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I still see plastics around!

That is true. Plastics have not been completely abolished.  They are being phased out starting from a few (19) items that have been banned from July 1, 2022 and by increasing the thickness of plastic bags gradually in phases. The Extended Producers Responsibility guidelines notified in February 2022 also sets gradually scaled up targets for plastic recycling, making it mandatory for producers, importers and brand-owners to recycle up to 50 per cent of the plastic they use or produce over the next three years. Even as per the PWMR, any similar notification introducing prohibition in future shall not come into force before the expiry of ten years from the date of its publication.

What is not banned?

All of us know or are fond of Pepsico and Coke drinks/products. However, the less known fact about them is that the Coca-Cola Company and PepsiCo are ranked as the world’s top plastic polluters for the 4^th consecutive year in 2021 according to Global Brand Audit Report of Break Free From Plastic.[1] As apparent enough, these bottles are not banned. Further, PET bottles having a liquid holding capacity of 200 ml or more with deposit and refund price or buy-back price under EPR printed on them; recyclable plastic stationery products used at office and educational institutions; thermocol boxes to preserve fish in the fishery business; plastic for packaging of medical equipment and medical products; plastic items like bottles, tiffins and boxes used for domestic purposes; recyclable multi-layered plastic items like chips packets, shampoo sachets, oil packets and chocolate packets; virgin plastic bags used for milk (having a thickness of not less than 50 microns and must be printed with a buy-back price); paper-based carton packaging using one or more layers of plastic; compostable plastic bags used for horticulture, agriculture, plant nurseries and solid waste handling; plastic packaging material with more than 50-micron thickness, a minimum of two grams weight used to seal groceries and grain products at wholesale and retail stores and manufacture of plastic bags for export purposes in export-oriented units and Special Economic Zones – are not banned.[2]

Why are plastics being phased and not completely banned?

Plastics are monstrously destroying life on planet.[3] A shocking 91 per cent of all plastic is single-use which is being used for the last 6 decades. As per US Chronicle, “The problem is so serious that the United Nations has identified single-use plastics as one of the world’s biggest environmental challenges of modern times”.[4] In this background, a natural question ascends that why then single-use plastics are not being completely banned? The answer is not simple. The manufacturers argue that why they should stop producing when there is a clear demand. Consumer lament that they do not have an equally good alternative. The options available are not only inconvenient but also economically unsustainable.  Then the end buyers may not carry the shopping bag every time they are at sale point – there could be unplanned purchases too. Of all the issues, the most pressing is that of lack of an eco-friendly product, which is a complete substitute of the plastic in all uses. Such product has not been found till date.[5] Paper bags are also not the solution. Firstly, the energy required to produce 500 grams of paper (used to make carry bag) is 300 times more than that required for a plastic bag and secondly, it cannot withstand weight and gets easily spoilt especially when it rains.[6] Paper bags are not mostly reusable. In the absence of a suitable alternative, therefore, it shall be impractical nay unwelcome step to impose a blanket ban on the use of plastics or on all items made of single-use plastics.

The increase in thickness of plastics as a Government measure, will have two substantial consequences. The thick plastic is costly to produce. This may lead to less production of plastic bags and even lesser purchase of such plastic bags. There are also chances that if the thickness of certain materials is increased, it will encourage people to re-use those, leading to less littering.

Punishments and Penalties

The production, sale and use of single-use plastic and pollution caused due to its littering is further directly connected to the penalties prescribed under the law and how strictly is the law  being implemented on ground. The sanction for violating the rules is provided in the Environment Protection Act, 1986 under which the two Rules i.e. Solid Waste Management Rules, 2016 and Plastic Waste Management Rules, 2016 have been formulated. The implementation, however, shall be done by local civic bodies’ who shall take decisions on punitive actions including fines and jail terms through the bye-laws.

Environment Protection Act

As per Section 15 of the Act, the contravention of the use of banned identified single-use plastic items may attract a penalty of imprisonment for a maximum term of five years or with maximum fine of Rs. 1,00,000/-, or with both. In case contravention continues, there may be imposed an additional fine which may extend to Rs. 5,000/- for every day during which such failure or contravention continues after the conviction for the first such failure or contravention. The relevant section has been reproduced herein below:

15. PENALTY FOR CONTRAVENTION OF THE PROVISIONS OF THE ACT AND THE RULES, ORDERS AND DIRECTIONS.-

(1) Whoever fails to comply with or contravenes any of the provisions of this Act, or the rules made or orders or directions issued thereunder, shall, in respect of each such failure or contravention, be punishable with imprisonment for a term which may extend to five years with fine which may extend to one lakh rupees, or with both, and in case the failure or contravention continues, with additional fine which may extend to five thousand rupees for every day during which such failure or contravention continues after the conviction for the first such failure or contravention.

