AN ORDINANCE REGULATING THE USE AND DISPOSAL OF PLASTIC BAGS, PLASTIC BOTTLES, STYROFOAM AND STYROPOR MATERIALS IN COMMERCIAL

ESTABLISHMENTS, STALLS AND WET MARKETS AND IN HOUSEHOLDS WITHIN THE TERRITORIAL JURISDICTION OF THE PROVINCE OF NORTHERN SAMAR, PROMOTING THE USE OF ALTERNATIVE AND ECOFRIENDLY SHOPPING BAGS OR PACKAGING MATERIALS, PROVIDING FOR PENALTIES THEREOF, AND FOR OTHER PURPOSES Author: HON. DIONISIO DEXTER A. GALIT Board Member, Second District, Northern Samar Co-author: HON. BEDA M. BOGTONG Board Member, First District, Northern Samar WHEREAS, Article II, Section 16 of the 1987 Philippine Constitution provides, that, the state shall advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature; WHEREAS, Section 3 (i) of R. A. 7160 provides that, the Local Government Units shall share with the national government the responsibility in the management and maintenance of ecological balance within their territorial jurisdiction; WHEREAS, Section 16 of R. A. 7160 provides that, xxx...local government units shall ensure and support, among other things, the preservation and enrichment of culture, promote health and safety, enhance the right of the people to a balanced ecology...xxx; WHEREAS, Section 468 (vi) of R. A. 7160 empowers the Sangguniang Panlalawigan to protect the environment and impose appropriate penalties for acts which endanger the environment to include activities which result in pollution, acceleration of eutrophication of rivers and lakes or of ecological imbalance "; WHEREAS, plastic bags, plastic bottles, styrofoam, styropor and other plastic-made containers are extensively used as primary bagging or packaging receptacles in commercial establishments and in households within the territorial jurisdiction of the Province of Northern Samar; WHEREAS, when non-biodegrable materials such as plastic bags, plastic bottles, styrofoam, styropor and other plastic-made containers are disposed of indiscriminately, it can cause deadly pollution with ill-effects that are irreversible and capable of reaching out to numerous generations to come; WHEREAS, notwithstanding the existence of Republic Act No. 9003, otherwise known as theEcological Solid Waste Management Act of 2000, plastic garbage or refuse

continue to litter and poses danger to the environment, mankind and animals;

WHEREAS, in order to curtail the proliferation of plastic garbage or refuse and to avert harm to the environment, there is a need to reduce if not totally stop the use of plastic bags, plastic bottles, styrofoam, styropor and other plastic-made containers as bagging or packaging receptacles in commercial establishments and in households within the territorial jurisdiction of Northern Samar and forthwith promote the use of alternative and eco-friendly bagging or packaging materials; NOW THEREFORE, BE IT ORDAINED, AS IT IS HEREBY ORDAINED, by the Sangguniang Panlalawigan of Northern Samar in session assembled, that: I. GENERAL PROVISIONS Section 1. TITLE. This ordinance shall be known and cited as The Anti-Plastic Ordinance of 2011 of the Province of Northern Samar. Section 2. AUTHORITY. This ordinance is enacted pursuant to Article II, Section 16 of the 1987 Constitution, Sections 3 (i), 16 and 468 (vi) of R. A. 7160 and other allied laws. Section 3. OBJECTIVES AND PURPOSES. This ordinance is enacted for the following objectives and purposes: a. To effectively regulate the use and disposal of plastic bags, plastic bottles, styrofoam and styropor and other plastic receptacles in commercial establishments, stalls and wet markets and in households in municipalities within the territorial jurisdiction of the province of Northern Samar, to prevent or minimize the following: a.1. dumping of plastic wastes into the rivers, creeks, streams, other waterways and seas that pollute and contaminate the water, soil, marine life and also the very air we breathe; a.2. death of land and marine animals that mistakenly ingest plastics or become entangled in plastic bags; a.3. contamination of the food chain when polyethylene, the main plastic component, breaks down and seeps into the soil. Apart from toxic seepage from the landfill, resulting in the contamination of precious water sources, the waste mass impedes the flow of ground water as well and obstructs the movement of roots thereby badly affecting the soils biological balance and organic processes; a.4. burning of plastic that results toxic fumes and releases a host of poisonous chemicals into the air, including dioxin, the most toxic

substance known to science;

a.5. the emission of noxious substances during the production and recycling of plastic which are synthetic chemicals like ethylene oxide, benzene and xylenes that can hit hard the eco-system, which is already fragile, and can cause an array of maladies ranging from birth defects to cancer, damage the nervous system and the immune system and also adversely affect the blood and the kidneys. b. To reduce the proliferation of plastic bags and other receptacles made of plastic littering the environment; To promote the use of alternative and eco-friendly packing or bagging receptacles; and To supplement all existing reasonable and practicable measures undertaken for the protection of the environment.

c.

d.

