MOEF revises provisions relating to plastic packaging and commodities made from compostable plastics or biodegradable plastics

On 14-3-2024, the Ministry of Environment, Forest and Climate Change notified the Plastic Waste Management (Amendment) Rules, 2024 to amend the Plastic Waste Management Rules, 2016. The provisions came into force on 14-3-2024.

Key Points:

1. The definition of “importer” has been made specific and now includes the imports of any plastic packaging/ commodity with plastic packaging/ carry bags/ plastic sheets/ plastic raw material, including in the form of resin/ pellets/ intermediate material used for manufacturing plastic packaging/ films/ preforms, for commercial use.

   Earlier, “importer” meant a person who imports plastic packaging or products with plastic packaging or carry bags or multilayered packaging or plastic sheets or like.

2. Earlier, “Manufacturer” meant and included a person/ unit/ agency engaged in production of plastic raw material to be used as raw material by the producer.

   Now, it includes a person engaged in production of plastic raw material/ compostable plastics/ biodegradable plastics.

3. Earlier, the ambit of the definition of “Producer” was limited to people engaged in manufacturing of plastic packaging.

   Now, it also includes persons engaged in:

   • Manufacturing of intermediate material that is used for manufacturing plastic packaging;

   • Contract manufacturing of products using plastic packaging or through other similar arrangements for a brand owner.

4. Definition of “seller” has been inserted which means any person who sells plastic raw material for producing plastic packaging is a seller.

5. Rule 4 relates to “Conditions” and the provision relating to selling of raw material has been revised.

   Earlier, only the producer who had a valid registration from the State Pollution Control Boards or Pollution Control Committee could get raw material from the manufacturer.

   Now, only the producers registered under these rules can get raw materials from the manufacturer.

6. The manufacturers of compostable plastic/ biodegradable plastic carry bags or commodities permitted under the rules, will have to obtain a certificate from the Central Pollution Control Board (‘CPCB’) before marketing or selling.

7. The manufacturer of compostable plastic/ biodegradable plastic will have to inform the CPCB, the quantity of such commodities introduced in the market and the pre-consumer waste generated by it.

8. Some provisions have been inserted which enables the local body to assess:

   • The plastic waste generated;

   • Plastic waste management infrastructure available for collection/ segregation/ processing and send a report to the State Pollution Control Board or Pollution Control Committee by 30th June of each year;

   • measures to prevent stocking, distribution, sale and usage of prohibited single use plastic items in their jurisdiction.

9. The Annual report will include:

   • plastic waste management infrastructure available for collection, segregation, processing;

   • projection of plastic waste to be generated;

   • status on framing and implementation on byelaws;

   • Action taken to prevent stocking, distribution, sale and usage of prohibited Single Use Plastic items.

10. Rule 7-A relating to “Responsibility of Panchayat at District level” has been inserted which lays down similar responsibilities the local body has to assess.

11. Another provision in the Protocols for compostable and biodegradable plastic materials has been inserted which says that the BIS should specify separate colour/ marking for plastic packaging and commodities made from compostable plastics/ biodegradable plastics.

12. New provisions have been inserted in Rule 11 relating to “Marking or labelling”:

    • The commodity made from compostable plastic will have to bear a label “compostable only under industrial composting” and shall conform to the Indian Standard: IS/ISO 17088:2021 titled as Specifications for Compostable Plastics.

    • The commodity made from biodegradable plastic will have to bear the label —Biodegradable in [ — specify number of days —] only in the [—specify recipient environment such as soil, landfill, water etc.—]

13. The following forms have been revised”

    • Form I- Application for registration for producers or Brand Owners has been substituted.

    • Form V- Format for Annual Report on Plastic Waste Management to be submitted by the Urban Local Body

    • Form VI- Format for Annual Report on Plastic Waste Management to be submitted by SPCB/ PCC

    • Form VII- Format for Quarterly report of Plastic Raw Material