S 1 Extract from Haryana Government Gazette (Extra.), dated the 12th January, 2009 | <z HARYANA GOVERNMENT ENVIRONMENT DEPARTMENT Notification The 9th/12¢h January, 2009 No. 16/52/2007-Env.—Whereas, the Ministry of Environment and Forests, Government of India, in exercise of the powers conferred by clause (viii) of Sub-section (2) of Section 3 read with Section 25 of the Environment (Protection) Act, 1986 (29 of 1986), notified the Plastics Manufacture, Sale and Usage Rules, 1999, and amended it vide notification No. S.0. 698(E), dated the 17the June, 2003.
Whereas, the Haryana Government after considering the adverse effects of plastic carry bags on the environment and local ecology, felt that plastic carry bags of lower thickness do not have potential for further use and are littered about irresponsibly and have detrimental effect on the environment.
Now, therefore, in exercise of the powers delegated under Section 5 of the Environment (Protection) Act, 1986 {29 of 1986), read with Rule 4 of the Environiment (Protection) Rules, 1986, and in continuation of Haryana Government, Environment Department, Notification No. 16/52/2007-Env. II1, dated the 15th January, 2008, the Governor of Haryana hereby issues following directions, namely :-—
1. Restriction on manufacture, sale, distribution and use of virgin and recycled plastic carry bags and recycled plastic containers :
(a) ®) © (d (@ ® No person shall manufacture, stock, distribute or sell carry bags made of virgin or recycled plastic which are less than thickness of 30 microns and size less than 8" x 12, No vendor shall use carry bags or containers made of recycied plastics for storing, carrying dispensing or packing of foodstuffs.
Conditions of manufacture of carry bags and containers made of plastics :—Subject to the provisions of clause (a) above, any person may manufacture carry bags or containers made of plastics if the following conditions are satisfied, namely :—
(i) Carry bags and containers made of virgin plastic shall be in natural shade or white.
(ii) Carry bags and containers made of recycled plastic and used for purposes other than storing and packing foodstuffs, shall be manufactured using pigments and colourants as per 1S : 9833 : 1981 entitled “List of pigments and colourants for use in plastics in contact with foodstuffs, pharmaceuticals and drinking water.
Recycling :—Recycling of plastics shall be undertaken strictly in accordange with the Bureau of Indian Standards specification : IS : 14534 : 1998 entitled “The Guidelines for Recycling of lastics”.
Marking/Codification :—Manufacturers of recycled plastic carry bags, having printing facilities, shall code/mark carry bags and containers as per IS : 14534 : 1998 entitled “The Guidelines for Recycling of Plastics” and the end product made out of recycled plastics shall be marked as “Recycled”.
All manufacturers shall print on each packet of carry bags as to whether these carry bags are made of “recycled material” and shall bear clear printing regarding thickness of 30 microns.
Thickness of carry bags :—The minimum thickness of carry bags made of virgin plastics or recycled plastics shall not be less than 30 microns and size not less than 8” x 12"
2. Prescribed Authority :
The Haryana State Pollution Control Board shall be the Authority for enforcement of the provisions of these directions relating to manufacture and recycling of plastics namely 2(a), (¢), (d), (e) and (f) above.
. The Municipal Commissioner/Chief Executive Officer of concerned Municipal Corporation/ Municipality, shall be the Authority for enforcement of the provisions of these directions for the use, collection, segregation, transportation and disposal of plastic carry bags and containers with particular reference to (2) () and (b) above. They are also required to enforce the provisions of the rules pertaining = - N 2 to Thickness and Marking of carry bags being used by the vendors, The Divisionai Forest Officer shall _. be authority for enforcement of the provisions of these directions, in National Parks, Wild Life Sanctuaries eic. in the State of Haryana,
4. Without prejudice o the provisions contained in paras 4 and 5 above, the Plastic Industry Association, through their members units, shall undertake self-regulatory measures.
5. Restrictions:
With a view to discourage Indiscriminate use of plastic carry bags in the State :—
(a) The manufacture of plastic carry bags less than 30 microns in thickness and size less than 8" x 12", is banned in the State. ’ ) The sale and use of plastic carry bags less than 30 microns in thickness and §{ze Jess than’8" x 127, is banned in all shops and establishments located in Municipal/Corporation/Council, ‘and other Urban Municipalities Areas, in the State.
(c). The sale and use of plastic carry bags (irrespective of thickness and size), plates, cups, tumblers, spoons, forks and straw are totally banned in following areas having special historical, religious and ecological significance :
(i) Municipal iimits of Thanesar Tov&‘ln and Kurukshetra Town;
(i) All Wildlife Sanctuaries and National Parks of Haryana; and
(iii) Gram Panchayat, Morni.
{d) The use of carry bags made of recycled plastics for storing, carrying, dispensing or packing of foodstuffs is banned in the State. The religious worship places, health care centers, hoiels/restaurants, educational institutions and other concerned agencies are to ensure sirict implementation of the same.
(e) Littering of plastic carry bags at public places like parks, playgrounds, recreational places, tourist centres, religious places etc., with plastic carry bags is not permitted.
6. Levy of Penalties :
The following penalties will be levied in accordance with Acts and rules in force.
(a) The manufacuring units, found to be violating the rules, relating to manufacture, recycling, thickness, size and marking, shall be fined which shall not be less than Rs. 25,000 and which may extended upto Rs. 50,000 for the first offence and the license/consent of the unit shall be cancelled for the subsequent offence in addition to confiscating the machinery used for the manufacture.
(® The retailers, vendors and other establishments found to be violating the rules, relating to the use " of plastic carry bags of banned category, shali be fined which shall not be less than Rs. 2,500 and which may extended upto Rs. 5,000 for the first offerice and the trade license of the violator shall be cancelled for the subsequent offence, under relevant municipal laws and Shops and Establishments Act by the municipai authority.
() The individuals found to be littering public places with plastic bags shall be fined which shall not be less than Rs. 250 and which may extended upto Rs. 500 per offence.
7. The Municipal Corporations and other concerned agencies, shall ensure to take aecesary measures (o create wide publicity of the impacts of using plastic carry bags of thickness less than 30 microns and size Tess than 8" x 12" and lettering of public places which adversely affects on environment and health of human beings, and also the penalty provisions of these rules, through cinema exhibit slides, electonic/ print media etc.
P.K. GUPTA, Financial Commissioner and Principal Secretary to Government Haryana, Environment Department.
45263—C.S.—H.G.P., Chd.