(H.R. 1952) (Committee) ACT NO. 247 DECEMBER 29 2015 To create the Act to Encourage the Use of Recyclable Bags and the Regulation for the Use of Plastic Bags in the Commonwealth of Puerto Rico ; to initiate an Educational and Orientation Program about the importance to reduce the use of plastic bags; amend Article 18-A of Act 70-1992 as amended known as the Act to Reduce and Recycle Solid Waste in Puerto Rico establish fines for administrative faults; and for other related matters. STATEMENT OF PURPOSE Plastic is a synthetic substance for the most part fabricated from hydrocarbon compounds. It is used in modern society for multiple purposes in a myriad of media and forms. According to the scientific definition it is a compound made of organic macromolecules called polymers. In a limited manner it refers to certain types of materials obtained through multiplying artificially carbon atoms in long molecular chains of organic compounds derived from oil gas and other natural substances. The characteristics that make plastic such a multifaceted material are the same that turn it into a serious environmental problem. Plastic is resistant to bacteria compression extreme temperatures corrosive conditions acid and solvents; it is waterproof rustproof resistant to ozone and electric charges adhesive; some are flammable elastic flexible and moldable. Plastic bags are daily objects used to transport merchandise from businesses to homes. They were first used in the 70 s and this type of bag rapidly became popular; especially thanks to its free distribution in supermarkets and other stores and the facility to discard it (despite its high environmental cost). These bags are also known as single use plastic bags because their original purpose was to be used once and later be discarded in theory to be cleaned and recycled. These bags were fabricated basically with polyethylene taking hundreds of years to decompose and its components becoming toxics that pollute the soils and bodies of water.
Annually around a billion bags (1 000 000 000) are used in Puerto Rico alone. It is important to underline that less than one per cent (1%) of the plastic bags are recycled because it is costlier to recycle them than to make new ones. Plastic bags are easily taken by the wind; they stick to trees; they float on the sea and rivers and hinder the drainage and sewage systems causing floods destroying natural habitats affecting negatively landscapes leading to the accumulation of pollutants and still worse they are a threat to the world fauna in particular the animals living in the ocean. Many animals die asphyxiated when they are trapped amidst the plastic bags or when they eat them. It is estimated that around two hundred (200) marine life species such as whales dolphins seals sea lions and especially turtles among others are being affected by the consumption of plastic bags believing it is food. Likewise it is important to underline that plastic bags used by businesses carry a warning for parents with respect to exposure to bags by children for a powerful reason. The Consumer Product Safety Commission (CPSC) reported twenty-five (25) annual cases of death through asphyxia in infants less than one (1) year old caused by plastic bags. 1 Five (5) years ago Act 38-2010 was approved. This Act through an amendment to Act 70-1992 as amended known as Act for the Reduction and Recycling of Solid Waste in Puerto Rico a Program for the Recycling of Plastic Bags in Businesses was established and it ordered the collection of these bags with containers located in every business facility. It was a mechanism to face the management and discarding of the same. Although some businesses have complied and continue complying with provisions of this Law it is necessary to point out that the majority does not. On the other hand without a genuine commitment from the business sector as well as the citizens these efforts will bear no results. Likewise given the reality of the Solid Waste Management Agency (ADS in Spanish) with respect to its lack of budget and personnel the efficient implementation of this Act has been to no avail. Currently countries such as Ireland Denmark Finland France Bangladesh Butan South Africa India China Taiwan Tanzania Rwanda Kenya and Uganda forbid to some degree or tax in some manner the use of plastic bags. Besides many other countries as well as many States of the United States of America have taken or are considering some sort of measure 1. CPSC Document 5064
on this matter encouraging the use of reusable bags many of which are made out of cloth so consumers get used to this kind of eco-friendly practice. A close example is the Municipality of Rincon that has in effect Municipal Order No. 6 Series 2013-2014 stating the use of reusable bags and forbids within the boundaries of the jurisdiction of the municipality the distribution of disposable plastic bags to consumers by any business. The Municipality of Cabo Rojo did the same and it is undergoing the educational stage contained in the Order for those purposes. As we can see the trend is directed to raising awareness about the damaging consequences our acts can cause to the natural resources. It is time to join this initiative and encourage a sound cohabitation with nature and to eliminate that which is damaging. Based on what has been stated it is worthy to encourage the use of reusable bags by consumers and achieve a permanent replacement of plastic bags through the prohibition of the same. Hence we will further the objectives of the Commonwealth of Puerto Rico with respect to reducing solid waste encourage recycling and reuse and fight environmental pollution. THE LEGISLATIVE ASSEMBLY OF PUERTO RICO ORDERS: Article 1.- The Act will be known as the Act to Encourage Reusable Bags and Regulations for the Use of Plastic Bags in the Commonwealth of Puerto Rico. Article 2.- For purposes of this Act the following terms will mean the following: a. Solid Waste Authority (ADS in Spanish)- government agency created under Act 70 of June 23 1978 as amended known as Act of the Solid Waste Authority in Puerto Rico or its successor by law. b. Paper bag- bag of paper provided by a business to a consumer at the point of sale that preferably contains post-consumption recycled material and can be processed by the recycling programs of Puerto Rico.
