuances, rules and regulations or part thereof inconsistent or contrary to the 
provisions of this Act, are hereby repealed or amended accordingly. 
SECTION 11. Separability Clause -
In case any provision of this Act is 
declared unconstitutional or invalid, the other provisions hereof which are not 
affected thereby shall continue in full force and effect. 
SECTION 12. Effectivity -
This Act shall take effect thirty (30) days 
after its publication in two (2) national newspapers of general circulation. 
Approved.