Comments Invited on Draft Plastics (Manufacture, Usage and Waste Management) Rules

MINISTRY OF ENVIRONMENT AND FORESTS NOTIFICATION
Plastics (Manufacture, Usage and Waste Management) Rules, 2009
New Delhi, the 17th September, 2009

The notice is hereby given that the said draft notification (attached as well) shall be taken into consideration on or after the expiry of a period of sixty days from the date on which copies of this notification as published in the Gazette of India are made available to public;

Objections or suggestions to proposals contained in the draft notification, if any, may be addressed, within the period so specified, to the Secretary, Ministry of Environment and Forests, Paryavaran Bhawan, CGO Complex, Lodi Road, New Delhi-110 003 or electronically at e-mail: secy-moef@nic.in


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MINISTRY OF ENVIRONMENT AND FORESTS
NOTIFICATION
New Delhi, the 17th September, 2009
•
S.O. 2400(E).- The following draft of certain rules, which the Central Government proposes to issue in exercise of the powers conferred by clause (c) and clause (d) of sub-section (2) of section 6 and sections 8 and clause (b)' of sub-section (2) of section 25 of the Environment (Protection) Act, 1986 (29 of 1986) and in supersession of the Recycled Plastics Manufacture and Usage Ruies, 1999 except as respects things done or omitted to be done before such supersession, is hereby published for the information of public likely to be affected thereby; and the notice is
hereby given that the said draft notification shall be taken into consideration on or after the expiry of a period of sixty days from the date on which copies of this notification as published in the Gazette of India are made available to public;

Objections or suggestions to proposals contained in the draft notification, if any, may be addressed, within the period so specified, to the Secretary, Ministry of Environment and Forests, Paryavaran Bhawan, CGO Complex, Lodi Road, New Delhi-110 003 or electronically at e-mail address:secy-moef@nic.in;

The objections and suggestions which may be received from any person with respect to the said draft rules before the expiry of the period so specified shall be considered by the Central Government.
Draft notification
Short title and commencement-.
1. (1) These rules may be called the Plastics (Manufacture, Usage and Waste
Management) Rules, 2009.

(2) They shall come in to force on the date of their final publication in the Official
Gazette.
2. Application.-
(a) the provisions of rule 5 shall not apply to the manufacture of carry bags
exclusively for exp!Jrtpurposes, against an order for export received by the
owner or occupier of the concerned manufacturing unit; .
(b) the manufacturer shall ensure that there shall not be any plastic bags in
the market other than those of the specified thickness, size and quality as
referred to in rule 5.
3. Definitions.- In these rules, unless the context otherwise requires, -
(a) "Act" means the Environment (Protection) Act, 1986 (29 of 1986);
(b) "Biodegradable plastic" means compostable plastic;·
(c) "carry bags" means the plastic bags which have self carrying features for
carrying commodities;
(d) "Commodities" includes articles; but not limited to, such as vegetables,
fruits, pharmaceuticals, food grains, etc;
(e) "Compostable plastic" means plastic that undergoes degradation by
biological processes during composting to yield CO2, water, inorganic
compounds and biomass at a rate consistent with other known compostable
materials and does not leave visible, distinguishable or toxic residue;
(f) "consent" means the consent to establish and consent to operate from the
concerned State Pollution Control Board or Pollution Control Committee
granted under the Water(Prevention and Control of Pollution), 1974 (60 of
1974), and the Air (Prevention and Control of Pollution), 1981(14 of 1981);
(g) "Container" means flexible or rigid containers made of virgin plastics or
recycled plastics or biodegradable plastics with or without lid used to store,
carry or dispense commodities;
(h) "disintegration" means physical breakdown of a" material into very small
fragments;
(i) "food-stuffs"means ready to eat food products, fast food, processed or
cooked food in liquid, powder, solid or semi-solid form;

(j) "Manufacturer" means any person who is involved in manufacturing of non-
degradable or degradable plastic carry bags, containers, multilayered or
metallic packaging, pouches, etc.;
(k) "post-consumer means any plastic product such as carry plastic waste" bag or container or pouch or multilayered packaging, which is discarded after use or after its intended life is over;
(I) "registration" means registration of units manufacturing carry bags and
containers made of virgin or recycled or biodegradable plastics with
concerned State Pollution Control Board or Pollution Control Committee, as
the case may be;
(m)"user" means any person who uses carry bags or containers or pouches or
multilayered packaging for carrying, storing or dispensing of commodities;
(n) "Vendo.r" means a person who sells commodities in plastic carry bags or
containers;
(0) "Waste Management" means scientific reduction or reuse or recycling or
disposal of plastic wastes;
4. Prescribed Authority.- Prescribed authority means the authority
(a) for enforcement of the provisions of these rules related to manufacture and
recycling shall be the State Pollution Control Boards and the Pollution
Control Committees in respect of Union territories;
(b) for enforcement of the provisions of these rules related to the use,
collection, segregation, transportation and disposal of post consumer
plastic shall be the concerned municipal authority;
(c) to verify the Bureau of Indian Standards' specifications for carry bags and
containers made of plastics shall the State Pollution Control Board or
Pollution Control Committee, .as the case may be.
5. Conditions.- During course of manufacture, sale, stock, distribution and use
plastic carry bags, containers, pouches and multilayered packaging the following
conditions shall be fulfilled, namely: -