c. Product bag or packing- Any bag without handles used exclusively to transport agriculture produce (tubers vegetables etc.) meat or any other food articles in the point of sales mostly used to prevent and avoid that said articles may be in contact with other articles to be purchased; it also includes the plastic bags that are used to cover the fabrics or pieces of garment as part of laundry services etc. This definition also includes the paper bag used for French bread and the paper bag used for the delivery of prescription drugs. d. Disposable plastic bags- A flexible packing made mainly of plastic (high density polyethylene) used to contain and transport articles provided by a business to a consumer at a point of sale which is not designed to be reused. This definition includes biodegradable bags whether used for compost or not. The term does not include the bags pertaining to the packing of the produce. e. Reusable bags- A kind of packing made out of fabric or any other material that does not damage the environment and meets the following requirements: it has handles to carry the bag; specifically designed and manufactured to be used for at least hundred and twenty five (125) times; it can be machine washed or it is made out of a material that can be washed and disinfected; with a capacity to carry at least twenty-two (22) pounds in a distance of hundred and seventy-five feet for at least hundred and twentyfive (125) times and if made in plastic they must be made out of polypropylene or polyethylene (non woven); or any other natural or synthetic fiber that is totally recyclable. If it is a reusable fabric bag it must have a minimum weight of eighty (80) grams per square meter. f. Consumer- Any person natural or legal entity acquiring receiving or buying products merchandise or any other materials in a business. g. Business- It will be any local store or equivalent place and any person natural or legal entity performing any business operation or act of commercial sale or transference of wholesale or retail articles including but not limited to: supermarkets hardware stores gas stations liquor stores bars pubs
street vendors laundries trucks agriculture markets fairs and festivals temporary providers of merchandise and artisans. h. Processed food facilities- Restaurants fast food restaurants or any other business receiving more than 90% of its income as a result of selling food prepared in the facilities to be consumed in or outside the same. Article 3.- Public Policy It is the Public Policy of the Commonwealth of Puerto Rico for the most efficient conservation and protection of its natural resources as stated in Section 19 of Article VI of the Constitution of the Commonwealth of Puerto Rico as well as the reduction of all solid waste generated in Puerto Rico. Having a limited territorial extension Puerto Rico must seek solutions to make citizens aware about the need and the importance of significantly reducing the amount of waste we generate in order to conserve and protect our natural resources. Puerto Rico has always been promoted as a tropical country with beaches attractive to tourists from different parts of the world. Likewise the island possesses a myriad of natural attributes making it a favorite destiny for visitors from different countries as well as for Puerto Ricans. There is a need to preserve energy protect our natural resources and have a good management of the solid waste generated. Pursuant to the public policy of the Commonwealth of Puerto Rico the use of plastic disposable bags has been eliminated and a replacement of the same is ordered by alternatives eco-friendly to our flora and fauna such as the reusable bags. Conscious of the customs and cultural changes this new Act imposes on its citizens we encourage an analysis of the environmental cost for our sorroundings and the excessive use of disposable bags and participation in the process of conservation and protection of nature through a simple act of changing the way they do their shopping. In order to protect the environment and prevent the solid waste from arriving to our natural resources the Commonwealth of Puerto Rico forbids the use of disposable plastic bags used to carry merchandise acquired in businesses located within its jurisdiction. Since paper bags represent a lesser problem with respect to waste management their use is allowed. However to prevent an indiscriminate substitution of disposable plastic bags by paper bags this Act imposes a fix fee to the latter fee that will be collected by the
