A new Executive Order (EO) signed by Makati Mayor Jejomar Erwin S. Binay that specifically distinguishes between primary and secondary packaging materials and exempts certain products from the plastic ban will take effect next week.

Binay said EO No. 007, Series of 2012 amends an earlier EO he issued last year that prescribed the implementing rules and regulations of Sections 21, 22 and 23 of the Solid Waste Management Code of Makati covering the “Use of Environment-Friendly Materials”.

“To strengthen our citywide advocacy for the use of environment-friendly packaging, we have amended the guidelines previously issued to include a clear definition of primary and secondary packaging materials.  We have also identified products packaged in plastic material that need to be exempted from the ban for the time being, since an acceptable alternative packaging is not yet available,” Binay said.

The EO defines primary packaging materials as “first level product packaging that contains the item sold,” which are used for wet produce, snack foods, frozen foods, and hardware, among others.  On the other hand, secondary packaging materials are those used to provide support for wet goods with primary packaging, usually for the convenience of the handler or customer.  

Among the products exempted from the order are plastic bottled products like bottled water, ice tea, cooking oil, alcohol, mayonnaise, jelly, peanut butter, coco jam, and the like.  Also included in the exemption are plastic sachet products like shampoo and conditioner, soap/detergent, noodles; cosmetics; cigarette case; plastic bags used as primary packaging on wet goods with thickness of 15 microns above, and other similar products.

“We appreciate the efforts of our residents and business establishments to support this advocacy, so we are giving them ample time to look for better and viable alternatives to the present packaging of these products,” the mayor said.

Binay said the new EO has also renamed the task force earlier created to head the program, from Anti-Plastic Task Force to Plastic Monitoring Task Force (PMTF). It is composed of key city government offices and departments, to strictly enforce and monitor compliance with its provisions by all supermarkets, public markets, shopping malls/department stores, restaurants, fast food chains, convenience stores, canteens, eateries and similar establishments in Makati.

Under the EO, these establishments are prohibited to sell, use or distribute plastic bags for use as primary or secondary packaging on dry goods, or as secondary packaging for wet goods.  The sale, use or distribution of Styrofoam (Polystyrene) and other materials with non-biodegradable components that are being used as containers for food, drinks, dining utensils and beverages is also strictly prohibited.

“Through these policies, we aim to encourage the use of biodegradable and/or recyclable plastic bags among business establishments and consumers alike,” Binay said.

The management has the option to provide, for free or for a fee, paper bags, cloth bags, basket/woven bags made from biodegradable packaging materials, woven native bags and other similar materials in lieu of plastic shopping bags. 

All covered establishments are also required to place a clearly marked “Plastic Bag Recovery Bin” at entrances and exits that are visible and accessible, for the purpose of collecting, recycling and disposal of plastic bags.

Barangay Halls are likewise required to have the same clearly marked recovery bins that will serve as drop-off points to collect plastic bags from barangay residents. DES will coordinate with reputable recyclers/organized junkshop operators for the proper collection, transportation, recycling and disposal of plastic bags dropped in the said bins.

In accordance with Ordinance No. 2003-095, the Solid Waste Management Code of Makati, individual violators will be fined P1,000 or imprisoned for five days to 30 days, or both at the discretion of the court, while an errant corporation or establishment will be fined P5,000 or the owner may be imprisoned from 30 days to a year, or both at the court’s discretion.  If warranted, the business permit or license may also be cancelled.

The city government has given all covered establishments one year from the effectivity of the EO to dispose of all remaining stocks of plastic bags and Styrofoam (Polysterene) and other similar materials.

Business establishments will be required to quarterly and regularly declare their stock inventory of said materials to the PMTF through the Department of Environmental Services (DES).