Republic of the Philippines:
HOUSE OF REPRESENTATIVES
Queson City

SEVENTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. 2276

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

EXPLANATORY NOTE

Marine life and our oceans have faced “irreparable damage” from plastic pollution for
the last 70 years’. The National Center for Ecological Analysis and Synthesis
estimated over 8 million tons of plastic end up in the oceans every year. Asian nations
were found to be a major contributor to plastic waste. According to environmental
group Greenpeace, the Philippines ranks third as the “worst polluter of the world’s
oceans’, after China and Indonesia’. The three countries, as well as Thailand and
Vietnam, has been responsible for as much as 60% of the plastic waste in the world's
oceans’, This has urged legislators and government officials to do their part against
plastic pollution.

Local Government Units in Metropolitan Manila have taken strides in combating the
excessive use of plastic in the country. The Quezon City government, for example,
passed two environment protection ordinances related to the usage of plastic with SP-
2140 and SP-2103 in 20125. The ordinances regulated the use of plastic bags in the
city and established an environmental fee for its use as well as mandated all business
establishments to display notices that encourage customers to bring their own
recyclable or reusable bag.

* htp://www.bbe.com/news/science-environment-42264788,

* Ibid.

> http://newsinfo.inquirer.net/932739/greenpeace-environment-water-pollution-polluter-manila-bay

“ http://www philstar.com:8080/science-and-environment/2017/01/26/1666162/stronger-regulation-plastic-bags-
urged

* http://quezoncity.gov.ph/index.php/recent-news/774-qc-regulates-plastic-bag-use


Makati also followed suit by banning disposable plastic shopping bags, plastic cups
and styrofoam food containers and penalizing shops and supermarkets that violate the
ordinance®. Other areas, such as Las Pifias and Muntinlupa’, have implemented the
‘same while Manila hopes to follow suit, especially since plastic bags are the most
common type of garbage found in Manila Bay*.

These efforts to curb the garbage that cause deadly flooding has been felt across the
capital city. The country would benefit greatly if these policies were to be implemented
nationwide, especially in flood-prone areas®. This bill proposes to regulate the
production, use, recycling and disposal of plastic. This hopes to encourage the use of
reusable bags instead of one-time use plastic bags. The bill also proposes to provide
an “in-store recovery program” where customers are given an opportunity to return
their used biodegradable plastic bags to the commercial establishments that provided
them for recycling. The plan provides for the transition from the usage of ordinary
polymer plastic bag to biodegradable plastic bags in establishments.

Concerns over the proliferation of plastic waste in the country have become more
prominent in recent years, with Local Government Units heeding to the calls through
ordinances. Senate has also expressed concer and has filed a bill in response”. This
long overdue change in our consumer culture is a much needed one.

The approval of this bill is earnestly sought.

.net/430021 phil
” http://newsinfo.inquirer.ne24092 I /manila-a-step-closer-to-banning-use-of-plastic-bags

* https://www.rappler.com/science-nature/environment/62397-plastic-bags-garbage-manila-bay

° https://www.rappler.com/move-ph/issues/disasters/19199 |-residents-evacuate-cugman-cagayan-de-oro-vinta
* http://www.philstar.com:8080/science-and-environment/2017/0 1/26/1666 162/stronger-regulation-plastic-

bags-urged


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

2276

HOUSE BILL NO.

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT
REGULATING THE PRODUCTION, IMPORTATION, SALE, PROVISION, USE,
RECOVERY, COLLECTION, RECYCLING AND DISPOSAL OF PLASTIC BAGS

Be it enacted by the Senate and House of Representatives of the Philippines
in Congress assembled:

SECTION 1. Short Title. — This Act shall be known as the “Plastic Bag Regulation Act
of 2018.”

