Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Eighteenth Congress
First Regular Session

HOUSE BILL NO. meat

Introduced by Representatives Ria Christina G. Farifias
and Rudys Caesar G. Farifias I

EXPLANATORY NOTE

Plastic has been the number one environmental issue that all
countries worldwide have been continuously and aggressively attempting
to address due to the alarming destruction it causes to animals and the
environment. It has been reported by the International Group of Ocean
Conservancy and McKinsey Center for Business and Environment in
2015 that the Philippines ranks third (3) in the world, as the biggest
source of marine plastic pollution.’ Unfortunately, given the minimal cost
and convenience of single-use plastic, it makes for an easier option for
manufacturers and business enterprises to manufacture, produce and
distribute. Likewise, the Philippines also has the highest trash collection
rate in Southeast Asia.”

Single-use plastic is defined as “disposal plastic” which can only
be usually used once.° This includes plastic bags, straws, polyethylene
terephthalate (PET) bottles and food packaging, among others, which are
heavily used in the Philippines. It is said that there are six (6)
multinational brands in the Philippines that contribute to plastic pollution
and manufacture, produce and distribute single-use plastic items.

Ke REPRESS

RECEIVED ”

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The Global Alliance for Incinerator Alternatives recently reported
that the Philippines uses nearly 60 billion sachets of single-use plastics
yearly, 48 million shopping bags daily and 16.5 billion “labo” bags or
transparent plastic bags yearly; with sachets being the number one non-
recyclable product due to its aluminum lining and other materials
manufactured in it. These sachets are used by almost all manufacturers —
shampoo, coffee, detergent brands and snacks, among others, especially
since a big percentage of Filipinos prefer purchasing products in sachets
due to lower price value and convenience. Specifically, 79% of these are
mostly used for food packaging, 12% for household products and 8% for
personal care products.

According to the Plastic Free Challenge — a social media event that
focuses on solutions to the plastic pollution problem in the United States,
the components of plastics when broken down in landfills or in water will
eventually find its way into our bodies and damage our Endocrine
System.‘ In a study conducted by the National Institute of Environmental
Health Sciences of the United States, plastic bottles are considered as
‘Endocrine disruptors’ which are chemicals that may interfere with the
Endocrine System. Exposure to Endocrine disruptors may result to
lowered fertility, and may cause endometriosis and cancer*.

However, even with local ordinances regulating the use of single-
use plastic, there is still the need for a nationwide implementation and
widespread campaign to raise awareness regarding the harmful effects of
single-use plastic and eliminate the use of the same.

In view of the foregoing, approval of this proposed measure is
earnestly sought.

RIA CHRISTIYA G. FARINAS RUD

* p/w mehs ih gowfbealyopic/agentslendocrinefindes fin

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
Eighteenth Congress
First Regular Session

4644
HOUSE BILL NO.

Introduced by Representatives Ria Christina G. Farifias
and Rudys Caesar G. Farifias I

AN ACT
REGULATING THE USE, MANUFACTURE, IMPORTATION AND
DISPOSAL OF SINGLE-USE PLASTICS, AND PROVIDING
PENALTIES, INCENTIVES AND LEVIES THEREFOR

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

SECTION 1. Title. — This Act shall be known as the “Single-Use
Plastics Regulation Act.”

SEC. 2. Declaration of Policy. — \t 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. The State
recognizes the importance of ensuring the health and well-being of all, of
building resilient infrastructure, of promoting inclusive and sustainable
industrialization, and of fostering innovation. The State shall build
sustainable cities and communities and promote responsible consumption

and production toward significant reduction of all kinds of pollution.
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In the enforcement of Republic Act No. 9003, otherwise known as
the “Ecological Solid Waste Management Act,” the State further
acknowledges the need to advance policies that will not only address
waste treatment and disposal, but also source reduction.

