SEVENTEENTH CONGRESS OF THE )

REPUBLIC OF THE PHILIPPINES )
Third Regular Session )
SENATE
s.B. No, 1873 he &

Introduced by Senator SONNY ANGARA

(AN ACT
REGULATING THE USE, RECOVERY, COLLECTION, AND DISPOSAL OF
PLASTIC DRINKING STRAWS IN COMMERCIAL ESTABLISHMENTS AND IN
PRE-PACKED BEVERAGES

EXPLANATORY NOTE
Non-biodegradable materials, particularly plastics, have been flagged by the
Department of Environment and Natural Resources (DENR) as a serious threat to
marine life and ecology.

Unfortunately, the Philippines was ranked third among the countries with the
most ocean plastic pollution according to a 2015 foreign study. Various reports from
civic organizations have also noted that the country contributed approximately 1.8
million tons of mismanaged plastic waste to what experts are calling the rapid
plasticization of the oceans.

Much of this waste is comprised of single-use plastics such as straws.
Considering the size of plastic straws, these materials are less likely to be recovered
for recycling while being mistakenly consumed by marine species as food. These
debris attach to limbs and other vital organs of fishes and other sea species as
vividly exemplified by the viral video of a sea turtle with a plastic straw blocking its

nose.



Hence, this bill is necessary to regulate the use, recovery, collection, and
disposal of plastic drinking straws in commercial establishments and in pre-packed
beverages primarily through the collection of a fee that shall be utilized to fund
environmental programs focused on maintaining Philippine waters and to create
technical assistance programs for micro, small, medium enterprises (MSME).

This measure is an important step in not only curbing plastic wastes that end
up in our oceans, but also in creating necessary programs to abate this pollution.

In view of the foregoing, the passage of this bill is earnestly sought.

SONNY ANGARA



CO OVNanrWwne

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SEVENTEENTH CONGRESS OF THE )

REPUBLIC OF THE PHILIPPINES ) ai nt
Third Regular Session )
18 Wh16 M054
SENATE
s.B.No.1873 tes ff

Introduced by Senator SONNY ANGARA

AN ACT
REGULATING THE USE, RECOVERY, COLLECTION, AND DISPOSAL OF
PLASTIC DRINKING STRAWS IN COMMERCIAL ESTABLISHMENTS AND IN
PRE-PACKED BEVERAGES

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

Section 1. Short Title. - This Act shall be known as the “Straw Regulation
Act.”

Sec. 2. Declaration of Policy. — It is the policy of the State to protect and
promote the right of to a balanced and healthful ecology and the right to health.
Towards this end, the State shall institute a program that will materialize to further
develop the protection of the environment, particularly Philippine waters, through
the regulation of plastic drinking straws.

Sec. 3. Regulation of Plastic Drinking Straws in Commercial Establishments. —
All commercial establishments engaged in the sale of food and beverages, including
sari-sari stores, department stores, pharmacies, and drug stores, shall charge and
collect a Plastic Straw Fee amounting to Two Pesos (2.00) per plastic drinking
straw regardless of size: Provided, That plastic drinking straws or tubes used for
medical purposes and those used by senior citizens and persons with disabilities
(PWD), and individuals who have limited mobility caused by stroke, arthritis, and
other medical conditions whether or not these individuals have a Senior Citizen or
PWD card, shall be exempt from the Plastic Straw Fee: Provided, further, That the
imposition of the same shall be implemented six (6) months after the effectivity of



this Act for the information campaign initiated by the Department of Environment
and Natural Resources (DENR).

A record that specifies amount of Straw Fee collected and pieces of plastic
drinking straws provided shall be kept in the place of business of these commercial
establishments that can be accessed during operating business hours.

Sec. 4. Offer-First Policy. — All commercial establishments shall implement an
offer-first policy where customers shall only be provided plastic drinking straws upon
request: Provided, That this policy shall not apply to senior citizens and persons with
disability. All food establishments are required to post infographics in conspicuous
places within and outside the store and in areas near the counter to appraise all
customers of the offer-first policy.