(2) If the failure or contravention referred to in sub-section (1) continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which may extend to seven years.

Are penalties in operation?

Yes, they are. On July 1, 2022, when the nation-wide ban on single-use plastic items kicked in, Mr. Gopal Rai, Delhi Environment Minister said that the penalties for violating the ban will be imposed only after July 10, 2022. For a month, there shall also be a pre-planned pan-India awareness campaign from July 1 to July 31. Accordingly on July 10, in Delhi, a control room to monitor the implementation of the ban has been set up by the Delhi Pollution Control Committee (DPCC). Any complaint regarding violations can be made to the control room which shall transfer the complaint to the municipal bodies. Additionally, the Revenue Department and the Delhi Pollution Control Committee have respectively constituted 33 and 15 teams to ensure the enforcement of the ban across the State. Any violation shall attract a penalty under Environment Protection Act to be imposed by Revenue Department. The MCD shall separately take action as per the bye-law. Any grievances regarding the violations can also be lodged through the Green Delhi application of the Delhi Government or the “SUP-CPCB” application of the Central Pollution Control Board.

The Delhi Government, on 15^th September, 2021, had separately notified Draft of Plastic Waste Management Bye-laws, 2021 applicable within the territorial limits of South Delhi Municipal Corporation, East Delhi Municipal Corporation, North Delhi Municipal Corporation, New Delhi Municipal Council and Delhi Cantonment Board.[7] The law defines penalties for various violations totaling to 19 as listed in Schedule-I of the draft bye-laws.

Some municipal bodies in other states like Tamil Nadu have been taking action under their bye-laws much before 1^st July. Recently, a Division Bench of Madras High Court was told by the Greater Chennai Corporation that 47,961 shops were inspected and 20,056 kg of banned plastics seized by the authorities between August 19, 2021 and March 18 2022. The Court was informed by the officer of the municipal body that the repeat offenders would be liable for cancellation of their trade license. Such shops would be closed and sealed. The Municipal Corporation is also currently intensifying its endeavor to systematically dispose of the plastics and also create awareness amongst the traders and plastic manufacturers associations. The local body is also distributing cloth bags free cost.

The bye laws governing the functioning of local bodies, including municipal corporations and municipalities in Tamil Nadu – under which Greater Chennai Corporation works – (Chennai City Municipal Corporation Act, 1919, Tamil Nadu District Municipalities Act, 1920, Madurai City Municipal Corporation Act, 1971, and Coimbatore City Municipal Corporation Act, 1981) were amended in 2019 and immediately given assent by the Governor. As per the bye-laws, storage, supply, transport, sale and distribution of any of the 14 banned items, including carry bags, cups or plates, would attract a fine of Rs. 25,000 the first time, Rs. 50,000 the second and Rs. 1 lakh the third. Similarly, the use and distribution of such plastics in large commercial establishments, including grocery shops and pharmaceutical shops, would attract a fine of Rs. 1,000 the first time, Rs. 2,000 the second and Rs. 5,000 the third. For smaller traders, the fine amounts are nominal and they would be asked to pay Rs. 100 the first time, Rs. 200 the second and Rs. 500 the third. If a person commits the breach for a fourth time, the trade licence shall be cancelled.[8]

Conclusion

If one goes and sees Nehru Place market today, a prime location in South Delhi, the ground is littered with plastics. Ignore the buzz, if you can for a moment, the place looks like an abandoned one – abandoned by us not the Government. It makes one sad if not hopeless!

However, much has visibly also changed for good. We do not get polybags with vegetable and fruit vendors. Restaurants are using biodegradable/biodesposable  straws. Take-aways are not being given in single-use plastic boxes anymore.

As per a report, teams of the Delhi Pollution Control Committee (DPCC) and urban local bodies (ULBs) issued a total of 119 fines on 11.07.2022 amounting to Rs. 1.23 crore. The actions also lead to shutting factories and market units that were caught violating norms. The DPCC teams inspected 96 units, out of which 59 units were fined and closed. ULBs inspected 529 units across Delhi markets, of which 330 were found violating the ban and 60 were fined. A total fine amount of Rs. 30,000/- was collected by ULBs and around 16,359 kilos of banned SUP items were collected on 11.07.2022.[9]