Section 4. DEFINITION OF TERMS. As used in this Ordinance, the following words and phrases shall be defined as follows: Benzene - a colorless volatile toxic liquid with a distinctive odor. Use: manufacture of dyes, polymers, and industrial chemicals. Biodegradable materials/wastes - substances that will decay relatively quickly as a result of the action of bacteria and break down into elements such as carbon that are recycled naturally. Cellophane - is a thin, transparent sheet made of regenerated cellulose. Its low permeability to air, oils, greases, and bacteria makes it useful for food packaging. Cloth bag (a.k.a Katsa) - a reusable bagging material made of cloth used in the packaging of flour, wheat and such other similar goods. Dioxin - a heterocyclic hydrocarbon that is a carcinogen and toxic environmental pollutant. Eco-friendly recyclable, environmental, ecological Ethylene Oxide - a soluble colorless gas. Use: synthesis of ethylene glycol and other chemicals, fumigant, sterilant. LGU (Local Government Units) as used in this ordinance shall mean all the Municipalities within the territorial jurisdiction of the Province of Northern Samar.

Non-biodegradable materials/wastes - waste that cannot be broken down by other living organisms. Polyethylene - a plastic polymer of ethylene. Use: manufacture of containers, packaging, and electrical insulation. Plastic - any of a wide range of synthetic or semi-synthetic organic solids used in the manufacture of industrial products. Plastics are typically polymers of high molecular mass, and may contain other substances to improve performance and/or reduce costs. Monomers of plastic are either natural or synthetic organic compounds. Plastic bags commonly known as sando bags, pouch, plastic shopping bags and plastic film bags that are flexible packaging materials made of thin, plastic film used for containing and transporting food and other products (commercial or industrial). Plastic garbage/waste/refuse refers to any plastic bagging or packaging material disposed of as wastes. Styrofoam a trademark for a light plastic material used to make disposable items, insulation, and packing materials usually as food containers, disposable cups, plates, etc. Styropor a synthetic material made of crude oil that can be used as insulation material (houses, helms), but also as packaging material. It is not biodegradable and has to be recycled. II. REGULATORY PROVISIONS Section 5. DUTY OF PERSONS ENGAGED IN BUSINESS. All persons, whether natural or juridical, engaged in business, operating commercial establishments, stalls, or in wet markets within the territorial jurisdiction of the Province of Northern Samar are hereby mandated to minimize the use of plastic bags/cellophane, styrofoam or styropor for wrapping, covering, packaging or bagging of goods bought from any branch of their commercial establishment and encouraged to use alternative and eco-friendly packing or bagging materials for the purpose of curtailing the proliferation of plastic garbage or refuse that litter the environment and bring about harmful effects to the environment, the human beings and animals. Section 6. EXCEPTIONS TO THE REDUCTION AND PROHIBITION ON THE USE OF PLASTIC PACKING OR BAGGING RECEPTACLES. First Exception - Only products like ice, ice candy, ice water, sugar, salt, coffee, powdered milk, cooking oil, soy sauce, vinegar, ketchup, butter and such other perishable products may be packed with plastic bag/wrapper, cellophane or bottle

for the preservation thereof.

