ETGTTTEENTTT CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE 
S.B. No. 
^ 5 7
«
' tDfi V o( l'*f 
■ • ' •■**
•19 
JUL 16 P2--47
R tC E tV E O : 
_ _ _ _ _ _
INTRODUCED BY: SENATOR EMMANUEL D. PACQUIAo[)
AN ACT
PROHIBITING THE USE OF SINGLE-USE PLASTIC PRODUCTS IN ALL RETAIL 
ESTABLISHMENTS, AND PROVIDING PENALTIES FOR VIOLATIONS
THEIHlOF
EXPLANATORY NOTE
Article 2, Section 16 of the 1987 Constitution provides 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.”
In a report by Ocean Conservancy and McKinsey Center for Business and Environment, 
the Philippines was ranked as the third largest producer of plastic wastes leaking into the ocean 
and has the highest trash collection rates in Southeast Asia. In a similar report by the Global 
Alliance for Incinerator Alternatives (GAIA), an inquiry showed that the country uses an 
alarming amount of single-use plastic which includes, but not limited to, around 60 billion 
sachets a year, and a daily use of 48 million shopping bags or 17 billion a year. In addition, the 
country consumes 16.5 billion “labo” bags annually.
It is common knowledge that the use of plastics threatens the environment. Its 
culpability ranges from clogging waterways that lead to flooding up to perpetrating diseases 
and death of marine animals. Undeniably, plastic wastes have continually threatened the entire 
ecosystem and consequently affect food sources, livelihoods, human health, and furthered 
economic burdens in general.
A continued apathy and unresponsiveness to these distressing consequences will in no 
way reduce the wastes we continue to produce every day but only double the same as the time 
goes by. There is an urgent need not only to reduce but to prohibit the use of these single-use 
plastic products.
In this regard, this bill seeks to prohibit the use of single-use plastic products in all 
retail establishments and promote the use and manufacture of alternatives to said products to 
prevent further damage to the environment and ensure a livable and healthful community.


In view of the foregoing, the approval of this bill is earnestly soug^
KM MANUK


EIGHTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
'19
S.B. No.
rO 
1
'19 
.1116 P2 -47
2 vY:
INTRODUCED BY: SENATOR EMMANUEL D. PACQUIA<&
AN ACT
PROHIBITING THE USE OF SINGLE-USE PLASTIC PRODUCTS IN ALL RETAIL 
ESTABLISHMENTS, AND PROVIDING PENALTIES FOR VIOLATIONS
THEREOF
Be it enacted by the Senate and House ofRepresentatives of the Philippines in Congress 
assembled:
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Section 1. Short Title. -  This Act shall be known as the “Single-Use Plastics Ban Act 
o f2018”
Section 2. Declaration of Policies. -  It is the policy of the State to afford full protection 
and the advancement of the right of the people to a healthful ecology in accord with the rhythm 
and harmony of nature.
Section 3. Definition of Terms
Business enterprises 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 (MSMEs) and community-based business enterprises;
Consumer refers to a person who is a purchaser, lessee, recipient or prospective 
purchases, lessor or recipient of consumer products, services or credit
Disposal refers to the discharge, deposit, dumping, spilling, leaking or placing of any
waste;
Plastic refers to a lightweight, hygienic and resistant material which can be molded in 
a variety of ways and utilized in a wide range of applications;
Recyclable material refers to any waste material retrieved from the waste stream and 
fee from contamination that can still be converted into suitable beneficial use or for other 
purposes, including, but not limited to, newspaper, ferrous scrap metal, non-ferrous scrap 
metal, used oil, corrugated cardboard, aluminum, glass, office paper, tin cans and other 
materials as may be detennined by the National Solid Waste Management Commission 
(NSWMC);


