Article

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