MoEF revises definition of ‘Carry Bags’ to include Biodegradable Plastic bags

On 30-10-2023, the Ministry of Environment, Forest and Climate Change notified the Plastic Waste Management (Second Amendment) Rules, 2023 to amend the Plastic Waste Management Rules, 2016. The provisions came into force on 30-10-2023.

Key Points:

1. Rule 2 relating to “Application” of these rules has been revised, inserting a provision which says that Rule 9 (1) will not apply to the units:

   • notified by the Central Government under the Special Economic Zones Act, 2005 (export-oriented units and units in special economic zones)

   • other units manufacturing plastic packaging

   • on plastic packaging used for packaging products for export against an order for export

   This provision will also not apply to pre-consumer plastic packaging waste generated by the units

   The definition of “carry bags” has been revised. Earlier, these carry bags were made from plastic material or composable plastic materials.

   Now, these carry bags can be made from biodegradable plastic also.

2. Rule 11 (1) relating to “Marking or labelling” has been substituted.

   Now, each plastic packaging should contain the name and registration certificate number for producer or importer, or brand owner generated through centralized online portal:

   • For Plastic Packaging- in case of rigid plastic packaging, effective from 1-7-2024, multilayer flexible plastic packaging having more than one layer with different types of plastics, including plastic sachet or pouches, and multi-layered plastic packaging.

   • For Plastic Packaging and Thickness- in case of flexible plastic packaging of single layer including plastic sachet or pouches (if single layer), plastic sheets or like and covers made of plastic sheet, carry bags.

   • For Plastic Packaging with effect from 1-1-2025, and certificate issued in case of plastic sheet or like used for packaging and plastic packaging as well as carry bags commodities made of compostable plastic.

   • In case of plastic sheets or like used for packaging and plastic packaging as well as carry bags and commodities made of biodegradable plastic.

Exception: this provision will not apply to:

• plastic packaging covered under rule 26 of the Legal Metrology Packaged Commodities Rules, 2011

• plastic packaging cases where it is technically not feasible to print the requisite information, as per specifications given in the Guidelines for use of Standard Mark and labelling requirements under BIS Compulsory Registration Scheme for Electronic and IT Products.

3. Rule 16 relating to “State Level Monitoring Commitee” has been revised. The composition of the Committee now consists of:

   • Chairman- Additional Chief Secretary or Principal Secretary or Secretary responsible for municipal administration.

   • Co-chairman- Additional Chief Secretary or Principal Secretary or Secretary responsible of Panchayati Raj Institutions

   • Members- may comprise

     • Additional Chief Secretary or Principal Secretary or Secretary responsible of Urban Development or his nominee.

     • Additional Chief Secretary or Principal Secretary or Secretary responsible of Rural Development or his nominee.

     • Additional Chief Secretary or Principal Secretary or Secretary responsible for the Environment or his nominee.

     • Member Secretary of the State Pollution Control Board or Pollution Control Committee

     • Municipal Commissioners of cities having population of one million or more

     • One Municipal Commissioner from cities other than cities having population of one million or more

     • One Chief Executive Officer of the District Level Panchayats

     • One expert from Non-Governmental Organisation

     • One representative of an industry association

     • One expert from the field of Industry

     • One expert from academia

     • Director in charge responsible for Panchayati Raj Institutions

     • Director in charge responsible for municipal administration

4. Paragraph 15-A has been inserted in the Schedule relating to “Purchase of extended producer responsibility certificate from different categories”.

   • Only the Central Pollution Control Board (‘CPCB’) can allow the purchase.

   • Categories that can purchase where surplus exists over the extended producer responsibility obligation of that category for fulfilment of extended producer responsibility obligation of such category where deficit exist.

   • The provisions of paragraph 15-A will cease to apply at the end of year 2025-2026.