Ban On Single-Use Plastic Items

The Plastic Waste Management (Amendment) Rules, 2021 (“New Rules”) which define  “single-use plastic commodity” as “a plastic item intended to be used once for the same  purpose before being disposed of or recycled’, were notified by the were issued by the  Ministry of Environment, Forest & Climate Change (“MoEF”) on August 12, 2021.  The New Rules were scheduled to come into effect from July 01, 2022 banning the  production, import, stocking, distribution, sale, and use of specified SUP items including  polystyrene and expanded polystyrene. Earlier Rules were passed in 2016 and 2018.   Single use plastics1 (SUPs), as the name suggests, are those plastics which are discarded  after use or after their intended use is over. According to an estimate of the Federation of  Indian Chambers of Commerce and Industry (FICCI), almost half of all plastic used in India  in 2017 (around 160 lakh tonnes in total) was single-use plastic. A majority of these plastics  find their way into landfills and oceans and either cannot be, or are not, recycled. Reckless  production and consumption coupled with poor waste disposal and processing systems  prompted the Government of India to take critical step of banning SUP items in India. As  per statistics given in a UN report2, by 2050, around 12 billion tonnes of plastic waste would be accumulated if the practices are not regulated.   A Notice3was issued by the Central Pollution Control Board (“CPCB”) on February 4, 2022  to inform the various users/suppliers of SUP items, including the general public, about the  ban being effective from July 01, 2022.   The New Rules lists out a certain SUP items which have been banned due to their low  utility and high likelihood of littering. The CPCB and State Pollution Control Boards(“SPCBs”) have been assigned the responsibility to facilitate the implementation of New Rules.  1 “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; 2 UNEP (2018). SINGLE-USE PLASTICS: A Roadmap for Sustainability  3 Notice for Prohibiting Production, Stocking, Distribution, Sale & Use of Single Use Plastic (SUP) Items, No. B-17011/7/PWM/2022 (February 4, 2022)

The important aspects of New Rules are listed below:  

1. Items that have been banned are: ear buds with plastic sticks; plastic sticks for  balloons; plastic flags; candy sticks; ice-cream sticks; polystyrene i.e., thermocol for  decoration; 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 ten (10) microns; and stirrers. 

2. As regards the thickness criteria, the erstwhile requirement of fifty (50) microns of  thickness had been substituted with seventy five (75) microns w.e.f. September 30,  2021 which is revised as one hundred twenty (120) microns w.e.f. December 31,  2022.  

3. While the use of compostable plastic has not been prohibited, non-woven plastic  carry bags will be mandatorily required to be a minimum of 60 Gram Per Square  Meter (GSM).  

Non-compliance of the New Rules is provided to be dealt with in the manner as provided  for in the Environment Protection Act, 1986 i.e., imprisonment of five (5) years, or a penalty  up to Rs. 100,000, or both and in case of repeated non-compliance, a penalty of Rs. 5,000  for each day of such violation is to be levied. 

Challenges & Criticism 

Stakeholders of the SUP community had expressed their concerns about the way the  phasing out of such items was directed. Demands4 like revised deadlines for clearing up  existing stock, provision for relief packages or rehabilitation were made. Statistics, as  presented by the All India Plastic Manufacturers Association (AIPMA), hint at potential job  losses and crores of loan defaults.

Thus far, States in India have shown a mixed bag of responses. State of Tamil Nadu, for  instance, had launched the “Meendum Manjappai”5 campaign back in 2021 following its  own ban in 2019 of 14 specific SUP items. This campaign is in full swing and requires  people to carry their own cotton bags while stepping out to run errands. Tiruchy6 has been  doing its bit by encouraging the use of banana and areca leaves, wooden sticks, cotton  bags, etc. State of Tamil Nadu is also using this as an opportunity to facilitate entrepreneurship.  

Still this change is likely to take some time to gain momentum. Dehradun7, in the State of  Uttarakhand, finds its vendors in a dilemma. Challenges like finding economical and environment-friendly alternatives and continuous usage of SUP items in the name of stock  clearance have been reported. In the State of Kerala,8 traders seem to have similar concerns.  

