SEVENTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
Third Regular Session )

18 JUL -5 AIO 24
SENATE

s..no, 1866 hitiss & —

INTRODUCED BY SENATOR ANA THERESIA “RISA” HONTIVEROS BARAQUEL

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. These 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 “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.

Otte Bier xa
(AANA THERESIA “RISA” nome tenaque.

Senator


SEVENTEENTH CONGRESS OF THE )

REPUBLIC OF THE PHILIPPINES )
Third Regular Session )
SENATE
s.B.No. 1866 _ #

INTRODUCED BY SENATOR ANA THERESIA “RISA” HONTIVEROS BARAQUEL

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 of Representatives of the Republic of the Philippines
in Congress assembled:

SECTION 1. Short Title. — This Act shall be known as the “Plastic Straw and Stirrer Ban of
2018”.

SEC. 2. Declaration of Policy. — Section 16 of the Philippine Constitution states 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”.

SEC. 3. Definition of Terms. -
As used in this Act:

(a) Beverage straw refers to a tube used for transferring beverage from its container to
the mouth of a consumer.

(b) Beverage stirrer is an object used for stirring beverage.

(c) Biodegradable means the ability of a material to breakdown within one year through
the action of naturally occurring microorganisms such as bacteria, fungi, and algae, into
natural materials in the natural environment without causing harm.

(d) Disability means a physical, intellectual or sensory impairment that substantially
limits one or more major life activities.

(e) Food service establishments refer to any place where food and beverage is provided
directly or indirectly to the consumer, whether food and beverage are consumed on or
off the premises. This includes, but not limited to, restaurants, catering services, school
and office cafeterias, carinderia, bakeries, coffee shops, food stalls, food trucks, bars,
and hotels.



(f) Other service establishments and providers that serve beverages refer to sari-sari
stores, and other enterprises that serve beverages such as sidewalk stalls.

(g) Medical condition means any illness, disease, disorder or injury that requires medical
treatment.

(h) Plastic refers to a synthetic material made from organic polymers, including, but not
limited to, polypropylene and polystyrene, that can be molded into shape while soft,
and then set into a rigid or slightly elastic form.

(i) Single-use means a product that is designed and intended to be used only once for
drinking and stirring, and is generally recognized by the public as an item that is to be
discarded after one use.

‘SEC. 4. Prohibition. — No food service establishment or other service establishments that
serve beverages shall offer to consumers any single-use beverage straw and stirrer
made of plastic or any other non-biodegradable material.

SEC. 5. Exemption. - Food service establishments may provide suitable beverage straws,
including those prohibited by this Act, to a person that requires a straw due to a
disability or medical condition as defined therein.

SEC 6. Food service establishments and other service providers occupying fixed spaces,
such as sari-sari stores are directed to prominently display signs informing the
customers of its “no plastic straw and stirrer” policy.

SEC. 7. Penalties. - Food establishments caught providing plastic straws and stirrers shall
be penalized as follows:

First offense: A fine of fifty thousand pesos (50,000.00)

Second offense: A fine of eighty thousand pesos (P80,000.00)

Third offense: A fine of one hundred fifty thousand pesos (P150,000) and the
suspension of their Business Permit for a period of one (1)
year.

The penalties herein provided shall be imposed:

(a) upon the owner, manager, administrator, or proprietor, for individual
proprietorships;

(b) upon all partners for general partnerships and the general partner/s for
limited partnerships;

(c) upon the Branch Manager of a particular offending food establishment;

(d) __ solidarily upon the President, Vice President, corporate officers as well as the
Chief Operating Officer for incorporated businesses, and

(e) upon all such persons, not falling within any of the descriptions/titles
abovementioned, being in-charge of the particular offending food
establishments, and failing to show prohibition herein defined. This is without
prejudice to the right of the person paying the appropriate fine to seek



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reimbursement of the amount paid from the owner of the enterprise or
establishment.

SEC. 8. The Local Government, through their local Solid Waste Management Board and
local Environment and Natural Resources Officer is hereby deputized to implement the
provisions of this Act in food establishments and other service providers in their
respective jurisdictions.

SEC. 9. All fines collected as a result of the implementation of this Act shall
automatically be allocated to the ocean and other water system-rehabilitation programs
of the Department of Environment and Natural Resources.

SEC. 10. The Department of Environment and Natural Resources is hereby tasked to
promote the use of straws and stirrers made of metal, bamboo, or any other reusable
material.

SEC. 11. implementing Rules and Regulations. - The Department of Environment and
Natural Resources, in consultation with the Department of the Interior and Local
Government (DILG), and the Department of Trade and Industry, after consultations with
consumer groups, plastic producers and other affected groups shall promulgate the
Implementing Rules and Regulations (IRR) of this Act within six (6) months from its
approval.

SEC, 12. Separability Clause. ~ If any section or provision of this Act is held
unconstitutional or invalid, the other sections or provisions shall not be affected.

SEC. 13. Repealing Clause. — All laws, presidential decrees, executive orders and rules
and regulations or parts thereof inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

SEC. 14. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,