Considering that rice, corn, and mongo are perishable products and the plastic sacks used for its packaging or bagging is the most effective material for the preservation thereof, the use of the same packing or bagging receptacle may be allowed, however, in order to control the indiscriminate proliferation of such material as plastic waste or refuse, the same should be recycled by a manner favorable to the rice millers, corn and mongo producers/dealers and the consumers. The rice millers and the corn and mongo producers/dealers may buyback at a reasonable price used plastic sacks from the consumers or may grant reasonable discount to consumers who will bring their own plastic sacks upon buying rice, corn or mongo on a per sack or by bulk purchases. Only plastic sacks fit for reuse shall be bought back by the rice millers and the corn and mongo producers/dealers. The buy-back price of the plastic sacks as determined by the Department of Trade and Industry shall be considered reasonable for the purpose of this provision. Second Exception - Only cooked food with sauce or soup bought from restaurants, food chains, and eateries may be packed with regular size cellophane or Styrofoam or styropor for proper handling thereof when taken out of the establishment. All other food and drink products for dine-in orders shall be served only in regular plates, bowls and drinking glasses or other appropriate reusable containers. Styrofoam or styropor containers, disposable plastic cups/bottles, disposable plastic spoons and forks and other non-biodegradable containers shall not be used for dining customers. Third Exception - In the event that paper bags, paper pouch, or cloth bags will run out of stock, plastic bags may be used for packing or bagging items bought from department stores, grocery stores, boutiques and sari-sari stores provided that it shall be limited to only one (1) plastic bag per customer per one-time shopping; provided that in order to prevent the proliferation of plastic shopping bags, commercial establishments may buy-back at a special cheap price, such plastic shopping bags that originated from their stores for reuse by other customers. Business owners and the DTI will decide on the buy-back price of plastic bags. For the purpose of the effective implementation of this provision, plastic shopping bags shall not be sealed with the use of plastic bag sealer or staple wire that would render the receptacle unfit for reuse.

Section 7. DUTY OF OWNERS OF DEPARTMENT STORES, GROCERY STORES AND BOUTIQUES. Owners of department stores, grocery stores, and boutiques shall use sturdy yet less costly reusable paper bags or cloth bags (katsa) and provide the same for free to their customers who shall purchase five (5) items or more in one-time shopping. Only paper pouch shall be provided for free to customers who will purchase less than five (5) items in one-time shopping. In the event that the customer shall purchase in bulk, canned or bottled goods and other goods or grocery items, the same shall be packed only in durable box or boxes of adequate size and no items inside the box shall be wrapped or packed with plastic bag or cellophane except for items or products stipulated in Section 6 of this Ordinance. All other products that need to be packed separately from the goods but inside the box such as toiletries, meat, fish, fruits and vegetables shall only be wrapped with wax paper bags or sturdy paper pouch. Section 8. ALTERNATIVE AND ECO-FRIENDLY PACKING OR BAGGING MATERIALS. The following alternative and eco-friendly packing or bagging materials are recommended for use by the business owners or vendors and consumers, to wit: bayong (woven native bags), native baskets, cloth bags (katsa), paper bags or pouches, non-plastic sacks, sturdy reusableshopping bags and biodegradable bags or containers made of buri, banana leaves and otherdurable native materials. Section 9. DUTY OF LOCAL GOVERNMENT UNITS, DTI, AND LOCAL BUSINESS SECTORS. All Local Government Units, in coordination with the Department of Trade and Industry and local business sector from the different municipalities within the territorial jurisdiction of the Province of Northern Samar, shall endeavor to determine appropriate alternative and eco-friendly packing or bagging receptacles that will be used within their localities and subsequently tag the same for proper monitoring and regulation. Only the alternative and eco-friendly packing or bagging materials properly tagged by the local government units concerned shall be allowed in all commercial establishments and public markets. A law enforcement team shall be created by the Municipalities in Northern Samar with representation from the business Sector that will be responsible for the effective implementation of this provision. Section 10. COORDINATION AND COLLABORATION OF LGUS, DTI, DENR, DOST AND OWNERS OF COMMERCIAL ESTABLISHMENTS, STALL OWNERS AND VENDORS.Owners of commercial establishments, stall owners, and the market, sidewalk and ambulant vendors, as well as the public, shall coordinate with the local government units having jurisdiction over their localities to be apprised on what alternative and eco-friendly packing or bagging materials or containers may be used during shopping and marketing. For this purpose, the LGUs shall collaborate with the Department of Environment and Natural Resources (DENR), Department of Trade and Industry (DTI) and the Department of Science and Technology (DOST) for technical assistance and adequate information dissemination. It shall be the duty of all LGUs concerned to effectively implement this activity.

