ORDINANCE NO. 2019-054

ORDINANCE PROHIBITING THE USE OF PLASTIC BAGS ON DRY GOODS, REGULATING ITS UTILIZATION ON WET GOODS, AND PROVIDING PENALTIES FOR VIOLATION THEREFOR:-

AUTHOR:
HON. SALVADOR M. DEL CASTILLO
Chairman, Committee on Environment and Energy

CO-AUTHOR:
HON. JOSE B. PEREZ

EXPLANATORY NOTE

Article II, Section 15 and Section 16 of the 1987 Constitution providing the right of the people to health and balance ecology are considered as self-executory provisions. They directly command the government to set out policies and implement programs that will promote public well-being and preserve the environment.

Scientific studies have shown that one of the major threats to the aforementioned rights of the people is the expansive use of plastic bags as packaging materials. Presently, plastic bags are being distributed for free by business establishments, which create a throw-away attitude among its users and consequently lead to uncontrolled disposal. Without restraint, they clog the city’s canals and sewerage systems, causing floods and posing danger to property and lives of the people.

To address such problem, a number of local government units in the country have strictly regulated the use of plastic bags. Their success stories show that such aggressive move is not detrimental to local businesses, and is even lauded as a catalyst of sustainable economic development.

With this, the passage of the legislative measure at hand is fitting and orderly. This legislation will considerably advance the people’s right to health and balance ecology, hand-in-hand with economic growth.

BE IT ORDAINED by the Sangguniang Panlungsod of Naga, that:

SECTION 1. Title. This ordinance shall be otherwise known as the “Plastic Bag Regulatory Ordinance” of the City of Naga;

SECTION 2. Definition of Terms. For the purpose of this Ordinance, the following shall mean:

a) Primary packaging materials are materials that serve as first layer of packaging; in direct contact with the product;

b) Secondary plastic packaging are plastic materials used to contain products already contained in primary packaging material;

c) Cloth bag– also known as katsa, this refers to reusable packaging material made of cloth commonly used in packaging of flour, wheat and other similar goods;

d) Dry goods- refers to any product that do not require refrigeration or a kind of freezing technique to maintain its freshness, such as textiles, clothing and books;

e) Dry market refers to store or array of stores selling dry goods;

f) Plastic bags– also known as sando bag, pouch, plastic shopping bag, plastic film bag or cellophane, it is a type of flexible packaging material made of thin, plastic film that is commonly used for containing and transporting products;

g) Plastic waste– refers to any plastic packaging material thrown as part of a person’s or an institution’s garbage;

h) Wet goods– refers to any product that requires refrigeration or a kind of freezing technique to maintain its freshness, such as fish, meat, poultry, cooked food, beverage, vegetable, fruit and others of similar nature;

i) Wet market- refers to store or array of stores selling wet goods;

j) Woven bags– also known as bayong, refers to items made of biodegradable materials like wooden pandan, buri leaves, water lily and others of similar nature that are intricately concocted to be used for containing and transporting products.

SECTION 3. Prohibition on Dry Goods. The use of plastic bags to contain dry goods is prohibited. No business establishment shall offer, issue, sell or distribute plastic bags to consumers for purpose of containing and transporting dry goods.

SECTION 4. Regulation on Wet Goods. No wet market shall offer issue, sell or distribute a secondary plastic bag to his/her consumer to serve as support or reinforcement to the wet goods bought. Only primary packaging plastic bag to contain wet goods shall be offered, issued, sold or distributed to consumers.

SECTION 5. Prohibition on Direct Selling of Plastic Bags. No business establishment shall offer to sell or sell plastic bags directly to consumers.

Suppliers of plastic bag shall only be authorized to engage into institutional selling, i.e. business-to-business transaction.

SECTION 6. Prohibition on Collection of Plastic Wastes. Garbage contained or stored in plastic bags shall not be collected by the Solid Waste Management Office (SWMO).

Garbage should be contained or stored in cloth bag or woven bag, or be dumped in designated garbage bins by the City Government of Naga.

Plastic waste must be cleaned and dried prior to submission to their respective barangay material recovery facilities for proper collection and disposal.