The issue of plastics will clearly take some time to go but gone it will be in the light of government working in full vigour towards elimination of plastics in phases. The initiative taken by the Indian Government is not a papaya step. If seen against the fact that people have gone unemployed and have lost their businesses across the country in this process,[10] the initiative needs to be supported by one and all to make this worth – because when it comes to plastics that lasts perpetually in the environment, every plastic counts and so does the smallest of initiatives taken by individuals. But beyond these impacts, the ban is bound to also boost the R&D. Along with Government encouraging the innovations, the companies will also be forced to rethink their designs and sourcing of sustainable materials. It should also have a cultural impact where it should help shift consumer mind-sets into not using or littering plastics. In this light, at least one can see a silver lining in the background of the international and national efforts in process and intense work being undertaken at local levels and above all with consciousness of the people.

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[1] https://www.breakfreefromplastic.org/2021/10/25/the-coca-cola-company-and-pepsico-named-top-plastic-polluters-for-the-fourth-year-in-a-row/#:~:text=October%2025%2C%202021%20%E2%80%94%20The%20Coca,for%20fueling%20the%20climate%20crisis.

[2] The list has been taken from https://newsable.asianetnews.com/india/india-plastic-ban-do-you-know-what-plastic-products-are-not-banned–resnbc

[3] For statistics please visit https://www.un.org/pga/73/plastics/

[4] https://www.un.org/en/un-chronicle/reducing-single-use-plastic-pollution-unified-approach

[5] In 2019 there has been an invention of a “fake plastic” by a woman by the name Sharon Barak who is a chemical engineer from Israel. Her product has 100% eco-friendly materials. It feels, looks and functions like plastic, but at the same time immediately dissolves in water. The most surprising part is that such water solution is potable. Her start-up runs by the name Solutum and is available at https://www.solutum.co/. The invention, whenever it comes in the market, may take the world by storm.

[6] https://www.deccanherald.com/special-features/increase-plastics-thickness-but-don-t-ban-them-kspa-767774.html

[7] Available at http://www.indiaenvironmentportal.org.in/files/file/Draft%20Plastic%20Waste%20Management%20Bye%20laws%202021.pdf

[8] https://www.thehindu.com/news/cities/chennai/penalties-for-violation-of-plastic-ban-announced/article26461249.ece

[9] https://www.hindustantimes.com/cities/delhi-news/delhi-govt-starts-issuing-penalties-for-violating-plastic-ban-rule-101657582400074.html]

[10] After the ban on single-use plastic in the state since 2016, over 2 lakh people have lost jobs directly, and the industry incurred a loss of Rs 800 crores so far. [https://www.deccanherald.com/special-features/increase-plastics-thickness-but-don-t-ban-them-kspa-767774.html]

Why Ban Single-Use Plastic?

What we are surrounded with is fuel based plastic. As per UNEP, 98 per cent of single-use plastic products are produced from fossil fuel, or “virgin” feedstock. The production, use and disposal of conventional fossil fuel-based plastics alone contributes to a large amount of  greenhouse gas emissions associated which are predicted to grow to 19 per cent of the global carbon budget by 2040.

Being long chain polymers, plastics are most durable and the nature cannot break them down. They can only be recycled into other products. However, 90% of the plastic is never recycled as it is lost in rivers, seas and land litter.[1] In the environment it breaks up into smaller and smaller pieces called ‘micro plastics’ (maximum of 5 mm) and finally ends up getting into the food chain causing several health issues in ecosystem including grave effect on human health[2]. Most adversely affected is water due to leaching of additives, colorants, stabilizers and fillers present in the different categories of plastic products.[3] As on date, the EU Parliament has recorded that more than 80% of marine litter is plastic. Plastic accumulates in seas, oceans and on beaches in the EU and worldwide. Plastic residues are found in marine species – such as sea turtles, seals, whales and birds, but also in fish and shellfish, and therefore in the human food chain.

Half of the plastic produced and consumed worldwide (which is 300 million tons) is single-use plastic. Single-use plastic also forms large part of the litter that never goes for recycling because of small size of products they are used in (e.g. straws, bags, and cutlery etc.) Such small sized products made of single-use plastic are lost in soil, water/drainage or blown away by wind when littered, much faster than other plastics. It is also vital to understand that single-use plastic, specially cannot be recycled because the products made out of it are usually too small for the machines to process and they get stuck in the machines. The recyclers too, often, decline to accept and recycle such plastics in their facility.

Where all plastics are banned?