The State likewise recognizes the indispensable role of the private
sector in developing a self-reliant and independent national economy
effectively controlled by Filipinos by providing incentives to needed
investments.

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

a) Business enterprises refer to establishments engaged in the
production, manufacturing, processing, repacking, assembly or sale
of goods and services. It shall include service oriented enterprises,
retailers, self-employed or own-account workers, micro, small and
medium enterprises (MSMEs) and community-based business
enterprises;

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

) Plastic refers to any lightweight, hygienic and resistant material
including organic synthetic or processed materials that are mostly

thermoplastic or thermosetting polymers of high molecular weight


wv

which can be molded in a variety of ways and utilized in a range of
applications. Plastic does not biodegrade, but instead
photodegrades or slowly breaks down into smaller fragments of
microplastics over a period of five to over a thousand years,

depending on the material of the plastic.

d) Single-use plastics refer to disposable and non-biodegradable

e

plastics which are commonly used for plastic packaging and
include items intended to be used only once before they are thrown
away or recycled or whose quality makes them suitable for single
use only. These include items such as grocery bags, food
packaging films and bags, manufacturing water bottles, straws,
stirrers, containers, styrofoams, cups, sachets and plastic cutlery.
The Bureau of Product Standards (BPS) shall prescribe quality
standards for reusable plastic products that may be allowed in the
market.

Retailer refers to a person engaged in the business of selling
consumer products directly to consumers and in the process uses
single-use plastics for packaging and other purposes necessary for

their business; and


f) Source reduction refers to the reduction of solid waste before it
enters the solid waste stream by methods such as product design,
materials substitution, materials re-use and packaging restrictions.

SEC. 4. Scope. — This Act shall apply to the manufacture,
importation, use, recycling and disposal of all single-use plastics used in
trade or commerce in business enterprises, as well as by retailers and
consumers, wherever located in the Philippines, as defined under Section
3 of this Act.

SEC. 5. Phase-out of Single-use Plastics. — Within one (1) year
from the effectivity of this Act, single-use plastics shall be prohibited.
After one (1) year, no business enterprise, retailer or consumer may use
single-use plastic except when otherwise allowed under this Act.

In the interim period mentioned in this Section, the following shall
be enforced:

a) The use of single-use plastics by food establishments, stores,
markets and retailers shall be limited by the appropriate authorities;

b) Consumers shall be encouraged to divert to re-usable materials in
substitution for single-use plastics;

c) Collect, dispose of and recycle already manufactured single-use

plastics and in circulation in the general market;


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d) Business enterprises for which the use of single-use plastics is
indispensable shall recycle these single-use plastics in accordance
with Section 7 of this Act;

e) In the case of single-use plastics already manufactured and in
circulation at the time, the retailers shall charge the consumer a
minimum levy of five pesos (Php 5.00): Provided, That the amount
collected by the retailers under this subparagraph 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 said
bags, while (80%) shall be remitted monthly, quarterly or semi-
annually to the Special Plastic Fund created under this Act.

f) Food cotablishments, stores and markets shall give a discount of
five pesos (Php 5.00) to consumers who will bring their own
containers for their purchases including take-out of food and
beverage where the consumer brings re-usable containers;

At the end of one (1) year from the effectivity of this Act, continued
use by all business enterprises and use by consumers of single-use
plastics shall be strictly prohibited.

SEC. 6. Prohibition on the Importation of Single-use Plastics. —
One (1) year from the effectivity of this Act, the Bureau of Customs

(BOC), in coordination with relevant agencies such as the National Solid


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Waste Management Commission (NSWMC) of the DENR, the
Department of Trade and Industry (DTI), Department of Health (DOH),
and the Climate Change Commission (CCC) shall ensure that no single-
use plastics, including waste products from the same will be imported to
the country, except those that may be allowed under this Act. Tariffs shall
be correspondingly imposed by the Tariff Commission and collected by
the BOC, which shall be further specified in the implementing rules and
regulations of this Act.

