IMPLEMENTING RULES AND REGULATIONS
MUNICIPAL ORDINANCE NO. 1, SERIES 2013-2016
(THE PLASTIC BAG REGULATION ORDINANCE)
RULE I
TITLE, PURPOSE AND CONSTRUCTION
Section 1. Title. These rules shall be known and cited as the Plastic Bag Rules and Regulations.
Section 2. Purpose. These rules are promulgated to prescribe the procedure and guidelines in the
implementation of Municipal Ordinance No. 1, series 2013-2016, thereby facilitating compliance therewith
and smoothing the way to achieve the objectives thereof.
Section 3. Construction. These rules shall be literally construed to carry out the policy of regulation the use
of plastic and Styrofoam/styropor to prevent/avert potential serious ecological problems in the pursuit of
sustainable growth and development.
RULE II
DECLARATION OF POLICY
Section 4. Declaration of Policy. It is the policy of the local government to adopt environment-friendly
business principles to protect and advance the right of the people to a balanced and healthy ecology and in
an environmentally-sound manner pursuant to the provision of Article II, Section 16 of the Philippine
Constitution and Section 458 of R.A. 7160 otherwise known as the Local Government Code of 1991.
RULE III
DEFINITION OF TERMS
Section 5. Definition of Terms. As used in these rules, the following terms are defined as follows:
a. Single Use, Carry Out Plastic Bag or Plastic Bag – means any bag made from plastic excluding
reusable bags, provided by a commercial establishment to a customer at the point of sale for the
purpose of carrying away goods and intended to be used for one time only
b. Reusable Bag – refers to washable canvass bag, “bayong” or any shopping bag not made from
plastic, used for carrying and transporting goods, which bags are made of organic or non-organic
materials and can be used several times
c. Polystyrene Foam (Styrofoam/Styropor) – a petroleum-based plastic made from styrene monomer
and light-weight material used in all types of products from cups and food packaging materials
d. Commercial Establishment – refers to an establishment or a cluster of establishments engaged in
commerce or sale of goods or services, including but not limited to market stores, shopping mall
outlets, supermarkets, department stores, groceries, convenience stores, food chains, restaurants,
café’s, bars, sari-sari stores and the like
e. Operator – refers to a person or group of persons in control of, or having daily responsibility for the
daily operation of a commercial establishment, which may include, but not limited to the owner of
the commercial establishment
f. Ordinance – refers to the Ordinance No. 1, series 2013-2016 of the Sangguniang Bayan of Apalit
RULE IV
SCOPE OF APPLICATION
Section 6. Scope. These rules shall be applicable to include all individual and business establishments,
reuse collectors, junk dealers and all persons, living within the Municipality of Apalit.
Section 7. Prohibited Acts. The following shall constitute acts in violation to the provisions of this
Ordinance.
1. Using, distributing or selling thin film, single use or carry out plastic bags as the point of sale for the
purpose of carrying out goods whether dry or wet goods;
2. Using polystyrene foam (Styrofoam/styropor) and other similar materials as containers for food and
other food products;
3. Using, offering or selling plastic bags or polystyrene foam (Styrofoam/styropor) as primary or
secondary packaging materials.
RULE V
LOCAL MONITORING COMMITTEE
Section 8. Local Monitoring Committee. There is hereby established a Local Monitoring Committee
hereinafter referred to as the Plastic Use Regulations Committee, under the Office of the Municipal Mayor.
The Plastic Use Regulations Committee shall be composed of the following:
Chairman
Members
:
:
Head, Integrated Solid Waste Management Office
Business Permits and Licensing Officer
Municipal Legal Officer
Public Information Officer
Secretary to the Sanggunian
The Plastic Use Regulations Committee shall meet once a month to discuss the progress and
efficacy of the Ordinance. A member of the Plastic Use Regulations Committee may designate a
permanent representative to attend the meetings.
Section 9. Powers and Functions of the Committee. The Committee shall oversee the implementation of
the Ordinance and shall undertake the following activities:
1. Encourage all business establishments to patronize products using recycled and recyclable
materials;
2. Formulate, update and provide a list of bags that may be allowed in accordance with the provision
of this Ordinance. For this, it shall be necessary that proper consultation be conducted by the
Committee with all concerned sectors to ensure a list that is based on technological economic
viability;
3. Formulate the necessary education, promotion and information campaign strategies;
4. Conduct a feasibility study of providing alternative receptacles for the disposition and marketing
products, so as not to disrupt the flow of trade and commerce in the Municipality;
5. Provide a program wherein livelihood projects shall be established for the manufacture and
distribution of eco-friendly and recyclable products as replacement of plastic bags and containers;
6. Promote commercial and industrial products that use recycled and recyclable materials;
7. Evaluate and approve applications of individuals and business establishments seeking exemption
from this Ordinance;
8. Determine a phase out period, if necessary, after proper consultation and public hearing with the
stakeholders and other sectors which will be affected by the full implementation of this Ordinance;
9. Develop mechanism for the imposition of sanctions for the violation of this Ordinance;
10. Coordinate the implementation of this Ordinance in the barangay level;
11. Prepare a semi-annual report on the progress of the implementation of this Ordinance; and
12. Review and monitor the implementation of the Ordinance and such powers as otherwise provided
by the Ordinance.
Section 10. Information, Education and Communication Campaign. Upon approval of this Ordinance, the
Municipality shall conduct a massive information, education and communication campaign using quad
media (print, tv, radio and internet) and shall also include the promotion of alternative biodegradable
packaging materials.
Section 11. Implementation. This Plastic Bag Rules and Regulations shall be implemented on January 1,
2014.
RULE VII
PENAL PROVISIONS
Section 12. Penalties. Any individual or business establishment who shall violate any of the prohibited acts
stated above shall be punished through the imposition of the following penalties:
First Offense
Second Offense
Third Offense
:
:
:
Php500.00
Php1,000.00
Php2,500.00 and/or imprisonment of not more than ninety (90)
days upon the discretion of the court and in the case of
commercial establishment, cancellation of its license to operate
for a period of one (1) year
RULE VIII
FINAL PROVISIONS
Section 13. Separability Clause. If any provisions of this Ordinance is held invalid or declared as
unconstitutional, other provisions not affected thereby shall continue to be full force and affect.
Section 14. Repealing Clause. All previous rules and regulations inconsistent with the provisions of this
Ordinance are hereby repealed, amended and modified accordingly.
Section 15. Effectivity. This Plastic Bag Rules and Regulations shall take effect fifteen (15) days following
its publications in one (1) newspaper of general circulation.
Approved this 21st day of October 2013 in the Municipality of Apalit, Pampanga.
OSCAR D. TETANGCO, JR.
Municipal Mayor