REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session
2262

HOUSE BILL NO.

Introduced by Representative HON. RAYMOND DEMOCRITO C. MENDOZA
TUCP PARTY-LIST

EXPLANATORY NOTE

In 2002, around 4 to 5 trillion plastic bags were produced globally. Out of these production, it is
estimated that 500 billion plastic bags are thrown worldwide every year. Rustan’s Supermarkets,
for example, distributed 5.5 million plastic bags every month before it launched its Reusable Bag
Program in July 2007 (Sunday Inquirer Magazine, October 19, 2008). Most of these bags end up
in landfills or dumpsite, if not in the waterways or esferos. Metro Manila generates around 5,637
tons of garbage that end up in dumpsites. Also, plastic wastes in the sea was proven to harm
about 267. species when they accidentally ingest them or get entangled with the debris. It has
even caused the death of two giraffes in Manila Zoo when they accidentally ate these bags
hanging on trees.

However, a plastic bag requires more than a thousand years to fully dissolve. Before it
disintegrates, a plastic bag may contaminate the soil, clog drainages and waterways or pose &
threat to wildlife. In the aftermath of Super typhoon Ondoy which devastated the country last
year and caused massive floodings in Metro Manila, the presence of ubiquitous plastic bags
clinging. to tree branches or hanging by electric wires was a common sight which proved the
unchecked proliferation of this non-biodegradable packaging.

*
In 2001, Republic Act 9003, otherwise known as the “Ecological Solid Waste Management Act,”
was passed to deal with the country’s problem on garbage. Section 29 of the law provides that the
National Solid Waste Management Commission (NSWMC) shall, within a year, prepare a list of
non-enviromentally acceptable product or packaging (NEAP) to be prohibited based on a
schedule prepared by the Commission. Nine years from the enactment of the law, however, the
Commission has yet to come up with such a list.

Due to their deleterious effect to the environment, there is a need to regulate the use of plastic
bags to prevent their unnecessary proliferation especially in the most unlikely places. There is
also a need to influence the behaviour of consumers towards the prudent use of non-
environmentally acceptable packaging or products. Finally, there is a need to ensure that
business and industry will also be responsible for the retrieval of products or packaging that they
produce’

of this bi

In view of the foregoing, the passa is eamestly sought.

ION. RAYMOND BEMWCRITO C. MENDOZA,

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REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO.

2862

Introduced by Representative HON. RAYMOND DEMOCRITO C. MENDOZA
TUCP PARTY-LIST

“AN ACT
REGULATING THE PRODUCTION, IMPORTATION, SALE, USE, AND
RECYCLING OF PLASTIC BAGS IN ALL ESTABLISHMENTS IN THE
COUNTRY”

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:
Section 1. Short Title. This Act shall be known as the “Plastic Bag Regulation

and Recycling Act of 2010.”

Section 2. Definition of Terms. For the purpose of this Act:

(a) “Commercial Establishment” means establishments engaged in
commerce or sales of goods or services, ingluding, 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;

(b) “Operator” means 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; and

(c) “Plastic Bag” means a polymer bag provided or utilized at the point of
sale for carrying and transporting goods.

Section 3. Phasing Out of Plastic Bags Thinner than 15 Microns. — No
commercial establishment shall produce, import, sell or use plastic

bags thinner than fifteen (15) microns: Provided, That a gradual phase-out period
of five (5) years from the passage of this Act shall be provided prior to the
implementation of the law to enable commercial establishments to deplete their
inventory of plastic bags thinner than fifteen (15) microns. Plastic bags thinner
than fifteen (15) microns shall be surrendered to appropriate office in the city or

municipal government concerned

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Section 4. In-Store Recovery Program. — Within 60 days after the effectivity of this

Act, the operator of commercial establishments that have monthly gross
sales of over One Hundred Thousand Pesos (P100,000.00) that provide

plastic bags to consumers as part of a purchase at retail shall establi
in-store recovery program that will give their customers an opportunity to
return the plastic bag they used to the store or any store of a chain of five
or more retail establishments from which the plastic bags originated.