(a) "carry bags and. containers made of virgin plastics shall be in natural
shade;
(b) no person shall use carry bags or containers made of recycled plastics or
biodegradable plastics for storing, carrying, dispensing or packaging of
food stuffs;
(c) carry bags and containers made of recycled or biodegradable plastics and
used for purpose of other than storing and packaging foodstuffs shall be
manufactured using pigments and colorants as per the Bureau of Indian
Standards' specifications: IS 9833: 1981 entitled "List of pigments and
colourants for use in plastics in contact with foodstuffs,pharmaceuticals
and drinking water";
(d) no person shall manufacture, stock, distribute or sell carry bags made of
virgin or 'recycled plastics or bio-degradable plastics, which are less than
12x18 inches (30X45 cms) in size and less than 40 microns in thickness;
(e) no person shall manufactute carry bags or containers or pouches or
multilayered packaging from biodegradable plastics unless these meet the
Bureau of Indian Standards' specifications: ISIISO 17088:2008 entitle1
"Specifications for Compostable Plastics"·.
(f) no person shall manufacture; stoCk, distribute or sell non-recyclable
laminated plastic or metallic pouches, multilayered packaging's, and other
non-recyclable plastics.
6. Recycling.- Recycling of pl~stics shall be undertaken strictly in accordance with
the Bureau of Indian Standards'specification: IS 14534: 1998 entitled" The
Guidelines for Recycling of Plastics"
7. Marking or codification.- Every manufacturer shall code or mark each carry bag
or container made of plastics, so as to ascertain whether it is made of "virgin
plastic" or "recycled plastic" or "bio-degradable plastic" as per the following
namely:-

(a) the manufacturer of recycled carry bags or container shall code or mark each
carry bag and container as per the Bureau of Indian Standards' Specification: IS 14534: 1998 entitled "The Guidelines for Recycling of Plastics" and the end product made of recycled plastics shall be marked as "recycled" along with indication of the percentage of use of recycled material;
(b) each carry bag or container made from biodegradable plastic shall bear a code/mark as per Bureau of Indian Standards' Specification: ISIISO 17088:2008 entitled "Specifications for Compostable Plastics" and the end product made of biodegradable plastics shall be marked "compostable" or "biodeg~dable during composting";
(c) each carry bag or container shall be printed bilingually (English, Hindi or Local
language) with the following information namely:-
(i) Name and address of the Manufacturer'
(ii) Registration number granted by the concerned State Pollution Control
Board or Pollution Control Committee;
(iii) Size and thickness of the carry bag or container.
8. Protocols for plastic materials.-Determination of biodegradability and the
degree of disintegration of plastic material shall be as per the protocols of the Bureau of Indian Standards listed at the Annexure to these rules.
9. Registration.- The grant of registration certificate will be subject to the following
conditions, namely:-
every occupier manufacturing or proposing to manufacture carry bags or containers made of virgin plastics or recycled plastics or biodegradable plastics shall make an application in Form 1 appended to these rules to the State Pollution C.ontrol Board or Pollution Control Committee of the Union territory concerned for grant of registration or renewal of registration for his
unit, as the case may be;

on or after the commencement of these rules, no person shall manufacture carry bags or containers irrespective of its size or thickness or quality unless the occupier of the unit has registered his unit with the State Pollution Control Board or Pollution Control Committee, as the case may be, prior to the commencement of production;

the State Pollution Control Board or Pollution Control Committee shall not issue or renew the registration certificate to a unit unless the unit possesses a valid consent under the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) and the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981) as per the requirements laid down by the State Pollution Control Board or Pollution Control Committee, as the case may be;
every State Pollution Control Board o'r Pollution Control Committee shall grant (iv) registration within thirty days of receipt of application, complete in all respects.

the registration granted under this rule shall, unless revoked/suspended or (v) cancelled earlier, be valid for a period of three years:

Provided that the certificate of registration shall not be revoked or suspended or cancelled unless the manufacturer shall be given an opportunity of hearing;

every application for renewal of registration shall be made in the Form 1 appended to these rules at least sixty days before the expiry of the validity of registration.
[F. No. 17-212001-HSMD]
RAJIV GAUBA, Jt. Secy.

P.S.:
There are annexures to the Draft Rules titled
"Protocols for determination of biodegradability and the degree of disintegration of plastic materials(see rule8)"and FORM -I [See rules 9(i) and 9(vi)]