Section 11. BRING OWN BAG (BOB) POLICY IN BUYING GOODS FROM THE MARKET.Unless otherwise provided in Section 6 hereof, market vendors, sidewalk vendors, and ambulant vendors in wet markets and in other designated business areas in different localities such as those selling meat and poultry products, fresh and dried fish and other marine products, vegetables, fruits and spices, native delicacies and such other products or goods of the same classification, shall not use cellophane or plastic bags (sando bags) for packing or packaging their products being bought by consumers. Only paper bags or pouch, or other biodegradable materials such as banana leaves shall be used for the purpose, provided however that consumers shall bring their own native baskets or bayong (woven native bags) or other alternative and eco-friendly bagging or packing materials when buying goods from the market. Section 12. USE OF APPROPRIATE REUSABLE PACKING OR BAGGING RECEPTACLES.Consumers are encouraged to use or carry only containers and reusable packing or bagging receptacles that are identified, tagged and prescribed by the law enforcement team created under Section 9 of this Ordinance. Section 13. LOCAL PRODUCTION OF ALTERNATIVE AND ECO-FRIENDLY PACKING OR BAGGING RECEPTACLES. Local entrepreneurs are encouraged to locally produce alternative and eco-friendly packing or bagging materials that will sustain the supply and demand of end users. Section 14. COORDINATION OF LGUS, DTI AND LOCAL PRODUCERS FOR THE APPROPRIATE SELLING PRICE OF ECO-FRIENDLY BAGGING RECEPTACLES.Manufacturers or producers of eco-friendly packing or bagging materials and the LGUs concerned shall coordinate with the provincial office of the Department of Trade and Industry for the determination of the appropriate price/s of their finished products to preclude anyone from selling or retailing the same in exorbitant price. The recommended reasonable price/cost shall be the market price of locally produced alternative and eco-friendly packing or bagging materials/receptacles. Section 15. ESTABLISHMENT OF LOCAL PRODUCTION CENTERS FOR ALTERNATIVE AND ECO-FRIENDLY PACKING OR BAGGING RECEPTACLES BY THE LGUS. The local government units may opt to establish centers for the local production of alternative and eco-friendly packing or bagging materials to meet the supply and demand of end users and to create local employment for their constituents. It will be the sole discretion of the LGUs on how such production centers will be established and to formulate the guidelines for its operation and compensation of workers. The establishment of such public production centers shall not be a hindrance to the opening of privately-owned production centers as long as the latter operates with legal personality. Healthy competition for the production of alternative and eco-friendly packing or bagging materials shall be promoted. Section 16. PROPER DISPOSAL OF PLASTIC GARBAGE OR REFUSE. The proper disposal of plastic garbage or refuse shall be in accordance with the provisions of R. A. 9003, (Ecological Solid Waste Management Act of 2000).

Section 17. DUTY OF THE LGUS TO CONDUCT INFORMATION DISSEMINATION OF THE ORDINANCE AND THE PROMOTION OF ALTERNATIVE AND ECOFRIENDLY PACKING OR BAGGING RECEPTACLES. Upon approval of this ordinance, all LGUs within the territorial jurisdiction of the Province of Northern Samar shall conduct massive information dissemination and campaigns within their localities to properly apprise their constituents about this ordinance and shall include as well, the promotion of alternative and eco-friendly packaging, packing or bagging receptacles/materials. Section 18. LIVELIHOOD PROGRAMS FOR THE MANUFACTURE OF PRODUCTS MADE OF RECYCLED PLASTIC REFUSE. Programs may be formulated by the respective local government units whereby livelihood projects will be implemented for the manufacture of products made of recycled plastic garbage or refuse (fashion jewelry, household items, pillow cases, bags, construction materials, etc.). It shall be the sole initiative of the LGUs on how to effectively implement this provision. The livelihood projects may be implemented in collaboration with the provincial government with the participation of the Sangguniang Kabataan, private organizations and socio-civic groups recognized by the LGUs concerned. The out-of-school youths and their parents without permanent income, the handicapped, members of indigent families, and the orphaned, abandoned, neglected and street children as determined by the Municipal Social Welfare and Development Office (MSWDO) shall be the priority beneficiaries of the project. III. PROHIBITED AND PUNISHABLE ACTS Section 19. PROHIBITED AND PUNISHABLE ACTS. Prohibited and punishable acts under this ordinance shall include, but not limited to, the following: a. Burning of any plastic waste or materials whether in private or public areas that results in toxic fumes and releases a host of poisonous chemicals into the air, including dioxin; Dumping of plastic wastes into the rivers, creeks, streams, other waterways and seas that pollute and contaminate the water, soil, marine life and also the very air we breathe; Littering of plastic garbage whether in private-owned lots or in public places and thoroughfares within the territorial jurisdiction of the province of Northern Samar; Littering of plastic garbage inside or outside public utility vehicles and buses whether stationary or traveling within the territorial jurisdiction of the province;

b.

c.

d.

e.

