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ESTABLISHMENTS, STALLS AND WET MARKETS AND IN HOUSEHOLDS WITHIN THE TERRITORIAL JURISDICTION OF THE PROVINCE OF DAVAO DEL NORTE (DDN), PROMOTING THE USE OF ALTERNATIVE AND ECO-FRIENDLY SHOPPING BAGS OR PACKAGING MATERIALS, PROVIDING FOR PENALTIES THEREOF, AND FOR OTHER PURPOSES (Propose Ordinance No. year 2012)
Author: Co-author:
Submitted to:
Atty. Angelisa L. Razo Sator
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, plastic bags, plastic bottles, styrofoam, styropor and other plastic-made containers are extensively used as primary bagging or packaging receptacles in
I. GENERAL PROVISIONS
Anti-Plastic
a.1.
waterways and seas that pollute and contaminate the water, soil, marine life and also the very air we breathe;
a.2.
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.
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
5. Dioxin - a heterocyclic hydrocarbon that is a carcinogen and toxic environmental pollutant. 6. Eco-friendly recyclable, environmental, ecological 7. Ethylene Oxide - a soluble colorless gas. Use: synthesis of ethylene glycol and other chemicals, fumigant, sterilant. 8. LGU (Local Government Unit) as used in this ordinance shall mean all the chartered Cities and Municipalities within the territorial jurisdiction of the Province of Davao del norte. 9. Non-biodegradable materials/wastes - waste that cannot be broken down by other living organisms. 10. Polyethylene - a plastic polymer of ethylene. Use: manufacture of containers, packaging, and electrical insulation.
11. Plastic - any of a wide range of synthetic or semi-synthetic organic solids used in the
disposed of as wastes.
14. 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. 15. 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.
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 Davao del Norte are hereby mandated to
proliferation of plastic garbage or refuse that litter the environment and bring
about harmful effects to the environment, the human beings and animals.
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
The rice millers and the corn and mongo producers/dealers may buy-back 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
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.
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
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 10.
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.
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 ecofriendly bagging or packing materials when buying goods from the market.
Section 12.
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.
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
Section 15.
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.
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 ECO-FRIENDLY PACKING OR BAGGING RECEPTACLES. Upon approval of this ordinance, all LGUs within the territorial jurisdiction of the Province of Davao del Norte 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.
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
D. Littering of plastic garbage inside or outside public utility vehicles and buses
whether stationary or traveling within the territorial jurisdiction of the province; 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 Davao del
Norte; F. Using plastic bags and other plastic materials, styrofoam and styropor as primary
H. 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; I. Selling at exorbitant price, used plastic bags to stores of origin;
J. Sealing of plastic shopping bags with plastic bag sealer or staple wire that would render the receptacle unfit for reuse;
K. 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 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
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 CSWDO for cities 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.