As per UNEP report[4], 127 out of 192 countries reviewed had adopted some form of legislation to regulate plastic bags as of July 2018. Among these countries, government interventions have been made varying from reduction in the manufacture, distribution, use and trade of plastics bags, imposing high tax on plastic manufacturing and setting recycling targets. The most common form of regulation, however, is the ban on free retail distribution, which 83 countries have adopted. 61 countries have adopted ban on manufacturing and import. 27 countries have enacted law imposing ban on single-use plastics — either on identified products (e.g. plates, cups, straws, packaging), materials (e.g. polystyrene) or production levels. Till 2018, however, none of these bans were “total”.[5]

In 2002, Bangladesh became the first country in the world to implement a ban on thin plastic bags, when it was found that they played a key role in clogging drainage systems resulting in disastrous flooding countrywide. Other countries began to follow suit.

Plastic bags have been banned in Rwanda since 2008, with strict policies that include luggage searches at the border where any plastic bags found are confiscated. Anyone found violating the plastic bag ban law may receive a fine or, in more serious cases, a prison sentence.[6]

The EU has acted against plastic pollution too. From July 2, 2021, single-use plastic plates, cutlery, straws, balloon sticks and cotton buds cannot be placed on the markets of the EU Member States. In addition, the same measure applies to cups, food and beverage containers made of expanded polystyrene, and all products made of oxo-degradable plastic. Oxo-degradable or “oxo”-biodegradable, are made of bio-additives, such as starch added to polyethylene (PE). These are often falsely marketed as being biodegradable, when they are only degradable.

Wondering about U.S. and China? US has not passed any law as on date despite the fact that the U.S. is one of the world’s largest producers of plastic waste. Out of the plastics littered, it recycles only 5-6%. A major part is exported to developing countries to recycle. As per the CNBC report[7] U.S. Interior Department[8] issued an order on June 8, 2022 to reduce the procurement, sale and distribution of such products and packaging.

China has imposed a limited ban on January 1, 2021 by prohibiting restaurants in the country from providing single-use plastic straws and stores from providing plastic shopping bags in the major cities.

Russia has not imposed banned on plastics yet.

INDIA

India has a whooping per capita plastic consumption of 11 kgs. The Central Pollution Control Board (CPCB) Report (2019-20) states that 3.5 million metric tonnes of plastic waste are generated in India annually. India generates 25,940 tons of plastic waste every day but collects only 60 percent of it.

India is attempting to phase out plastics with a legislative framework set out in 2016.

LEGISLATIVE FRAMEWORK

The first-ever law on waste management was in the form of the Municipal Solid Wastes (Management and Handling) Rules notified in 2000. Thereafter, the Government, under overarching campaign of “Clean and Green”, came up with Solid Waste Management Rules, 2016, Plastic Waste Management Rules, 2016 (PWMR), Plastic Waste Management Amendment Rules, 2018 and most recently, Plastic Waste Management Amendment Rules, 2021 and Plastic Waste Management Amendment Rules, 2022.

Solid Waste Management Rules, 2016 for the first time provided for “extended producer responsibility” (EPR) denied under section 3(21) to mean “responsibility of any producer of packaging products such as plastic, tin, glass and corrugated boxes, etc., for environmentally sound management, till end-of-life of the packaging product.”

Plastic Waste Management Rules, 2016/PWMR were made by the Ministry of Environment, Forest and Climate Change and notified on March 18, 2016[9] in exercise of the powers conferred by sections 3, 6 and 25 of the Environment (Protection) Act, 1986. These were in supersession of the Plastic Waste (Management and Handling) Rules, 2011 published by the Government of India in the erstwhile Ministry of Environment and Forests.

The PWMR, under Rule 4, sets conditions on manufacture, import, stocking, distribution, sale and use of carry bags, plastic sheets or like, or cover made of plastic sheet and multilayered packaging. The PWMR separately defines “carry bags” under Rule 3(c) to mean “bags made from plastic material or compostable plastic material, used for the purpose of carrying or dispensing commodities which have a self carrying feature but do not include bags that constitute or form an integral part of the packaging in which goods are sealed prior to use.” “Multilayered packaging” as per Rule 3(n) means “any material used or to be used for packaging and having at least one layer of plastic as the main ingredients in combination with one or more layers of materials such as paper, paper board, polymeric materials, metalised layers or aluminium foil, either in the form of a laminate or co-extruded structure.”