Littering of plastic garbage inside or outside a vessel or small sea craft whether stationary or navigating within the fluvial domain of the Province of Northern Samar; Using plastic bags and other plastic materials, styrofoam and styropor as primary packing or bagging materials in commercial establishments such as malls, grocery stores, department stores, restaurants, boutiques, sari-sari stores, stalls and in wet markets operating within the territorial jurisdiction of the province of Northern Samar; Using alternative and eco-friendly packing or bagging materials not prescribed by the local government units concerned; Selling at exorbitant price locally produced alternative and eco-friendly packing or bagging materials to the prejudice of consumers/public and the business sector as well; Selling at exorbitant price, used plastic bags to stores of origin; Sealing of plastic shopping bags with plastic bag sealer or staple wire that would render the receptacle unfit for reuse; Any person who willfully induces or encourages anyone to commit any act in violation of any of the provisions of this ordinance shall also suffer the same penalty as if the act has been done by him; IV. PENALTIES

f.

g.

h.

i. j.

k.

Section 20. PENALTIES. Acts violating the provisions of this Ordinance shall be penalized in the following manner, to wit: Any person violating any of the provisions of this ordinance shall be meted out with a fine of Php500.00 pesos or community service equivalent to four (4) hours for the first offense, a fine of Php1,000.00 pesos or community service for a period of six (6) hours for the second offense, and a fine of Php1,500.00, community service of eight (8) hours and/or imprisonment not exceeding two (2) months at the discretion of the court, for the third offense. For violators engaged in business, there shall be added in the penalty a suspension of business permit for a period of one (1) month for the second offense and revocation of business permit for the third offense. If the violation is committed in the name of a corporation, the responsible officers shall suffer the penalty of imprisonment. Minor offenders (persons below 18 years old) shall be subjected only to mandatory guidance counseling with the MSWDO or COWDEN or any of his/her designated personnel in the presence of either or both of the parents of the minor.

Any public officer or employee who shall violate the provisions of this Ordinance shall be punished by a fine of Php1,500.00 and shall be subject to administrative disciplinary action, without prejudice to the filing of the appropriate civil or criminal action. The LGUs will be responsible for the apprehension of anyone violating the provisions of this ordinance and to collect the fine which shall accrue exclusively to the account of the LGU and shall form part of the operating fund of the Law Enforcement Team created under Section 9 of this ordinance. It shall be the sole discretion of the LGU on how such fund will be expended taking into full consideration the effective implementation of this ordinance. V. FINAL PROVISIONS Section 21. SEPARABILITY CLAUSE. If any part or provision of this Ordinance shall be declared unconstitutional or unlawful by the court, or suspended or revoked by competent authorities, all other provisions not otherwise affected thereby shall remain valid and effective. Section 22. REPEALING CLAUSE. Any ordinances, executive orders, proclamations and administrative regulations, or parts thereof, which are contrary or inconsistent with any of the provisions of this Ordinance, are hereby repealed, amended or modified accordingly. Section 23. EFFECTIVITY CLAUSE. In order to provide adequate time for owners of malls, grocery stores, department stores, restaurants, boutiques, sari-sari stores, stalls and owners of other commercial establishments, market vendors, sidewalk vendors, and ambulant vendors in wet and dry markets and all concerned to prepare for the changes brought about by the provisions herein stipulated, this Ordinance shall take effect immediately one (1) year after the posting and publication requirements prescribed under Republic Act No. 7160 has been complied with. Immediately after three (3) years from the affectivity of this Ordinance, the selling and usage of plastic bags, styrofoam and styropor receptacles for containing food and other products (commercial or industrial) shall be prohibited in all business or commercial establishments including but not limited to market vendors, sidewalk vendors and ambulant vendors within the territorial jurisdiction of the Province of Northern Samar.