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Recycled material refers to post-consumer material that has been recycled and returned 
to the economy;
Recycling shall refer to the treating of used or waste materials through a process of 
making them suitable for beneficial use and for other purposes, and includes any process by 
which solid waste materials are transformed into new products in such a manner that the 
original product may lose their identity, and which may be used as raw materials for the 
production of other goods or services;
Retailer refers to a person engaged in the business of selling consumer products directly 
to consumers;
Re-use refers to the process of recovering materials intended for the same or different 
purpose without the alteration of physical and chemical characteristics;
Reusable material/plastics/packaging shall refer to any material specifically designed 
and manufactured for multiple re-use and extended life. It must be capable of composting and 
is biodegradable, it must be accepted for recycling and must not contain any toxic or harmful 
substance or chemical, including lead, cadmium, or any other heavy metal as provided for by 
existing rules and
Single-use plastics -  refers to disposable plastics which are commonly used for plastic 
packaging and include items intended to be used only once before they are disposed or recycled. 
These include, but are not limited to, items such as grocery or ‘sando’ bags, food packaging 
films and bags, manufacturing water bottles, straws, stirrers, containers, expandable 
polystyrene (EPS) foams or styrofoams, cups, sachets, and plastic cutlery;
Section 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 all business enterprises, as 
well as by retailers and consumers across the country, as defined under Section 3 of this Act.
Section 5. Phase-out of Single-Use Plastics; Interim Period -  The phase-out of single­
use plastics by all to consumers shall be in full force and effect one (1) year from the effectivity 
of the Act.
In the interim period of 1 year, the following shall be enforced;
1. The use of single-use plastics by food establishments, stores, markets and retailers 
shall be strictly prohibited;
2. Single-use plastics already manufactured, used, and in circulation in the general 
market shall be collected, recycled, and properly disposed of by the plastic 
manufacturers in a manner consistent with the existing laws, rules, and regulations;
3. The use of re-usable materials by consumers in substitution for single-use plastics 
shall be fostered;
4. For single-use plastic materials which cannot be avoided, business enterprises must 
ensure that these are recycled in accordance with Section 6 of this Act;
5. For every piece of single-use plastics already manufactured and in circulation at the 
time, the retailers shall charge the consumer a minimum levy of five pesos 
(PhpS.OO).


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At the end of one (1) year period, and upon full effectivity of this Act, the further and continued 
provision by all business enterprises and use by consumers of single use plastics shall be strictly 
prohibited.
Section 6. Recycling of Used Single-Use Plastics. -  It shall be the responsibility of the 
plastic manufacturers that the used single-use plastics be collected, recycled, and properly 
disposed in a manner consistent with this Act and pertinent existing laws, rules, and regulations. 
No harmful chemicals or substances must be released to the environment in the course of the 
procedure.
Manufacturers shall also maintain records describing the recovery, collection, transport, 
recycling of plastic bags collected annually and shall make the records available to the National 
Solid Waste Management Commission (NSWMC) and the local government unit concerned to 
demonstrate compliance with this Act.
The establishment of Materials Recovery Facility (MRFs), which shall be obligatory 
upon the business enterprises, shall serve as the collection points for used single-use plastics. 
LGUs, plastic manufacturers and business enterprises shall put systems and procedures in place 
for the proper collection of the used single-use plastics and its delivery to the recycling centers.
Section 7. Proper Disposal and Management of Plastic Wastes -  The disposal and 
management of plastic waste shall be done in accordance with the provisions of Republic Act 
No. 9003, or the “Ecological Solid Waste Management Act of 2000.”
The DENR, in coordination with the DOST, shall develop the appropriate standards for 
the disposal of plastic wastes, ensuring that zero emissions are achieved and no harmful 
chemicals are released to the environment in the process.
Section 8, Research and Development (R&D) for Single-Use Plastic Packaging 
Alternatives -  The DOST and NSWMC shall include in their respective programs and R&D 
Agenda, and consequently fund research on single-use plastic packaging alternatives.
Section 9. Certification. -  The LGUs concerned, after the conduct of a thorough 
examination and inspection, 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.
The LGU certification shall be a requirement for the renewal of any local permits, in 
addition to the DILG-DTI-DICT Joint Memorandum Circular No. 1, s. 2016, after the 
effectivity of this Act.
Section 10. NSWMC as the Lead Implementing Agency and Other Functions. -  The
NSWMC created pursuant to Section 4 of R.A. 9003 shall be the lead implementing agency 
for this Act. It shall aid and assist other agencies involved in the implementation and 
enforcement of this Act.
Section 11. Role of Local Government Units, and Other Stakeholders. -  LGUs shall 
have the primary responsibility in the effort to decrease the percentage of plastic bag waste 
produced within their respective jurisdictions. 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.