The conditions that have been imposed under Rule 3 of PWMR are:

• Carry bags to be in natural shade with no or only BIS approved added pigments/colorants.
• Carry bags or products made of recycled plastic not to be used for storing, carrying, dispensing or packaging ready to eat or drink food stuff.
• carry bag made of virgin plastic (i.e. plastic material which has not been subjected to use earlier and has also not been blended with scrap or waste) or recycled plastic, shall not be less than 50 microns in thickness.
• plastic sheet or like, which is not an integral part of multilayered packaging, not to be less than 50 microns in thickness except where the thickness of such plastic sheets impair the functionality of the product.
• the manufacturers have been restricted from selling or providing or arranging plastic to be used as raw material to an unregistered producer. Rule 13 of the PWMR provides for registration of producers, recyclers and manufacturers.
• sachets using plastic material not to be used for storing, packing or selling gutkha, tobacco and pan masala. It is a blanket ban. New packaging made of aluminium and paper has been introduced for packing gutkas instead.
• recycling of plastic waste to conform with the BIS.
• The provision of thickness shall not be applicable to carry bags made up of compostable plastic. As per Rule 3(e) “compostable plastics” mean “plastic that undergoes degradation by biological processes during composting to yield carbon dioxide, water, inorganic compounds and biomass at a rate consistent with other known compostable materials, excluding conventional petro-based plastics, and does not leave visible, distinguishable or toxic residue”.
• plastic material, in any form including Vinyl Acetate – Maleic Acid – Vinyl Chloride Copolymer, shall not be used in any package for packaging gutkha, pan masala and tobacco in all forms.

Rule 5 addresses the issue of Plastic Waste Management through recycling by plastic waste recycler, local bodies encouraging the use of plastic waste – preferably the plastic waste which cannot be further recycled – for road construction as per Indian Road Congress, disposal of thermo set plastic waste and disposal of inert from recycling or processing facilities of plastic waste.

‘Thermoset polymers’ or ‘inert waste’ was not defined in the Rules initially.  It was only in 2021 that the definition of “Thermoset plastic”was introduced by way of amendment. ‘Thermoset polymers’ are material, especially, a synthetic plastic or resin that hardens permanently after one application of heat and pressure. These polymers are found in car parts and electrical appliances and thus, have to be durable and heat-resistant. However, typically these cannot be easily recycled or broken down after use.

Inert waste, as different from hazardous and non-hazardous waste, is waste which is neither chemically nor biologically reactive. This in turn means that it takes a long time to dispose of and sometimes it does not get decomposed at all. However, it is not dangerous to health. The problem however lies elsewhere. This kind of waste takes a lot of space and since it takes a long time to decompose or does not decompose at all, it just occupies space. The inert waste would include concrete, rubble, sands, clay, soil and chalk.

The PWMR also make local bodies liable for segregation, collection, storage, transportation, processing and disposal of the plastic waste, to see that no damage is caused to the environment during this process, creating awareness among all stakeholders, engaging civil societies or groups working with waste pickers and ensuring that open burning of plastic waste does not take place.

The most notable feature of the Rules is that it extends the liability to the Gram Panchayats. This is because it is only recently that the plastics, on account of the mini and micro packaging and sachet/pouch culture have found its way to the villages in India.

The PWMR separately impose responsibility on waste generators to minimize generation of plastic waste and segregate plastic waste at source and ensure segregated storage of waste at source and handover segregated waste to urban local body or gram panchayats or agencies appointed by them or registered waste pickers’, registered recyclers or waste collection agencies. All waste generators are required to pay ‘user fee or charge’ as may be specified in the byelaws of the local bodies for plastic waste management such as waste collection or operation of the facility. The waste generators also include every person organizing an event in open space, which involves service of food stuff in plastic or multilayered packaging. Such person is required to segregate and manage the waste generated during such events as per Rule 8(4) of the PWMR.

Rule 9 provides for the responsibility of the producers, importers and brand owners to register itself under the Rules. As per the Rules, the primary responsibility for collection of used multi-layered plastic sachet or pouches or packaging is of producers, importers and brand owners who introduce the products in the market. They need to establish a system for collecting back the plastic waste generated due to their products. The manufacture and use of non- recyclable multilayered plastic, if any, by the producers, importers and brand owners is required to be phased out in two years time.

Retailers and street vendors are prohibited under PWMR to sell or provide commodities to consumer in carry bags or plastic sheet or multilayered packaging, which are not manufactured and labelled or marked, as per prescribed under the Rules. Plastic carry bag is to be provided by only those vendors that are registered. Carry bags in such shops shall be chargeable.

What essentially the Plastic Waste Management Rules, 2016 has done is also to increase the minimum thickness of plastics to 50 micron and then 75 microns for plastic sheets, to facilitate collection and recycle of plastic waste, expand the applicability to rural areas, introduce responsibilities of producers and generators in plastic waste management including their registrations for monitoring them, to promote use of plastic waste for road construction, introduction of Extended Producer Responsibility on the producers (i.e persons engaged in manufacture, or import of carry bags, multi-layered packaging and sheets or like and the persons using these for packaging or wrapping their products) and brand owners, and restrictions on retailers and street vendors for giving out plastics carry bags amongst other things.