SEC. 7. Recycling of Single-use Plastics. — Single-use plastics shall
be recycled. It shall be the duty of the plastic manufacturers to collect,
dispose of and recycle single-use plastics in a manner consistent with
existing laws, rules and regulations, and to ensure that no harmful
chemicals or substances are released to the environment.

The establishment of materials recovery facilities (MRFs) shall be
obligatory upon business enterprises. It shall serve as the collection points
for single-use plastics for disposal. Local government units, plastic
manufacturers and business enterprises shall put in place systems and
procedures for the proper collection of single-use plastics for disposal and
their delivery to the recycling centers.

Manufacturers shall also maintain records describing the recovery,

collection, transport and recycling of plastic bags collected annually and


shall make the records available to the NSWMC and the local
government unit concerned, upon request, to demonstrate compliance
with this Act.

Notwithstanding the prohibition on use, importation and production

of single-use plastics, local industries and businesses for whi

plastics are indispensable as may be determined by the NSWMC shall be

using and importing these plastic products. Local

manufacturers supplying plastic products to these industries may also

ymnliance

continue producing single-use plastics subject to

appropriate rules and regulations of the NSWMC in accordance with this

ic products under this Act must be disposed of and

managed by the business enterprise in accordance with this Act and its

SEC. 8. Proper Disposal and Management of Plastic Wastes. — The

‘egement of plastic wastes shall be done in accordance

with the provisions of Republic Act (RA) No. 9003.
In coordination with the DOST, the NSWMC shall develop the
appropriate standards for the disposal of plastic wastes, ensuring that zero

4 ond that ne harmful chemicals are released to the

environment in the process.


SEC. 9. Research and Development (R&D) for Single-use Plastic
Packaging Alternatives. — The Department of Science and Technology
(DOST) and NSWMC shall include in their respective programs and

ly, fund research on single-use plastic

packaging alternatives. Alternatives may include the following:

a) Natural polymers;

b) Biomass-based compostable bio-polymers such as starch, non-
starch thermoplastic bio-composite, synthetic biomass-based
polymers;

c) Upeycling;

d) Fiber production;

e) Life cycle assessment; and

f) Feasibility studies on willingness to pay, levies, tax, discount,
incentives, disincentives and recommended rates.

The NSWMC and DOST shall also provide assistance to the DENR

and the

cturers as regards the proper recycling and waste
management of single-use plastics, and in developing more
environmentally-friendly types of plastics used as primary packaging

materials.

(6) months from the effectivity of this Act, the DTI,

Technical Education and Skills Development Authority (TESDA),


Department of Labor and Employment (DOLE) and the Presidential
Communications Operations Office (PCOO), shall jointly conduct
comprehensive studies on the impact of this Act to affected plastic
industry employees and workers. They shall coordinate with plastic
industry groups and manufacturers, non-government and civil society
organizations and other concerned stakeholders for this purpose. In
partnership with the DOST and the National Ecology Center (NEC),
these agencies shall likewise develop a capacity-building program for
alternative livelihood opportunities for affected employees and workers in
areas such as recycling of plastic products and related cottage industries.

SEC. 10. Program for Affected Employees and Workers of the
Plastic Industry. — Within six (6) months from the effectivity of this Act,
the DOST, NEC, DTI, DOLE and TESDA shall undertake research and
technology development initiatives, pilot-testing of innovations and
technologies resulting from these studies, and capacity-building activities
with plastic-manufacturing industries and business enterprises for them to
adopt these technologies.

In coordination with the NEC, the DOST shall provide LGUs with
technical assistance, trainings and continuing capacity-building programs

to attain the objectives of this Act.


1

SEC. 11. Inclusion in the Philippine National Standards (PNS). —
The NSWMC, DOST and DTI through the BPS shall develop the
standards and include in the Philippine National Standards (PNS) the
single-use plastics, items or technologies resulting from studies which
were pilot-tested. It shall include the specifications of the single-use
plastics, items or technologies, taking into consideration existing and
available best technologies and internationally mandated and accepted
standards and in accordance with the provisions, mandates and standards
of this Act.