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Section 12. Effect on LGU ordinances effective before or after effectivity of this Act. -  
LGU ordinances imposing bans and prohibitions on the use of plastic bags, promulgated and 
enforced prior to the effectivity of this Act, shall be considered as automatically amended in 
line with the provisions and mandates of this Act.
LGUs that do not have ordinances enacted upon the effectivity of this Act are also 
encouraged to enact their respective ordinances in line with the provisions and mandates of this 
Act.
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.
Section 13. Public Information and Education Campaign. -  The DENR, in 
coordination with the LGUs, DILG, DepEd, Commission on Higher Education (CHED), 
PCOO, and Philippine Information Agency (PIA), shall conduct a 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 R.A. No. 9003.
Section 14. Penalties and Sanctions. -  Violations of this Act, starting the first year from 
the effectivity shall be imposed.
a. For Business Enterprises, Micro, Small and Medium Enterprises as defined in R.A. 
6977, as amended, Barangay Micro Business Enterprises under R.A. 9178, and all 
other enterprises and establishments not otherwise value-added tax (VAT) 
registered, the following penalties shall be imposed:
FIRST OFFENSE -  A fine of FIVE THOUSAND PESOS (P5,000.00)
SECOND OFFENSE -  A fine of TWENTY-FIVE THOUSAND PESOS 
(25,000.00) and suspension of their business permit for six months.
THIRD OFFENSE -  A fine of FIFTY THOUSAND PESOS (P50,000.00), 
suspension of their business permit for a period of one year and the operator 
of the store will be required to attend a two-day forum on environment 
protection to be conducted by the DENR in cooperation with an accredited 
pro-environment non government organization.
b. For VAT registered stores, establishments, and enterprises, and for all plastic 
manufacturers found violating this Act, the following penalties shall be imposed:
FIRST OFFENSE 
(P50,000.00);
A fine of FIFTY THOUSAND PESOS
SECOND OFFENSE -  A fine of ONE HUNDRED THOUSAND 
PESOS (P100,000.00) and suspension of its business permit for three 
(3) months;
THIRD OFFENSE -  A fine of TWO HUNDRED FIFTY THOUSAND 
(P250,000.00) and suspension of its business permit for one (1) year.


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Continuous offense after the third offense by parties under (a) or (b) shall cause the revocation 
of the store’s business license.
Section 15. Administrative Sanctions. -  Local government officials and officials of 
government agencies who fail to comply with and enforce this Act shall be administratively 
charged in accordance with R.A. 7160 and other existing laws, rules, and regulations.
Section 16. Appropriations. -  Such amount as may be necessary to implement the 
provisions of this Act is hereby included in the annual appropriations of the DENR and other 
implementing agencies under the General Appropriations Act (GAA).
Section 17. Implementing Rules and Regulations -  The NSWMC, DENR, in 
coordination with the DTI. DILG, CCC and the concerned government agencies and 
representatives of LGU organizations shall issue Implementing Rules and Regulations within 
one hundred (100) days after the effectivity of this Act. The said IRR shall specify and provide 
detailed provisions of this Act that needs further clarity in terms of scope, coverage and 
definitions.
Section 18. Construction. -  The best interests of the consumer and the right to a 
healthful and balanced ecology shall be considered in the construction and interpretation of this 
Act and its IR.
Section 19. Separability Clause. -  If any provision of this Act shall be declared invalid 
or unconstitutional, the remaining part of provisions not otherwise affected shall remain in 
force.
Section. 20. Repealing Clause. -  All existing laws or parts thereof inconsistent with 
the provisions of this Act are hereby repealed or modified accordingly.
Section. 21. Effectivity Clause. — This Act shall take effect fifteen (15) days after its 
publieation in the Official Gazette or in at least two (2) national newspapers of general 
cireulation.
Approved,