SECTION 2. Definition of Terms. — For the purpose of this Act:

a) Biodegradable plastic bag — refers to a plastic bag that degrades into fine
wettable fragments through oxidation processes and thereafter attain molecular
structure suited for biodegradation that results from the action of naturally
occurring microorganisms such as bacteria, fungi and algae. Such plastic bags
shall, within twenty-four (24) months after its use, have a sixty percent (60%)
biodegradation where organic carbon is converted to carbon dioxide without
leaving significant harmful residues;

b) Commercial establishment - refers to an establishment or cluster of
establishments engaged in commerce or sales of goods or services including,
but not limited to, market stores, shopping mall outlets, supermarkets,
department stores, groceries, convenience stores, food chains, restaurants,
cafes, bars, sari-sari stores and the like;


c) Department — refers to the Department of Environmental and Natural
Resources (DENR);

d) Operator — refers to a person or group of persons in control of, or having daily

responsibility for, the daily operation of a store which may include, but not

limited to, the owner of the store;

Plastic bag — refers to a polymer bag designed to be provided or utilized at the

point of sale for carrying and transporting goods;

f) Reusable bag — refers to a washable canvass bag, a bayong or any shopping
bag used for carrying and transporting goods, which bags are made of organic
or non-organic materials and can be used several times.

e

SECTION 3. Biodegradable Plastic Bags. -— Six (6) months after the effectivity of this
Act, commercial establishments shall provide biodegradable plastic bags to their
consumers: Provided, That they shall promote and make available for sale locally-
made bayong, buli and other reusable bags that are made of abaca, water lily and
other organic or compostable materials: Provided Further, That establishments may
still provide other plastic bags as sanctioned under Section 5 of this Act.

For this purpose, the Department of Trade and Industry (DTI), in coordination with the
Department, leagues of local government units (LGUs), National Solid Waste
Management Commission (NSWMC), and other government and private agencies
and organizations concerned shall, within six (6) months from the effectivity of this Act,
promulgate the appropriate Philippine National Standard (PNS) for biodegradable
plastic bags: Provided, That the DTI shall consider in the PNS the recyclability of
biodegradable plastic bags.

SECTION 4. In-Store Recovery Program. - Within sixty (60) days after the effectivity
of this Act, the operator or cluster or operators of commercial establishments that
provide plastic bags to consumers as part of a purchase at retail, shall establish an in-
store recovery program that will give their customers an opportunity to return their used
plastic bags to the commercial establishments from which the plastic bags originated.

An in-store recovery program provided by the operator of said commercial
establishment shall include the following:


a) A plastic bag shall have printed or displayed on it in a manner visible to the
consumer, a logo and/or words showing that it is a biodegradable plastic bag;
A plastic bag printed with the name or logo of the establishment shall have
printed or displayed on it the words “PLEASE RETURN TO ANY STORE FOR
RECYCLING’, in addition to the requirements of the immediately preceding
paragraph;

Aplastic bag recovery bin shall be placed at each store or cluster of stores and
shall be visible, easily accessible to the costumer, and clearly marked that the
recovery bin is available for the purpose of collecting, recycling and disposal of
plastic bags;

All plastic bags recovered by the store shall be collected, transported, and,
whenever practicable, recycled and disposed by the LGUs pursuant to Section
8 of this Act;

e) The commercial establishment shall maintain records describing the recovery,

b}

c)

d)

collection, transport, and whenever applicable, recycling and disposal of plastic
bags collected for a minimum of three (3) years, and every year thereafter. It
shall make the records available to the Department and/or LGU, upon request,
to demonstrate compliance with this Act. The LGU concerned shall likewise
maintain records it has recovered, collected and transported for recycling or
disposal, and shall make the records available to the Department;

f) The commercial establishment shall require their customers to surrender an
equivalent or practically equivalent plastic bag for the provision of a new plastic
bag. Otherwise, the customer or consumer will be charged a fixed fee of One
Peso (Php 1.00) per plastic bag, which fee shall be reflected in their receipts;
and

g) The commercial establishment shall make local reusable bags available to
consumers within the establishment, which shall be purchased in lieu of
surrendering an old plastic bag or purchasing a new plastic bag.

SECTION 5. Phaseout of Non-Biodegradable Plastic Bags. — Notwithstanding the
provision of Section 4 of this Act, non-biodegradable plastic bags shall be gradually
phased out within a period of three (3) years from the effectivity of this Act. Thereafter,


production, importation, sale, distribution, provision or use of said bags shall be
prohibited.