Sec. 5. Straw Disposal and Collection in Commercial Establishments. - The
DENR is hereby directed to formulate guidelines, rules, and regulations for the
creation or establishment of straw disposal and collection facilities in commercial
establishments in accordance with Republic Act No. 9003 or the Ecological Solid
Waste Management Act and other applicable laws as specified under the
implementing rules and regulations of this Act. There shall be a random check as to
the compliance with the duly set protocols set for the disposal and collection of the
same.

There shall be at least one (1) Central Straw Disposal Unit created per
province for the proper recovery of plastic straw and other similar items
administered by the DENR and the concerned provincial government unit in
coordination with local chambers of commerce and other civic organizations.

Sec. 6. Regulation of Plastic Drinking Straws on Pre-Packed Beverages. —
Plastic drinking straws on pre-packed beverages shall be separated from the same
and shall only be provided at the point-of-sale of the commercial establishment
engaged in the sale of food and beverages upon payment of the Plastic Straw Fee
amounting to Two Pesos (P2.00) per plastic drinking straw six (6) months upon the
effectivity of this Act.

DENR, in cooperation with the Department of Trade and Industry (DTI), is
hereby directed to conduct random checks on all commercial establishments



engaged in the sale of pre-packed beverages to inspect compliance as specified
under the implementing rules and regulations of this Act.

Sec. 7. Environmentally Sustainable Pre-Packed Beverages. - DENR, DTI, the
Department of Science and Technology (DOST), the Department of Health (DOH),
and the Food and Drug Administration (FDA) shall formulate designs for
commercially sold pre-packed beverages that would allow consumption without
using plastic drinking straws and recommend the same to beverage manufacturers.

Preliminary designs for environmentally sustainable pre-packed beverages
shall be created within six (6) months upon effectivity of this Act with proper
consultation of beverage manufacturers, consumer groups, and other concerned
stakeholders as determined by the involved government agencies. The final designs
shall be created within six (6) months after the release of preliminary designs.

Sec. 8. Straw-Free Seal Program. - To encourage commercial establishments
and manufacturers of pre-packed beverages to lessen the use of plastic drinking
straws, a Straw-Free Seal Program shall be created by the DENR. This program shall
be a guide used by consumers in selecting commercial establishments and pre-
packed beverages that are environmentally sustainable.

A Straw-Free Seal shall be displayed on commercial establishments that are in
compliance with the provisions of this Act. Further, beverages packaged following
the designs approved by DENR, DTI, and DOST shall bear the same seal, such that
the criteria of this Section shall be specified under the implementing rules and
regulations of this Act.

Sec. 9. Penalties. - Commercial establishments that violate Sections 3 and 5
of this Act shall be penalized with a fine not exceeding P10,000.00 for first offense,
a fine not exceeding P20,000.00 for the second offense, and a fine not exceeding
50,000.00 and cancellation of business permit. The DENR shall be responsible as to
the imposition of fines: Provided, That the same agency shall be in coordination with
the DTI as to the cancellation of business permit of erring commercial
establishments.

Sec. 10. Disposition of Proceeds. - The proceeds of the Straw Fee and fines
paid from penalties shall be appropriated for the environmental programs focused
‘on the protection and clean-up of Philippine waters, rivers, seas, and oceans that



shall include information and awareness campaign on the effect of plastic drinking
straws to aquatic animals and marine ecosystems, and technical assistance
programs, such as trainings, workshops, and other capacity building initiatives for
micro, small, and medium enterprises (MSME) and social enterprises that create
sustainable products.

Sec. 11. Appropriations. - The amount necessary to cover the implementation
of this Act shall be included in the budgets of DENR, DOST, DTI, DOH, and FDA in
the annual General Appropriations Act (GAA).

Sec. 12. Implementing Rules and Regulations. — Within ninety (90) days from
the approval of this Act, the DENR, in consultation with DOST, DTI, DOH, and FDA
shall formulate the implementing rules and regulations of this Act.

Sec. 13. Separability Clause. — If any provision of this Act is held invalid or
unconstitutional, the other provisions not so declared shall remain in force and
effect.

Sec. 14. Repealing Clause. — All laws, decrees, orders, rules and regulations
contrary to or inconsistent with the provisions of this Act are hereby repealed or
amended accordingly.

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

Approved,