Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session
Hous: ;ill.No.  6453
Introduced by Rep. ANGEL0 MARCOS BARBA
2nd District, Ilocos Norte
EXpljANAIORY 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
right of the people to a balanced and healthful ecology in accord with the
rhythm 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.


2
Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session
Houseisiii'ino.6453
Introduced by Rep. ANGELO MARCOS BARBA
2nd District, Ilocos Norte
AVAor
REGUIATING THE pRODuorloN, IMpORTATION, SALE, AND
USE OF SINGI.E-USE PI.ASTICS, PROVIDING FUNDS THEREFOR,
AND FOR OTHER PURPOSES
Be it  enacted by  the  Senate  cmd the  House  Of Represeittatives  Of the
Philippines in Congress asse:mbled:
SEcrl0N 1. Short 7ltze. - This Act shall be known as the ``Si.ngJe-Use
Plastic Regurdtion Act."
SEcrl0N  2.  DecJaraft.on  o/ Poziegr.  -  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.  Couerage.  -  This  Act  shall  apply  to  the  production,
importation,  use,  disposal,  and  sale  of  all  single-use  plastics  in  trade  or
commerce, in business enterprises, as well as by retailers and consumers, in
the Philippines.
SEcrl0N  4.  De/ini.n.on  o/ Temis.  - The terms used in this Act  are
defined as follows:
a.   Business   entexpri.se   -   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;


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c.   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.
d.  Disposal - refers to the discharge, deposit, dumping, spilling, leaking,
or placing of waste into or on land or bodies of water;
e.   Jncenn.I;es  -  refers  to  incentives  provided  for  and  as  defined  in
Republic    Act    No.    9178,    otherwise    known    as    the    Barangay
Micro-Business   Enterprise  Act  of  2oo2,   Republic  Act  No.   95ol,
otherwise known as the Magma Carta for Micro, Small, and Medium
Enterprises,  Republic Act No.  1o771,  otherwise known as the Green
Jobs Act of 2ol6, 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;
f.   Packaging maferrdz - 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;
9.  PJasft.c - 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;
h.  Req/CJI.ng  -  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;
i.   Refaz7er  -  refers  to  a  person  engaged  in  the  business  of  selling
products directly to consumers;
j.   Reusable  maferrdJ  -  refers to  any material  specifically designed  or
manufactured  for  multiple  usages  and  shall  meet  the  following
conditions:
Capable of composting and is biodegradable;
Recyclable; and
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).


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k.  Single-use pzasn.c  -  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;
SHCTroEN 5. Prohibition Of Single-Use Plasties cmd Levy fior the Use in
the J7iferi.in Pert.od. - 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;
b.   Prohibition  on  the  issuance  of  single-use  plastics  by  food
establishment, stores, markets, and retailers;
c.   Diversion  of  consumers  to  usage  of  reusable  materials  in
substitution of single-use plastics;
d.  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;
e.   Collection,    reeycling,    and   disposal   by   manufacturers   of
single-use plastics  manufactured and/or in  circulation in the
general market;
f.   Recycling of unavoidable single-use plastics by manufacturers;
9.   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.oo);
h.  The  amount collected in  subparagraph  (g)  of this  Section by
retailers shall be reflected in the official receipt. Twenty percent
(2o%)  of  the  said  amount  shall  be  kept  by  the  business
enterprise  to  cover  the  cost  of the  single-use  plastics,  while
eighty percent (8o%) shall be remitted quarterly to the Special
Fund created under this Act;
SHCTrorN  6. Prohibition on the Importation Of Single-Use Plastics. -
Importation of single-use plastics shall be prohibited upon effectivity of this
Act.


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SHouopr  7.  Reeycling  Of Single-Use  Plastics.    AIL  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.  9oo3 and
existing laws, rules and regulations. The minimization or absence of negative
externalities in the process shall likewise be ensured by the manufacturers.
SmcITOIN  8. Ptogrcm for Affiected 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 I.abor and Employment (DOLE), and the
Technical  Education  and  Skills  Development Authority  (TESDA),  with the
help  of  I.ocal  Government  Units  (LGUs)  shall  provide  capacity  building
programs, technical assistance, and trainings to relevant stakeholders.
SECI`ION 9. ShiJh.7ig to AJfematr.ues ~ 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.
SmcTIOIN   lo.   Incentives  fior   Shi!fting   to  Alternatives.   -   B:\:isiness
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 2oo2,  Republic Act No.
95ol,  otherwise known as the Magma Carta for Micro,  Small,  and Medium
Enterprises, Republic Act No. 1o771, otherwise known as the Green Jobs Act
of 2ol6,  and  Executive  Order  No.  226,  otherwise  known  as  the  Omnibus
Investment Code of 1987.
SmcTIOIN   11.   Certiifecation,   Monitoring,   and   Inspection.   -   'The
Department of Trade and Industry (DTI), 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.
SEcrl0N 12. Jn/ormatt.on and Edrcan.o7i Campai.gn. - 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.


6
SECTION 13. PenaJtr.es and Sancft.ous. -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
OVAT)-registered:
a)  First Offense -A fine of ten thousand pesos (Phplo,ooo.oo);
b)  Second Offense - A fine of fifty thousand pesos (Php5o,ooo.oo)
and suspension of business permit for one (1) year; and
c)  Third   Offense   -   A   fine   of  one   hundred   (Phploo,ooo.oo),
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
(Phploo,ooo.oo);
b)  Second  Offense  -  A  fine  of  five  hundred  thousand  pesos
(Php5oo,ooo.oo) and suspension of its business permit for one
(1) year; and
c)  Third Offense - A fine of one million pesos (Php1,ooo,ooo.oo),
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.  716o  and other existing laws, rules, and
regulations.
SEcrl0N  14.  Speci.aJ  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:


7
a)  Capacity-building of LGUs and local law enforcement agencies for the
purposes of this Act;
b)  Establishment of reeycling 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
g)  Additional  provisions  for the  Solid Waste  Management  Fund under
Republic Act No. 9oo3.
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.
SEcrloN 15. Access fo Jn/ormatio7t and Pubzie DiscJost{re. - 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.
SECI`ION 16. Approprt.afrous. - 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.   CongressfonaJ   Ouers].ghf   Commz.tree.    -   The   joint
Congressional Oversight Committee created under Section 6o of Republic Act
No.   9oo3   shall   also   have   the   power   to   monitor   and   evaluate   the
implementation of this Act.
SECTION  18.  JmpJemenn.ng  Ruzes  and  ReguJan.ous.  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 (12o) days after the effectivity of this Act.
SECI`ION  19.  Separabilt.rty  Czause.  -  If any  provision  of this  Act  is
declared invalid, the remainder or any provisions thereof not affected thereby
shall remain in force and effect.


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SECI'ION 2o. RepeaJi.ng CJause. - 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.
SECI'ION 21. Ejrecn.I;1.rty  CZouse.  - This Act shall take effect upon its
publication in two (2) newspapers of general circulation.
Approved,