SECTION 6. Lead Agency. - The Department, unless otherwise provided herein,
shall be the primary government agency responsible for the implementation and
enforcement of this Act.

SECTION 7. Linkage Mechanism. - The Department, in coordination with the DTI
and the NSWMC, shall consult, and enter into an agreement with other government
agencies or LGUs, or with concerned Non-Governmental Organizations (NGOs) or
People's Organizations (POs), or private enterprises in the furtherance of the
objectives of this Act.

SECTION 8. Role of Local Government Units (LGUs). - The LGUs shall have the
primary responsibility in the effort to decrease the percentage of plastic bag waste
produced within their respective territorial jurisdictions.

For this purpose, they shall primarily responsible for the collection, transportation,
recycling, and disposal of plastic bags recovered pursuant to this Act. The LGUs may
enjoin the participation of other concerned government agencies, private entities and
industries.

The Department of Science and Technology (DOST), in coordination with the National
Ecology Center, shall provide the LGUs with technical assistance, trainings and
continuing capability-building programs to attain the objectives of this Act.

SECTION 9. Fines and Penalties. - Violations of Sections 3, 4, and 5 of this Act shall
be penalized in the following manner:

a) A fine of not exceeding One Hundred Thousand Pesos (Php 100,000.00) for

the first offense;
b) A fine of not exceeding Two Hundred Fifty Thousand Pesos (Php 250,000.00)

for the second offense;


¢) A fine of not exceeding Five Hundred Thousand Pesos (Php 500,000.00) for
the third offense;

d) A fine of not exceeding Seven Hundred Fifty Thousand Pesos (Php 750,000.00)
and automatic revocation of its business permit for the fourth offense.

Fines shall be imposed based on the capitalization of commercial establishments. For
this purpose, the Department shall establish such classification of commercial
establishments.

For purposes of the imposition of appropriate fines hereof, the Department shall
establish classification of commercial establishment based on their capitalization.

Any fine collected pursuant to this section shall be retained by the barangay unit where
the store is located in order to augment its waste management capability.

SECTION 10. Administrative Action. - Without prejudice to the right of any person
to file an administrative action, the Department shall, on its own instance or upon
verified complaint by any person, institute administrative proceedings in the proper
forum against any natural or juridical person who violates any of the provisions of this
Act with respect to:

a) Standards and limitations provided by this Act; or
b) Such order, rule or regulation issued by the DTI with respect to such standard
or limitation.

SECTION 11. Independence of Action. — The filing of an administrative suit against
such person or entity does not preclude the right of any other person to file any criminal
or civil action.

SECTION 12. Enforcement. — The enforcement of the penal provision of this Act shall
be made through the Department, in coordination with the Office of the Mayor of the
LGU concerned.


SECTION 13. Joint Congressional Oversight Committee. - The Joint
Congressional Oversight Committee created under Section 60 of Republic Act No.
9003, otherwise known as the “Ecological Solid Waste Management Act of 2000”, shall
likewise monitor the implementation of this Act and review the implementing rules and
regulations promulgated by the Department.

SECTION 14. Implementing Rules and Regulations. — The Department, in
coordination with the DTI, the NSWMC and other relevant government agencies and
organizations shall, within six (6) months from the effectivity of this Act, promulgate
the implementing rules and regulations (IRR) governing this Act.

SECTION 15. Appropriations. - The amount necessary to carry out the provisions of
this Act shall be charged against the current year’s appropriations of the concerned
agencies. Thereafter, such sums as may be necessary for the operation and
maintenance of this Act shall be included in the General Appropriations Act.

SECTION 16. Separability Clause. — Should any provision herein be subsequently
declared invalid or unconstitutional, the same shall not affect the validity or the legality
of other provisions not so declared.

SECTION 17. Repealing Clause. — All laws, decrees, executive orders, rules and
regulations, or parts thereof which are inconsistent with this Act are hereby repealed,

amended or modified accordingly.

SECTION 18. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,