Introduction of New Rules is another notable attempt, by the MoEF, to regulate the usage  of plastic which is in continuation of Guidelines

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on Extended Producers Responsibility (“EPR”) on plastic packaging which set out the roles and responsibilities of the producers,  importers, brand owners, CPCB, SPCBs, recyclers, and waste processors in the  management of plastic waste and general implementation of EPR.   While New Rules are a welcome step, it all comes down to the availability of economical  alternatives and people’s willingness to adapt.   Bangladesh,

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for instance, although was the first country in the world to have banned  polythene last year, was found to have 592.223 metric tons of polythene in use, with a  sharp rise in the number of polybag factories, too.   China

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introduced a ban in 2020, but to this day, there remain concerns with regards to a  mismatch between the demand and supply of biodegradable plastics, lack of awareness  about the ban, and continuity in the usage of plastics by small shops/stores/stalls owing to  the higher prices of alternatives.   Considering that the Government had notified the ban well in advance, it expects all the  stakeholders to act in the larger interest of environment. While it is yet to be seen whether  New Rules are strictly implemented by CPCBs and SPCBs or they end up being an  achievement on paper. The only possible way forward for India, its inhabitants and/or its  visitors is to ensure that they voluntarily discard use of SUP items and adopt for greener and environment friendly ways of life. The corporates at the same time need to find economical and environment friendly items, if not already done so, which are a true  alternative to SUP items.  -Manishi Pathak, Founding Partner & Ranjan Jha, Partner  Introduction of New Rules is another notable attempt, by the MoEF, to regulate the usage  of plastic which is in continuation of Guidelines

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on Extended Producers Responsibility (“EPR”) on plastic packaging which set out the roles and responsibilities of the producers,  importers, brand owners, CPCB, SPCBs, recyclers, and waste processors in the  management of plastic waste and general implementation of EPR. While New Rules are a welcome step, it all comes down to the availability of economical alternatives and people’s willingness to adapt. Bangladesh,

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for instance, although was the first country in the world to have banned polythene last year, was found to have 592.223 metric tons of polythene in use, with a  sharp rise in the number of polybag factories, too.  China

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introduced a ban in 2020, but to this day, there remain concerns with regards to a  mismatch between the demand and supply of biodegradable plastics, lack of awareness  about the ban, and continuity in the usage of plastics by small shops/stores/stalls owing to the higher prices of alternatives.   Considering that the Government had notified the ban well in advance, it expects all the  stakeholders to act in the larger interest of environment. While it is yet to be seen whether  New Rules are strictly implemented by CPCBs and SPCBs or they end up being an  achievement on paper. The only possible way forward for India, its inhabitants and /or its  visitors is to ensure that they voluntarily discard use of SUP items and adopt for greener  and environment friendly ways of life. The corporates at the same time need to find  economical and environment friendly items, if not already done so, which are a true  alternative to SUP items.  -Manishi Pathak, Founding Partner & Ranjan Jha, Partner  

4 Devika Singh, Money control (Jul. 5, 2022, 2:52 PM),  https://www.moneycontrol.com/news/business/companies/plastic-makers-left-in-the-lurch-after-government-bans-single-use-plastic-8781201.html

5 , Deccan Herald (Jun. 19, 2022, 11:45 IST), https://www.deccanherald.com/national/how-prepared-are-states for-ban-on-single-use-plastics-1119449.html 

6 Palanivel Rajan C, The New Indian Express (Jul. 17, 2022, 2:56 AM), https://www.newindianexpress.com/states/tamil-nadu/2022/jul/07/cant-abandon-single-use-plastics-until-we-get-affordable-alternatives-say-tiruchy-vendors 2473694.html 

7 Tanmayee Tyagi, , The Times of India (Jul. 13, 2022, 7:38 IST),  https://timesofindia.indiatimes.com/city/dehradun/despite-ban-vendors-using-single-use-plastic-in-dehradun/articleshow/92839977.cms 

8 Shainu Mohan, , The New Indian Express (Jul. 13, 2022, 6:38 AM),  https://www.newindianexpress.com/cities/kochi/2022/jul/13/wassup--a-rundown-on-keralas-battle-against-single-use-plastic-2475810.html 

9 Ministry of Environment, Forest & Climate Change, No. G.S.R. 133(E) (February 16, 2022) 

10 SM NajmusSakib, , AA (Jul. 02, 2021), https://www.aa.com.tr/en/asia-pacific/bangladesh-s-polybag ban-falls-flat-in-stopping-production-use/2292293