SEC. 12. Incentives for the Plastic Industries Shifting to
Alternatives. -— Business enterprises, individuals, cooperatives,
partnerships and corporations that engage in the manufacture of identified
alternatives to single-use plastics shall be given incentives provided for
under RA 9520, otherwise known as the “Philippine Cooperative Code of
2008,” RA 9178, otherwise known as the “Barangay Micro-Business
Enterprise Act of 2002,” RA 9501, otherwise known as the “Magna
Carta for Micro, Small, and Medium Enterprises,” Executive Order No.
226, as amended, otherwise known as the “Omnibus Investment Code of
1987” and RA 10771, otherwise known as the “Green Jobs Act of 2016.”

In coordination with the Department of Finance (DOF), the DENR and


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DTI shall provide technical and financial assistance to these
manufacturers.

Consistent with existing laws, rules and regulations, LGUs are
encouraged and are given authority to provide additional benefits and
incentives to these manufacturers within their jurisdiction in addition to
the benefits and incentives provided for in the immediately preceding
paragraph.

SEC. 13. Monitoring and Market Inspection. — \n coordination
with LGUs and local law enforcement agencies, the NSWMC and DTI
shall conduct regular inspection and monitoring of business enterprises
and facilities of manufacturers to determine compliance with this Act.
Monitoring and inspection shall include the following:

a) Entry or access to the premises of operation and business,

including storage rooms and stockrooms; and

b) Inspection of offsite storage facilities, distribution centers and

transshipment points.

SEC. 14. Certification. — After the conduct of a thorough
examination and inspection, the LGUs concerned shall issue the
necessary certificate to show whether or not business enterprises or
manufacturers in their jurisdiction are compliant with the mandates and

directives of this Act.


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In addition to other requirements by any existing law, government
tules and regulations, the certificate of compliance from the LGU shall be
a requirement for the renewal of any local permits.

SEC. 15. NSWMC as the Lead Implementing Agency. — The
NSWMC shall be the lead implementing agency for this Act. As such, it
shall perform the following functions:

a) Prepare the national strategic single-use plastic roadmap;

b) Lead the R&D agenda preparation, conduct of researches and
pilot-testing of identified alternatives;

c) Lead the development of standards for inclusion in the
Philippine National Standards (PNS) of the single-use
plastics, items or technologies resulting from studies which
were pilot-tested;

d) Review and monitor the implementation of the Act by:

i. Monitoring local-level enforcement through the
compilation of local-level ordinances on single-use
plastics;

ii, Conducting regular and routine inspections and
monitoring of business enterprises and facilities of
manufacturers as prescribed under Section 12 of this

Act; and


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iii, Collate all reports provided by concerned agencies
and LGUs for assessment;

e) Adopt a program to provide technical and other capability
building assistance and support to local government units,
business enterprises, concemed citizen groups and other
relevant stakeholders in the implementation and enforcement
of this Act;

f) Manage the Special Plastics Fund established under Section
21 of this Act; and

g) Develop safety nets and alternative livelihood programs for
business enterprises, plastic manufacturers, small recyclers
and other sectors that will be affected by the phase out of
single-use plastic.

SEC. 16. Role of Local Government Units and Other Stakeholders.
— Local government units shall have the primary responsibility to
decrease plastic bag waste produced within their respective jurisdiction.
They shall also be primarily responsible for the enforcement of the
prohibitions of this Act and the monitoring of the collection of recyclable
used plastic bags by manufacturers. For monitoring purposes, the LGUs
shall submit a quarterly report to the NSWMC and DTI on the

compliance of all concerned manufacturers and establishments.