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

(a)

(b)

(©)

@

©

A plastic bag printed with the name or logo of the establishment
provided for customers shall have printed or displayed in the bag, in
a manner visible to the consumer, the words “PLEASE RETURN TO A
PARTICIPATING STORE FOR RECYCLING;” The same shall not be
required of stores or establishments which use plain bags.
A plastic bag recovery bin shall be placed at each store and shall be

visible, easily accessible to the costumer, and clearly marked that the
recovery bin is available for the purpose of collecting and recycling plastic
bags;

All plastic bags recovered by the store sigall be collected, transported,
and recycled by the local government units pursuant to Section 7 of this Act.
‘The commercial establishment shall maintain records describing the
recovery, collection, transport, and recycling of plastic bags collected for a
minimum of three (3) years and shall make the records available to the
Department of Environment and Natural Resources and/or the local
government unit concerned, upon request, to demonstrate compliance with
this Act;

‘The commercial establishment shall require their customers the
surrender of an equivalent plastic bag for the provision of a new plastic bag
Otherwise, the customer or consumer will be charged a minimum fee of
P1.00 per plastic bag with a minimum size to be determined by the DTI
depending on the industry or sector. A commercial establishment may
charge a higher amount for bigger plastic bags; and

‘The commercial establishment may make reusable bags available to
consumers within the establishment, which may be purchased in lieu of
surrendering an old plastic bag or purchasing a new plastic bag;

This Section shall not apply to establishments the provide paper bags or
other environmentally acceptable packaging.



Yo Section 5. Lead Agency - The Department of Trade and Industry (DTI), unless
otherwise provided herein, shall be the primary government agency

responsible for the implementation and enforcement of this Act.

Section 6. Linkage Mechanism. - The DENR, in coordination with the NSWMC,

shall consult, and enter into agreement with other government agencies or

local government units, or with affected non-governmental organizations

(NGOs) or people’s organization (POs), or private enterprises in the
furtherance of the objectives of this Act.

Section7. Role of Local Government Units - Local government units (LGUs) shall
have the primary responsibility in the effort to decrease the percentage of
plastic bag waste produced within their respective territorial jurisdictions.
‘They shall also be primarily responsible for the collection, transportation

and recycling of plastic bags recovered pursuant to this Act.

The 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 8. Fines and Penalties. - Violations of Sectigns 3, 4 and second paragraph
of Section 7 of this Act shall be penalized in the following manner:
(a) a fine of not exceeding One Hundred Thousand Pesos (P100,000.00) for
the first offense:
(b) a fine of not exceeding Two Hundred Fifty Thousand Pesos
(P250.000.00) for the second offense; and
(©) a fine of not exceeding Five Hundred Thousand Pesos (P500,000.00) for
the third offense.
(@) fine of not exceeding Seven Hundred Fifty Thousand Pesos
(P750,000.00) and automatic revocation of its business permit for the
fourth offense.

Any civil penalty collected pursuant to paragraph (a) of this Section shall be paid
to the local government of the local government unit where the store is located.

The penalties collected pursuant to this Section shall go to the Environment
Protection Fund to be used by the local government for the enforcement of this
Act.

Section 9. Administrative Action. - Without prejudice to the right of any person to
file an administrative action, the DTI shall, on its own instance or upon

verified complaint by any person, institute administrative proceedings in



Section 10.

Section 11.

Section 12.

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.

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.

Enforcement. - The enforcement of the penal provision of this Act shall
be made through the local DTI office, in coordination with the Office of
the Mayor of the LGU concerned.

Appropriations. - An appropriation of Ten Million Pesos (P10,000,000.00)
shall be used to carry out the initial implementation of this Act.
‘Thereafter, such sums as may be necessary for its implementation shall be
included in the annual General Appropriations Act.

Section 13. Joint Congressional Oversight Committee. — The Joint Congressional

Section 14.

Section 15.

Section 16.

Oversight Committee created under Section 60 of Republic Act No. 9003,
otherwise known as the Ecological Solid Waste Management Act of 2000,

shall likewi:

monitor the implementation of this Act and review the

implementing rules and regulations promulgated by the Department.

Implementing Rules and Regulations - ‘The DENR, in coordination with
the Department of Trade and Industry, the Senate Committee on
Environment and Natural Resources, the House Committee on Ecology,
NSWC, and other relevant government agencies and organizations shall,
within sixty (60) days from the effectivity of this Act, submit the
Implementing Rules and Regulations (IRR) governing this Act.

Separability Clause. - If, for any reason, any provision of this Act or
part thereof is declared unconstitutional or invalid by a court of competent
jurisdiction, the other provisions or parts thereof not affected shall remain

in full force and effect.

Repealing Clause. - All laws, decrees, orders, rules and regulations
inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.


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Section 17.

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Approved,