Plastic Waste Management (Amendment) Rules 2018[10] were notified on March 27, 2018. It added the definition of “alternate use” to mean “use of material for a purpose other than for which it was conceived, which is beneficial because it promotes resource efficiency”. It also added the definition of “energy recovery”. Multi-layer plastics were further explained as ones that are not only non-recyclable but also non-energy recoverable and with no alternative use.

Plastic Waste Management Amendment Rules, 2021[11], notified on August 12, 2021, introduced definitions of “Single-use plastic commodity”, “Thermoset plastic” and “Thermoplastic”. The amendments prohibited the use of plastics of less than seventy five microns in thickness with effect from the 30^th September, 2021 and one hundred and twenty (120) microns in thickness with effect from the 31st December, 2022. It additionally placed two more conditions in PWMR that the manufacture, import, stocking, distribution, sale and use of identified single-use plastic items including commodities made of polystyrene and expanded polystyrene, shall be prohibited with effect from the 1^st July, 2022 which included ear buds with plastic sticks, plastic sticks for balloons, plastic flags, candy sticks, ice-cream sticks, polystyrene [thermocol] for decoration, plates, cups, glasses, cutlery such as forks, spoons, knives, straw, trays, wrapping or packing films around sweet boxes, invitation cards, and cigarette packets, plastic or PVC banners less than 100 micron and stirrers. It is also stated in the 2021 Amendment Rules that if there is any further notification which will prohibit the manufacture, import, stocking, distribution, sale and use of carry bags, plastic sheets or like, or cover made of plastic sheets and multilayered packaging and single-use plastic, including polystyrene and expanded polystyrene, commodities, issued after this notification, it shall come not come into force before the expiry of ten years from the date of its publication.    

Plastic Waste Management (Amendment) Rules, 2022[12]

The Ministry of Environment, Forest and Climate Change on 16.02.2016 notified the Guidelines on the Extended Producer Responsibility for plastic packaging vide Plastic Waste Management Amendment Rules, 2022. Directions have been issued to E-commerce companies, leading single use plastic sellers/users, and plastic raw material manufacturers with respect to phasing out of identified single use plastic items. EPR is a kind of reverse collection system to be followed by producers and is based on the established principle of ‘Polluter Pays’.

What is banned in India?

India has banned[13] manufacture, import[14], stocking, distribution, sale and use of identified single use plastic items, which have low utility and high littering potential, all across the country from July 1, 2022. This means if you have single use plastic at home, you cannot use it. You also cannot give it to vendors to use it. Keeping at home may also be considered as stocking. The ban is, however, not blanket ban on single-use plastic items but certain items that have been identified in the notification by the Government. They are Ear buds with plastic sticks, Plastic sticks for balloons, Plastic flags, Candy sticks, Ice-cream sticks, Polystyrene (Thermocol) for decoration, Plastic plates, Cups, glasses, cutlery such as forks, spoons, knives, straw & trays, Wrapping or packing films around sweet boxes, Invitation cards, Cigarette packets, Plastic or PVC banners less than 100 micron and stirrers.  

As on March, 2022, states of Uttarakhand, Uttar Pradesh, Tripura, Tamil Nadu, Sikkim, Rajasthan, Punjab, Nagaland, Maharashtra, Madhya Pradesh, Lakshadweep, Karnataka, Jharkhand, Himachal Pradesh, Haryana, Delhi, Daman Diu & Dadra  Nagar Haveli, Chhattisgarh, Chandigarh, Bihar, Assam, Arunachal Pradesh and Andaman & Nicobar Islands had imposed compete ban i.e. complete ban on manufacture, store, import, distribution, transportation, recycle, sell and use of plastic carry bags.[15] Assam has imposed ban on Plastic carry bags, banners, buntings, cups, cling films, flex, flags, plates, sheets (used for spreading on dining tables irrespective of thickness) including the above items made of thermocol and plastic which use plastic micro beads. Delhi has imposed complete ban on manufacture, import,store, sell & use of plastic products (poly Propylene, non-woven fabric type carry bags), plastic film or plastic tube to pack or cover any book including magazine & invitation/greeting cards.

