Ordinance Regulating the Use of Plastic Bags and Styrophors in All Commercial and Business Establishments in the City of Mandaluyong and Prescribing Penalties Thereof

Ordinance 523 of 2013

Assented to on 21 November 2013
Commenced on 21 November 2013
[This is the version of this document from 21 November 2013.]

An ordinance regulating the use of plastic bags and styrophors in all commercial and business establishments in the city of Mandaluyong and prescribing penalties thereof and amending sections 1, 2 and 4 of Ordinance no. 479, s-2011 entitled: Ordinance phasing out the use of plastic bags and styrophors in the city of Mandaluyong

WHEREAS, globally, plastic bags are part of an environmental crisis;WHEREAS, plastic bags usually form part of mountains of non-biodegrable waste that intoxicate both the land and water resources. According to international research, it takes twenty (20) years for a single plastic bag to decompose and two hundred fifty (250) years for a plastic cup to decompose;WHEREAS, according to the United Nations Environment Programme, there are forty-six thousand (46,000) pieces of plastic litter floating in every square mile of ocean, while according to Blue Ocean Society for Marine Conservation, more than a million birds and one hundred thousand (100,000) marine mammals and sea turtles die every year from eating or getting entangled in plastic;WHEREAS, locally, plastic bags and styrophors are one of the major causes of the clogging of our canal and creeks that contribute largely to floods and flash floods during heavy rains;WHEREAS, several cities in Metro Manila are already regulating the use of plastic bags and styrophors in their jurisdiction, while the City of Manila is seriously implementing water treatment as part of their collective effort in curbing the onslaught of environmental destruction to its people;WHEREAS, the City of Mandaluyong is home to several big and major shopping malls which, as a matter of consequence, use a big number of plastic bags and styrophors. It is but just right that we act upon in reducing the use of plastic bags and styrophors in the City as its contribution in protecting the environment;WHEREAS, the continuing environmental destruction is a serious matter that needs collective effort and political will to curb its threat to our people’s health, property and life.NOW, THEREFORE, BE IT ORDAINED by the Sangguniang Panlungsod, in session assembled:

1. Title of Ordinance

This Ordinance shall be known as “Ordinance Regulating the Use of Plastic Bags and Styrophors in All Commercial and Business Establishments in the City of Mandaluyong and Prescribing Penalties Thereof”.

2. Definition of terms

For purposes of this Ordinance, the following shall be understood, as follows:a.Plastic Bags - refers to “carry all bag” such as but not limited to plastic labo, sando bags, basura bags and handled plastic bags used by merchants in all business and commercial establishments; it, likewise, includes the use of bio-degradable plastic bags, or those materials made of high density biomate BM 205 as additive;b.Styrophor - is synonymous to Polystyrene which is a very light plastic substance used to make containers or to keep things warm, cool or protected from damage. In application, it refers to one time use or disposable food containers in fast food chains whether as dine in or take out;c.Newspaper Wraps - refers to wrappers made from old newspapers and ideally used for dry goods;d.Transparent Plastic - refers to thin and transparent plastic where purchased fish and meat in public markets and supermarkets are packed. It is commonly known as “plastic labo”. It has no “carry on” feature of plastic bag;e.Business and Commercial Establishments - an establishment where business is conducted, goods are made or stored or processed or where services are rendered. It shall not be limited to malls, boutiques, groceries, hotels, restaurants, sari-sari stores, and other establishments that which necessitates their compliance with the requirements of the Business Permits and Licensing Department;f.Wet goods - refer to products or commodities which in their nature is necessary to be wet, frozen, moist or in liquid form for preservation purposes, such as but not limited to fish, poultry, meat, shellfish and the likes.

3. Phase out schedule

The use of plastic bags and styrophors in the City of Mandaluyong shall be phased-out and regulated in the following manner:

a.First Year-use of plastic bags and styrophors in all establishments is prohibited every Mondays and Wednesdays (April 20, 2012-April 19, 2013);

b.Second Year-use of plastic bags and styrophors in all establishments is prohibited every Mondays through Fridays (April 20, 2013-April 19, 2014);

c.Third Year-Total ban of use of plastic bags and styrophors. (April 20, 2014-onwards)

4. Penalty

Any person found utilizing materials as provided in Section 2 or in violation of this Ordinance shall be penalized in the following manner:

a.A fine of not less than Five Hundred Pesos (P500.00) but not more than Five Thousand Pesos (P5,000.00) and revocation or suspension of Permit or License or imprisonment of not less than one (1) month but not more than three (3) months or both at the discretion of the court;

b.The penalty prescribed above shall be imposed upon the owner/operator of the establishment or the manager or person in charge thereof;

c.If the offender is a corporation or a partnership or association, the penalty herein prescribed shall be imposed upon the President and/or General Manager, or to the Managing Partner, as the case may be.

5. Implementation

The City Environment Management Office is the leading office in the enforcement of this Ordinance.

6. Separability clause

Any provision of this Ordinance found to be unconstitutional or contrary to existing laws and regulations shall not affect and impair the other provisions hereof.

7. Repealing clause

Ordinance No. 479, S-2011 is hereby repealed.

8. Effectivity

This Ordinance shall take effect immediately after publication.

ENACTED on this 11^th day of November, 2013 in the City of Mandaluyong.

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