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SEC. 17. Minimum standards for local ordinances. — Pursuant to
this Act, local government units must pass an ordinance to implement this
Act within their respective jurisdiction.

The provisions of this Act shall serve as minimum standards for
subsequent local ordinances. Nothing in this Act shall be construed as
limiting the authority of LGUs to enact ordinances which provide for
stricter measures and standards than those provided for in this Act.

SEC. 18. Public Information and Education Campaign. — \n
coordination with the DILG, DepEd, Commission on Higher Education
(CHED), PCOO, Philippine Information Agency (PIA) and the LGUs, the
DENR and NSWMC, shall conduct continuing information and education
campaign on the proper regulation of single-use plastics in the country.

Such campaign shall be incorporated in and shall be in addition to
the public information and education campaign under Section 55 of RA
No. 9003.

SEC. 19. Penalties and Sanctions. — Any person who violates this
Act shall suffer corresponding penalties and sanctions as provided in this
Section.

a) For business enterprises, micro, small and medium

enterprises, and all other enterprises and establishments not


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otherwise value-added tax (VAT) registered, the following

penalties shall be imposed:

iii.

First offense ~ A fine of five thousand pesos (Php
5,000.00);

Second offense — A fine of twenty-five thousand pesos
(Php 25,000.00) and suspension of its business permit
for three (3) months;

Third offense — A fine of fifty thousand pesos (Php
50,000.00) and suspension of its business permit for
one (1) year; and

Fourth offense - A fine of one hundred thousand
pesos (Php 100,000.00) and cancellation of its
business permit. The said business permit shall not be
eligible for renewal for a period of five (5) years.
Thereafter, the LGU concerned may grant the said
store a business permit, provided its operator can
show steps and measures have been put in place to
comply with this Act. Any subsequent violation after
the issuance of a new business permit shall perpetually
bar the said operator from conducting its business in

the LGU concemed.

15


b) For VAT-registered stores, establishments and enterprises,

and for all plastic manufacturers found violating this Act the

following penalties shall be imposed:

i,

iii.

First offense — A fine of fifty thousand pesos (Php
50,000.00);

Second offense — A fine of one hundred thousand
pesos (Php 100,000.00) and suspension of its business
permit for three (3) months;

Third offense — A fine of two hundred fifty thousand
pesos (Php 250,000.00) and suspension of its business
permit for one (1) year; and

Fourth offense — A fine of five hundred thousand
pesos (Php 500,000.00) and permanent suspension for
its business permit. The said business permit shall not
be eligible for renewal for a period of five (5) years.
Thereafter, the LGU concerned may grant the said
store with a business permit, provided its operator can
show that steps and measures have been put in place to
comply with this Act. A further violation after the

issuance of a new business permit shall perpetually bar


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the said operator from conducting its business in the
LGUs concerned.

If the offenders in (a) or (b) above is a corporation, trust or firm,
partnership, association or any other entity, the penalty shall be imposed
on the entity’s responsible officers including the president, chief
executive officer, general manager, managing director or partner directly
responsible thereof.

SEC. 20. Administrative Sanctions. — Local government officials
who fail to comply with and enforce this Act shall be administratively
charged in accordance with RA 7160, otherwise known as the “Local
Government Code of 1991” and other existing laws, rules and regulations.

SEC. 21. Special Fund for Single-use Plastics Regulation. — A
Special Fund for Single-use Plastics Regulation (herein referred to as the
“Fund”) is hereby created. It shall be composed of tariffs, levies, fees and
fines collected pursuant to the implementation and enforcement of this
Act. The Fund shall be administered by the NSWMC.