State of Kerala has imposed the ban on large number of item i.e. complete ban on the manufacture, storage, transport and sale of plastic carry bags( irrespective of thickness); plastic sheets( used as table spread); plates, cups and decorative materials made of thermocol/stryrofoam; SUP items like cups, plates, dishes, spoons, forks, straw, stirrer; plastic coated paper cups, plastic coated paper plates, plastic coated paper bowls, plastic coated paper bags; Non woven bags, plastic flags, plastic bunting; plstic water pouches, non branded plastic juice packets ; plastic juice packets; PET/PETE bottles of drinking water of capacities less than 500 ml; garbage bags (plastic); PVC flex materials and plastic packets.[16]

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[1] Global recycling percentage is as low as only 9 per cent as per the Indian Government Notification.

[2] A detailed article on impact of plastics on human health is written by Neeti Rustagi, S. K. Pradhan, and Ritesh Singh and is available at  https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3299092/

[3] A complete report has been prepared by UNEP and is available at https://www.unep.org/resources/report/water-pollution-plastics-and-microplastics-review-technical-solutions-source-sea; A quick read can be found at https://www.unep.org/news-and-stories/story/plastic-planet-how-tiny-plastic-particles-are-polluting-our-soil;

[4] Legal Limits on Single-Use Plastics and Microplastics: A Global Review of National Laws and Regulations published in July 2018.

[5] Exceptions exist for certain products or materials, such as for so-called biodegradable plastics.

[6] https://plasticoceans.org/rwanda-plastic-bag-ban

[7] https://www.cnbc.com/2022/06/08/us-to-ban-sale-of-single-use-plastic-on-public-lands-national-parks-by-2032.html#:~:text=Group%20%7C%20Getty%20Images-,The%20U.S.%20Interior%20Department%20said%20on%20Wednesday%20it%20will%20phase,recycling%20rate%20continues%20to%20decline.

[8] https://www.doi.gov/sites/doi.gov/files/elips/documents/so-3407.pdf

[9] https://pib.gov.in/newsite/printrelease.aspx?relid=138144#:~:text=Based%20on%20the%20recommendations%20of,properties%20lead%20to%20commercial%20success.

[10] https://cms.pib.gov.in/WriteReadData/userfiles/PWMnotification%201%20001.pdf

[11] https://static.pib.gov.in/WriteReadData/specificdocs/documents/2021/aug/doc202181311.pdf

[12] file:///C:/Users/HP/Downloads/233568.pdf

[13] Please see for details: https://static.pib.gov.in/WriteReadData/specificdocs/documents/2022/jul/doc20227169001.pdf

[14] An instruction dated 22.06.2022 bearing no. 09/2022  was separately sent by the Ministry of Finance to Commissioner of Customs for restriction on import of products made of plastic.

[15] https://www.pib.gov.in/PressReleseDetail.aspx?PRID=1807646

[16] https://www.pib.gov.in/PressReleseDetail.aspx?PRID=1807646

As per United Nations Environmental Programme (UNEP), plastic pollution soared from two million tonnes in 1950, to 348 million tonnes in 2017, becoming a global industry valued at $522.6 billion.[1] It is expected to double in capacity, by 2040. Recently, during historic resolution at the UN Environment Assembly in Nairobi on 02.03.2022 to end plastic pollution, Norway’s Minister for Climate and the Environment, Espen Barth Eide lamented, “Plastic pollution has grown into an epidemic.”

This man-made situation is undeniably grave.

Tangible steps have been taken around the world to phase out the use of plastics. Countries after countries have realized that the problem will soon turn fatal. Bangladesh was the first country to realize the magnitude of the problem and immediately imposed ban on plastics in 2002, when the plastics were found to be the reasons for choking of drains and consequential drastic flooding in the country. There is specific checking of luggage for plastics in countries like Rwanda at the airport when the passenger arrives.

India has recently followed the league by systematically and methodically working on the same for the last one decade and more significantly since 2016. Hon’ble Prime Minister Modi while recently addressing the United Nations Conference on Desertification said, “I think the time has come for the world to say goodbye to single-use plastics…” Effective July 1, 2022, India imposed complete ban on identified items made of single-use plastic.

Plastic: The Frankenstein

Plastic is a long chain of synthetic polymers/carbon atoms arranged in repeating units. They are often much longer than those found in nature. This gives it the characteristic strength and flexibility along with light weight. This strength, however, is also the reason that the plastics don’t break down when left alone in the environment. Polymers are naturally present – cellulose being most common of all. Man started producing plastics firstly from these natural polymers and then moved to using carbon atoms from petroleum and other fossil fuels.

As per Directive (EU) 2019/904, ‘plastic’ means “a material consisting of a polymer to which additives or other substances may have been added, and which can function as a main structural component of final products, with the exception of natural polymers that have not been chemically modified.”