merchants per bag dispatched to carry articles acquired as per petition by the consumer. Article 4.- Prohibition. Twelve months (12) after the approval of this Act and once the Educational and Orientation Program has been completed hereby stated every business within the territory of the Commonwealth of Puerto Rico will cease the practice of providing disposable plastic bags to its clients to carry their articles. This prohibition does not apply to fast food facilities nor to produce or packing bags as they have been identified in Article 2 of this Act; it does not apply either to plastic bags known as Security Tamper- Evident Bags (STEB) provided at the point of sales classified as Duty-Free at the airports and ports of Puerto Rico. During this period after twelve (12) months of the approval of this Act and for a period of (6) months the businesses that do not comply with these provisions will receive a warning about their breach of the Act. This warning will not include a penalty or fines and will indicate the date when a fine for an administrative fault with a penalty will be implemented in case of a breach of these provisions. In the execution of what has been hereby stated in this Article all businesses in the Commonwealth of Puerto Rico will allow its customers to bring along their reusable bags as well as any other type of bag to carry the commercial items bought in said facility; furthermore they will be able at the consumer s option continue to carry the items bought in paper bags whose cost could be recovered by the business at their discretion. Likewise these businesses will encourage the compliance of this Act and will have available for sale for the benefit of its clients reusable bags to encourage them to reuse them constantly. The businesses that at the moment of the enactment of this Act use paper bags as their daily and traditional packing method for their merchandise as well as fast food restaurants will not be obliged to recover the cost of the paper bags substituting the disposable plastic bags. Nothing in this Act forbids the consumer from using bags of any type (including disposable plastic bags) brought by the client to the business to carry the products.
It will be the responsibility of each business to train to offer orientation and encourage its employees to promote the use of reusable bags in substitution of disposable plastic bags. Article 5.- Educational and Orientation Program Once the Act is approved the Solid Waste Authority (ADS in Spanish) the Department of Consumer Affairs (DACO in Spanish) the Environmental Quality Board (JCA in Spanish) as the main agencies along with the municipalities will be in charge jointly or separately to conduct an intense and multidirectional education and orientation program directed to inform the community in general about the implementation of this Act and the importance to reduce and minimize the use of plastic bags considering their elaboration procedures their high economic costs and the unacceptable environmental costs. These agencies must approach the private sector to coordinate a joint and fruitful effort in the dissemination of this educational and orientation program. The dissemination of this program will be broadcast through different media (radio television written and digital media social networks among others) and announcements will be posted in as many places as possible such as but not limited to: schools community group centers public services centers government agencies hotels business centers and facilities supermarkets treasury department collector offices and judicial centers. Furthermore all the agencies of the Commonwealth of Puerto Rico will promote the use of reusable bags considering and informing citizens about the data on the good use hygiene measures care and correct use of the same as well as how to discard them and information about the precautions that must be had to carry food in these bags. Likewise the agencies will inform the community in general in Puerto Rico about the enactment of this Act its social implications and responsibilities. This Education and Orientation Program must be included in everything related to recycling of disposable plastic bags existing in inventories of the businesses and among the citizens in general and must encourage citizens to foster recycling of disposable plastic bags still existing in the market pursuant to Article 18-A of Act 70-1992 as amended known as Act for the Reduction and Recycling of Solid Waste in Puerto Rico. All businesses located in the Commonwealth of Puerto Rico must post information warnings addressing the consumers and explaining and educating about the enactment and implementation of this Act. These warnings must be posted one at the entrance of the business and the other at the cashier and must contain the following text: Plastic Bag Free Business since (day/month/year) pursuant to Act ##-####; every
Business located in the Commonwealth of Puerto Rico will be forbidden from delivering or dispatching the articles acquired in plastic bags. This business pursuant to the current Act is a Plastic Bags Free Business. Therefore we encourage you to use reusable bags in the containers assigned for that said purpose located at the exit of this business pursuant Act 70-1992 as amended. This Program will start its dissemination no later than thirty (30) days from the approval of this Act and will be continued for no less than a period of twelve (12) consecutive months. Article 6.