SECTION 7. Prohibited Acts. The following acts are hereby prohibited:

a) To use, offer, issue, sell or distribute primary and/or secondary plastic bags to serve as container of dry goods;

b) To use, offer, issue, sell or distribute a secondary plastic packaging bag as support or enforcement to wet goods bought or sold already contained in primary plastic packaging bag;

c) To offer to sell or sell primary and secondary plastic packaging bag directly to consumers;

d) The use of plastic straw and styrofoam;

e) The use of plastic spoon and fork in all eateries, fastfood and the like, for foods consumed within the premises;

f) To contain or store garbage in plastic bags; and,

g) To dispose plastic waste without prior first cleaning and drying up the same.

Provided however, if the customer ordered a takeout meals, par. e above shall not apply.

SECTION 8. Solid Waste Management Office. The Solid Waste Management Office is hereby ordered to:

a) Monitor the effective implementation of this ordinance;

b) Prepare and submit a quarterly report to the Mayor and to the Sangguniang Panlungsod regarding the progress of implementation of this ordinance;

c) Ensure the massive information dissemination of the provisions contained in this ordinance;

d) Conduct Waste Analysis and Characterization Survey Study to monitor level of effectiveness of the ordinance;

e) Assess availability and/or sufficiency of cloth bag or woven bag to provide for the needs of the entire city;

f) Provide for facilities required under the ordinance such as designated garbage bins of sufficient size and material to contain wastes, drop-off facilities and/or MRFs;

g) Include in the City’s Year SWM Plan, programs and activities that shall complement the subject ordinance to create a comprehensive and holistic SWM system for the City;

h) Re-activate City SWM Board and Barangay SWM Committees to secure cooperation of the member agencies/entities in information dissemination, IEC campaigns and monitoring.

SECTION 9. Metro Public Employment Service Office. Metro PESO is hereby mandated to:

a) Craft a livelihood program that will assist micro, small and medium enterprises manufacturing and distributing eco-friendly woven bags, cloth bags or other receptacles that will serve as alternative or replacement of plastic bags; and,

b) Ensure that in such livelihood program, priorities are given to persons with disabilities, elderly, women and other marginalized sector.

SECTION 10. Implementing Rules and Regulations: Within 30 days from the approval of this Ordinance, the necessary rules and regulations shall be issued by the City Mayor for the proper and effective implementation of this Ordinance.

SECTION 11. Before the implementation of this Ordinance, the Solid Waste Management Office (SWMO), and the Environment and Natural Resources Office (ENRO) is hereby mandated to conduct a study on the possibility of providing alternative receptacles for the marketing and disposition of products which will be affected by this Ordinance, so as not to effect the flow of trade and commerce in the City.

SECTION 12. Penalties. Any person or business establishment that will violate any provision of this ordinance shall be penalized, as follows:

a. First offense – A fine of Php1,000.00
b. Second offense – A fine of Php2,000.00
c. Third offense – A fine of Php3,000.00, and in the case of business establishment, cancellation of Mayor’s Permit and license to operate for one (1) year

In the implementation of this Ordinance, the City Treasurer is hereby authorized to deputize members of the Philippine National Police, the Public Safety Office and the Solid Waste Management Office and the Punong Barangays for issuance of violation tickets and corresponding receipts for the purpose.

SECTION 13. Repealing Clause. All ordinances, issuances and rules and regulations or parts thereof which are inconsistent with any provision of this ordinance are hereby repealed, amended and/or modified accordingly.

SECTION 14. Separability Clause. If parts of this ordinance are declared unconstitutional by a competent court, the other provisions or parts thereof not so declared, shall remain valid and enforceable.

SECTION 15. Effectivity. This ordinance shall take effect immediately upon its approval and after publication in a newspaper of local circulation.

ENACTED: August 6, 2019

WE HEREBY CERTIFY to the correctness of the forgoing ordinance.

GIL A. DE LA TORRE
Secretary to the Sangguniang Panlungsod

CECILIA B. VELUZ-DE ASIS
City Vice Mayor & Presiding Officer

APPROVED:

NELSON S. LEGACION
City Mayor