As per Rule 3(o) of the Plastic Waste Management Rules, 2016, “plastic” means material which contains as an essential ingredient a high polymer such as polyethylene terephthalate, high density polyethylene, Vinyl, low density polyethylene, polypropylene, polystyrene resins, multi-materials like acrylonitrile butadiene styrene, polyphenylene oxide, polycarbonate, Polybutylene terephthalate.

Plastics have been categorized into seven types as per the method they would be recycled.[2] They are depicted in numbers inside the three arrow triangle recycling symbol. This number is a reference to what type of plastic the container is made of. The category can be checked from the bottom of the plastic container or carry bag. The recycling numbers aid recyclers in the sorting process. All plastics may look alike but they are not. They are made of different molecules or set of molecules which do not mix. Therefore, sorting the plastics before recycling is essential. The recycling code constitutes of the numbers 1 through 7 – PET-Polyethylene terephthalate (eg. Water bottles, dispensing containers, biscuit trays), HDPE-High density polyethylene (eg. Shampoo bottles, milk bottles, freezer bags, ice cream containers), V-Vinyl (PVC) (eg. Blister packaging, wire jacketing, siding, windows, piping), LDPE– Low density polyethylene (eg. Bags, trays, containers, food packaging film), PP-Polypropylene (eg. Potato chip bags, microwave dishes, ice cream tubs, bottle caps, single-use face masks), PS-Polystyrene and Other means all other resins and multi-materials like ABS (Acrylonitrile butadiene styrene) (eg. Cutlery, plates, cups), PPO (Polyphenylene oxide), PC (Polycarbonate), PBT (Polybutylene terephalate) (eg. Three- and five-gallon water bottles, bullet-proof materials, sunglasses, DVDs, iPod and computer cases, signs and displays, certain food containers, nylon) etc.[3]

The most widely accepted plastics for recycling are number 1 and 2.

Who made Frankenstein?

John Wesley Hyatt made the first synthetic polymer by treating cellulose, derived from cotton fiber, with camphor. This was used as a substitute to ivory and was considered a blessing as it saved brutal elephant killings. Bakelite was the first fully synthetic plastic invented by Leo Baekeland in 1907. As per United Nations Environmental Programme, Polyethylene, the most commonly used plastic, was created by accident at a chemical plant in Northwich, England in 1933. In 1965, one-piece polyethylene shopping bag, designed by engineer Sten Gustaf Thulin, was patented by the Swedish company Celloplast.

It was not until the World War-II that the demand for plastics and for the item made out of it exponentially increased and finally steeply rose in 1970s.[4] Since the 1950s, 8.3 billion metric tons of plastics have been produced, and half of that in the past 15 years alone.[5] As per UNEP, worldwide, one million plastic bags were consumed every minute in 2011.

What is single use plastic?

Any plastic that is made from polymers of HDPE, LDPE, PET, PS, PP, EPS is single use plastic. Natural Resources Defense Council (NRDC), a non-profit organization founded in US in 1970 defines ‘single use plastic’ as “goods that are made primarily from fossil fuel–based chemicals (petrochemicals) and are meant to be disposed of right after use—often, in mere minutes”.

As per Directive (EU) 2019/904 ‘single-use plastic product’ means “a product that is made wholly or partly from plastic and that is not conceived, designed or placed on the market to accomplish, within its life span, multiple trips or rotations by being returned to a producer for refill or re-used for the same purpose for which it was conceived.”

The term ‘single-use plastic’ was not defined under the 2016 rules when the rules were introduced. Vide Plastic Waste Management (Amendment) Rules, 2021, notified by the Ministry on 12.08.2021, a definition of ‘Single-use plastic commodity’ was introduced under sub-rule (va) of Rule 3. It means “a plastic item intended to be used once for the same purpose before being disposed of or recycled.”

Single-use plastics are most commonly used for packaging, plastic bags, and serviceware, such as bottles, stirrers, clamshells, wrappers, straws, and bags.

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[1] https://news.un.org/en/story/2022/03/1113142

[2] Rule 11(2) of 2016 Rules.

[3] For details and understanding please visit https://www.unep.org/interactives/beat-plastic-pollution/

[4] https://www.unep.org/news-and-stories/story/birth-ban-history-plastic-shopping-bag#:~:text=2002%20%E2%80%93%20Bangladesh%20is%20the%20first,drainage%20systems%20during%20disastrous%20flooding.

[5] https://www.nrdc.org/stories/single-use-plastics-101#what