- Breach of the Act; Applicable Provisions. In case of breach of the provisions stated by the Act the Secretary of Consumer Affairs through a designated official will fine the business for an administrative fault for the amount of one hundred (100) dollars for the first infraction. In case of subsequent breach the business will be fined for an administrative fault in the amount of one hundred and fifty (150) dollars for the second breach and two hundred (200) dollars for any subsequent breach. The fines for administrative faults pursuant to this Act will be paid pursuant to paragraph (4) of Article 8 of this statute. The amounts collected for this concept will go to the Special Fund for the Reduction Reuse and Recycling of Solid Waste ascribed to the Solid Waste Authority. It will be the responsibility of the offender to pay the administrative fault within thirty (30) days after the thirty (30) days period to request a reconsideration of the same. If it is not paid in said term there will be a monthly late fee equivalent to ten percent (10%) of the fine until the fine is fully paid and settled. Neither the fine nor the late fees will be condoned nor waived. After twelve (12) months of the approval of this Act and up to the term of eighteen (18) months of its approval the fines for an administrative fault to be imposed for breaching the provisions of this Act will be notified without any actual charge. This is in order to focus in the efforts in the education and orientation of citizens and allow the business and the consumers a convenient and reasonable transition period for the change in behavior imposed by the Act. After eighteen (18) months of
the approval of this Act the fines for the violations to the same will be applicable. Article 7.- Regulations. The Solid Waste Authority and the Secretary of the Department of Consumer Affairs (DACO in Spanish) within sixty (60) days after the approval of this Act will adopt rules and regulations necessary to enact the provisions hereby stated. Article 8.- Procedures to issue fines. 1. DACO agents as well as any municipal authorized agents where there are orders in line with this Act will have the faculty to issue fines in any circumstances as stated by this Act and the Regulations approved pursuant to the same. 2. The forms for said fines will be prepared printed individually identified and distributed as stated by the regulations of the Secretary. 3. A copy of the fine will be issued to the owner or operator of the business; besides a copy of the same will be sent via regular mail and a log will be kept for said purposes. The copy handed to the owner or operator or sent via regular mail will have the instructions on how to file an administrative appeal before the Secretary; this procedure will be established through a regulation. Hence the person will have thirty (30) days to file the appeal of said fine. If no appeal is filed within the thirty (30) days period the fine will become final and firm and the term of payment without interests will start. 4. The payment of an administrative fine through ticket will be performed at any Treasury Department Collector s office or at the Treasury Department to be paid in cash check money order or any other form of payment accepted by the Secretary of the Treasury Department on behalf of the same; the ticket or a copy of the same must be presented. If the payment is made and proof is presented the Secretary will proceed to cancel the same and make the due annotation. Article 9.-Provisions related to municipalities.
Any municipality that has approved orders in order to expand the provisions and prohibitions contained in this Act will have a concurrent jurisdiction with the Department of Consumers Affairs (DACO in Spanish) and will coordinate with the same the inspections on compliance at the businesses within their jurisdiction. The collected amount through fines imposed to businesses located in the jurisdiction of these municipalities with orders in line with the purpose of this Act will be kept in the municipal coffers. In these cases the Office of Municipal Permit and the Center for Municipal Taxes Collection (CRIM in Spanish) will be notified about the imposition of these fines in each municipality. Any business that does not pay in full its infractions will not be able to renew the municipal permit until the full amount is paid. Article 10.- An amendment to Article 18-A of Act 70-1992 as amended known as Act to Reduce and Recycle Solid Waste in Puerto Rico to read as follows: Article 18-A. Plastic Bags Recycling Program. Every business will establish in coordination with the Authority a plastic bags recycling program providing clients the opportunity to return to the business any clean plastic bags they may have. As part of said program In order to comply with the provisions of this Act the Department of Consumers Affairs (DACO) through its designated officials will impose administrative fines for five hundred dollars ($500) per breach of the provisions of this Act. Any business that does not have a recipient to recover and recycle disposable plastic bags will be fined pursuant to what has been afore stated. Alliances with recycling companies and the municipalities will be established for the collection of disposable collected bags as well as for the transportation to the designated recycling center. Article 11.- Severability Clause If any clause, paragraph, article, clause or part of this Law were to be found null or unconstitutional by a competent court with jurisdiction, the sentence issued to that effect will not invalidate the remaining provisions of this Law. Article12.- This Act will be in effect immediately after its approval.