The Fund shall be used to support the strict implementation and
enforcement of this Act as follows:

a) Strengthen the operations of the NSWMC relative to the

implementation of this Act;


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b) Improve the capacity of LGUs and local law enforcement
agencies for the implementation of this Act;

c) Establish recycling centers or re-modelled business enterprise
that exhibit best practices as no single-use plastic zones in
each region or province;

d) Conduct impact evaluation studies relevant to the
implementation of this Act, especially on areas of economic
contributions, environmental and public health through the
Department of Health;

e) Conduct of information and education campaigns on single-
use plastics regulation and related environmental awareness
measures;

f) Continuous development and performance of basic and
applied research in relation to regulation and utilization of
single-use plastics;

g) Assistance and provision of incentives for manufacturers and
community-based initiatives on source reduction of single-use
plastics, as well as for nongovernment and civil society
organizations promoting proper solid waste management; and

h) Additional provisions for the Solid Waste Management Fund

under RA 9003.


The Fund may be augmented by donations, endowments, grants and
contributions which shall be exempt from donor’s tax and may be
claimed as allowable deductions from the gross income of the donor, in
accordance with the provisions of the National Internal Revenue Code of
1997, as amended.

SEC. 22, Access to Information. — The public shall have access to
records, reports or information concerning the implementation of this
Act.

Such documents shall be available for inspection or reproduction
during regular business hours: Provided, That the DENR or the
concerned LGU may consider a record, report, information or particular
portions thereof confidential and not for public release when such would
divulge trade secrets, production or sales figures or methods, production
or processes unique to such manufacturer, seller or distributor, or would
otherwise tend to affect adversely the competitive position of such
manufacturer, seller or distributor.

SECTION 23. Citizens’ Suit. — For purposes of enforcing the
provisions of this Act or its implementing rules and regulations, any
citizen may file an appropriate civil, criminal or administrative action in

the proper courts or administrative bodies against:


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a) Any person who violates or fails to comply with the
provisions of this Act and its implementing rules and
regulations;

b) A department or government agency with respect to orders,
rules and regulations issued inconsistent with this Act; and

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Any public officer who willfully or grossly neglects the
performance of an act specifically enjoined as a duty by this
Act or its implementing rules and regulations; or abuses
authority in the performance of duty; or in any manner
improperly performs duties under this Act or its implementing
tules and regulations: Provided, That no suit can be filed
unless a 30-day prior notice has been given to the public
officer or the alleged violator concerned and no appropriate
action has been taken thereon.

SEC. 24. Suits and Strategic Legal Action Against Public
Participation. — Where a suit is brought against a person who filed an
action as provided in Section 23 of this Act, or against any person,
institution or government agency that implements this Act or any other
consumer related laws, rules and regulations, it shall be the duty of the
investigating prosecutor or the court, as the case may be, to immediately

make a determination within a period not exceeding thirty (30) days

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whether said legal action has been filed to harass, vex, exert undue
pressure or stifle such legal recourses of the person complaining or
enforce the provisions of this Act.

This provision shall also apply to public officers who are sued for
acts committed in their official capacity, there being no grave abuse of
authority in the course of enforcing this Act, its rules, regulations and
guidelines.

SEC. 25. Appropriations. - The amount necessary for the
implementation of the provisions of this Act shall be included in the
annual appropriations of the DENR and other implementing agencies
under the General Appropriations Act (GAA).

SEC. 26. Congressional Oversight Committee. - The Joint
Congressional Oversight Committee created under Section 60 of RA
9003 shall also have the power to monitor and evaluate the
implementation of this Act.

SEC. 27. Implementing Rules and Regulations. — In coordination
with the DTI, DILG, CCC and concerned government agencies and
representatives of LGU organizations, the NSWMC shall promulgate the
necessary implementing rules and regulations for this Act within one

hundred (100) days from the effectivity of this Act.

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SEC. 28. Separability Clause, — If any provision of this Act is
declared invalid or unconstitutional, the other provisions not affected by
such declaration shall remain in full force and effect.

SEC. 29. Repealing Clause. — All laws, executive orders,
administrative orders and rules and regulations inconsistent with this Act
are hereby repealed or amended accordingly.

SEC. 30. 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,

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