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Marcos ORDINANCE NO. 9-2014-020-Plastic bags, Styro regulation

Republic of the Philippines 
Province of Ilocos Norte 
MUNICIPALITY OF MARCOS

OFFICE OF THE SANGGUNIANG BAYAN

ORDINANCE NO. 9-2014-020

AN ORDINANCE REGULATING THE USE OF PLASTIC BAGS AND STYROFOAM WITHIN THE MUNICIPALITY OF MARCOS, ILOCOS NORTE, AND PRESCRIBING PENALTIES THEREOF.

BE IT ORDAINED by the Sangguniang Bayan in session duly assembled, that:
SECTION 1. Title. This ordinance shall be known and cited as
“The Anti-Plastic Ordinance of 2014 of the Municipality of Marcos, Ilocos Norte.”
SECTION 2. Definition of Terms. For purposes of this ordinance, the following terms are defined to wit:
a.             Cloth Bag (Katsa) refers to a reusable packaging material made of cloth (biodegradable) used in the packaging of flour, wheat and other similar goods.
b.             Dry Goods refer to any product that do not require refrigeration or freezing to maintain, such as textiles, clothing, medicines.
c.           Dry Market generally refers to the store of products that do not require refrigeration or freezing to maintain.
d.             Plastic Bags also known as sando bags, pouch, plastic shopping bags and plastic film bags. It is a type of flexible packaging material made of thin, plastic film that is used for containing and transporting goods and other products. It shall also refer to thin-gauge packaging medium that is used as bags or wraps.
e.             Styrofoam refers to a kind of packaging material used as food containers, disposable cups, plates, etc.
f.              Plastic Wastes refer to any plastic packaging material thrown as waste.
g.             Primary Packaging Materials refer to those types of packaging for containing wet produce, snack foods, frozen foods, hardware, etc.
h.             Secondary Packaging Materials refer to those types of packaging materials for wet goods to provide support to any primary packaging and intended for convenience of the handler as well.
i.              Wet Goods refer to any product that requires refrigeration or freezing to maintain such as fish, meat, fresh poultry products, fruits, vegetables, beverages and cooked foods in carinderias/eateries.
j.              Wet Market generally refers to the store of products that requires refrigeration or freezing to maintain. These include the wet section in public markets, supermarkets, mini marts, restaurants and carinderias/eateries.
k.           Woven Bags (a.k.a Bayong) refer to  biodegradable packaging material made of woven pandan or buri leaves and other similar materials.
SECTION 3. Control on the Use of Plastic Bags on Dry goods. No business establishment shall utilize plastic bags as packaging material on dry goods. Instead, business establishment should encourage the utilization of alternative packaging materials such as woven bags, cloth bags, paper bags and other similar materials and should promote using reusable materials by posting in their establishments Bring Your Own Bag”.
SECTION 4. Regulating the Use of Plastic Bags on Wet goods. Business establishments dealing on wet goods shall use plastic bags as primary packaging material only.
SECTION 5. Prohibition on the Use of Styrofoam. No business establishment shall use styrofoam and other similar materials as containers for food, produce and other products.
SECTION 6. Prohibition on the Selling of Plastic Bags. No business establishment shall offer or sell plastic bags to be used as secondary packaging material or as primary packaging material on dry goods.
SECTION 7. Plastic Wastes not to be collected. Plastic bags discarded or other similar plastic waste materials will not be included in the collection of non-biodegradable wastes. These materials must be cleaned and dried prior to submission to their respective barangays for proper disposal.
SECTION 8. Monitoring of Ordinance. The Municipal Environment & Natural Resources Officer (MENRO) shall monitor the effective implementation of this ordinance. The MENRO shall prepare a semi-annual report on the progress of the implementation of this Ordinance.
SECTION 9. Information Education and Communication Campaign. Upon approval of this Ordinance, the Municipality shall conduct massive information education and communication campaigns using quad media (print, radio, television and internet), barangay assemblies and shall also include the promotion of alternative biodegradable packaging materials.
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 Mayor for the proper and effective implementation of this Ordinance.
SECTION 11. Prohibited Acts. Establishments and/or individuals are prohibited from:
(a)            Selling and providing plastic bags to customers as secondary packaging materials on wet goods;
(b)            Selling and providing plastic bags to customers as packaging material on dry goods;
(c)         Selling and providing styrofoam as containers; and
(d)        Disposing plastic wastes.
SECTION 12. Penalties. All establishments who violate any of the prohibited acts stated above shall be punished through the imposition of the following penalties:
First offense   :   P   1,000.00 fine
Second offense  :    P        2,000.00 fine
Third offense              :     P     2,500.00 fine and cancellation of business permit and license to operate business for a period of one (1) year.
SECTION 13. Separability Clause. If, for any reason, any section or provision of this ordinance is declared unconstitutional or unlawful, other sections or provisions thereof which are not affected thereby shall continue to be in full force and effect.
SECTION 14. Repealing Clause. All previous ordinances inconsistent with this Ordinance shall be deemed repealed or modified accordingly.
SECTION 15. Effectivity. This Ordinance shall take effect on January 1, 2015.
Voting In Favor - - - SBM Pambid, dela Cruz, Guillermo, Pillos,
Calaoagan, Tamayo, Ermitanio;
Voting Against - - - SB Member Rosqueta; Abstention - - - - - - None.
(absent SBM Agustin)

CERTIFIED CORRECT:
(Sgd) MARITES S. BUMANGLAG
Secretary to the Sanggunian

ATTESTED:
(Sgd) Atty. JAMES A. FELIPE
Vice Mayor/Presiding Officer

APPROVED: September 12, 2014
(Sgd) ARSENIO A. AGUSTIN
Municipal Mayor


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