Use of biodegradable plastic, introduced vide Plastic Waste Management (Second Amendment) Rules, 2022

S. No.

Rule/Sub-Rule

2016

2022

Rule-9 Responsibility of producers, importers and brand owners

Sub-Rule (1)

To work out modalities for waste collection system based on Extended Producers Responsibility and involve State Urban Development Departments through their own distribution channel or through the local body concerned, within 6 months from publication

(i) Producer (P) of plastic packaging;

(ii) Importer (I) of all imported plastic packaging and / or plastic packaging of imported products;

(iii) Brand Owners (BO) including online platforms/marketplaces and supermarkets/retail chains other than those, which are micro and small enterprises as per the criteria of Ministry of Micro, Small and Medium Enterprises, Government of India.;

(iv) Plastic Waste Processors

Sub- Rule (2)

Primary responsibility for collection of used multi-layered plastic sachet or pouches or packaging is of Producers, Importers and Brand Owners who introduce the products in the market. They need to establish a system for collecting back the plastic waste generated due to their products. This plan of collection to be submitted to the State Pollution Control Boards while applying for Consent to Establish or Operate or Renewal. The Brand Owners whose consent has been renewed before the notification of these rules shall submit such plan within one year from the date of notification of these rules and implement them within two years thereafter.

Primary responsibility for collection of used multi-layered plastic sachet or pouches or packaging is of Producers, Importers and Brand Owners who introduce the products in the market. They need to establish a system for collecting back the plastic waste generated due to their products.

Sub- Rule (4)

For grant of registration- the producer, within 3 months of publication of these rules, have to apply to the Pollution Control Board/ Committee.

For grant of registration- the producer, within 3 months of publication of these rules, have to apply firstly to Central Pollution Control Board and State and then to the Pollution Control Board/ Committee.

Sub- Rule (5)

Producers can manufacture and use any plastic only after getting registration from the State Pollution Control Board or the Pollution Control Committees.

Producers can manufacture and use any plastic only after getting registration from the Central Pollution Control Board if operating in more than 2 states or Union territories concerned State Pollution Control Board or the Pollution Control Committees

Rule-10

Protocols for compostable plastic materials, 2016

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Protocols for compostable and biodegradable plastic materials, 2022

Sub- Rule (1)

Determination of the degree of degradability and degree of disintegration of plastic material shall be as per the protocols of the Indian Standards listed in Schedule-I to these rules.

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Determination of the degree of degradability and degree of disintegration of plastic material shall be as per the protocols of the Indian Standards listed in Schedule-I to these rules.

Sub- Rule (2)

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The compostable plastic materials have to conform to the IS/ISO 17088:2021, as amended from time to time

Sub- Rule (3)

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The biodegradable plastics have to conform to the standard notified by the Bureau of Indian Standards and certified by the Central Pollution Control Board.

Sub- Rule (4)

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Until a standard referred to in sub-rule (3) is notified by the Bureau of Indian Standards, biodegradable plastics have to conform to tentative Indian Standard IS 17899 T:2022 as notified by the Bureau of Indian Standards.

Sub- Rule (5)

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As a transitory measure, provisional certificate for biodegradable plastics, must be issued by the Central Pollution Control Board, in cases, where an interim test report is submitted, for an ongoing test, which covers the first component of the IS 17899 T:2022 relating to biodegradability given at Sl. No. (i) or Sl. No. (ii) of Table 1 or Sl. No. (i) of Table 2 of the IS 17899 T:2022:

Provided that the provisional certificate shall be valid till 30th June 2023 with the condition that production or import of biodegrdable plastics shall cease after the 31st day of March, 2023.

Sub — Rule (6)

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The interim test report should be obtained from the Central Institute of Petrochemical Engineering and Technology or a laboratory recognized under the Laboratory Recognition Scheme, 2020, of the Bureau of Indian Standards or laboratories accredited for this purpose by the National Accreditation Board for Testing and Calibration Laboratories, and they shall certify the bio-degradation of plastic is in line with IS 17899 T:2022.

Rule-11

Marking or labelling

Sub- Rule (1)

Every plastic carry bag and multilayer packaging should have the following information:

(a) name, registration number of the manufacturer and thickness in case of carry bag.

(b) name and registration number of the manufacturer in case of multilayered packaging; and

(c) name and certificate number [Rule 4(h)] in case of carry bags made from compostable plastic

Every plastic carry bag and multilayer packaging should have the following information:

(a) name, registration number of the producer or brand owner and thickness in case of carry bag and plastic packaging.

Provided that this provision shall not be applicable, –

(i) for plastic packaging used for imported goods:

(ii) for cases falling under rule 26 of the Legal Metrology Packaged Commodities Rules, 2011, after the approval of the Central Pollution Control Board:

(iii) for cases where it is technically not feasible to print the requisite information mandated under this Rule, 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? after the approval of the Central Pollution Control Board.

(a) Name and registration number of the producer or brand owner in case of multilayered packaging

(b) Name and certificate number [Rule 4(h)] in case of carry bags made from compostable plastic

(c) The importer or producer or brand owner of imported carry bags or multi layered packaging or plastic packaging, alone or along with the products shall adhere to clause (a) and (b).

Rule-12

Prescribed authority

Sub- Rule (1)

Authority of enforcement-

The State Pollution Control Board and Pollution Control Committee in respect of Union territory.

Authority of enforcement-

The Central Pollution Board State and the Pollution Control Board and Pollution Control Committee in respect of Union territory.

Rule-13

Registration of producer, recyclers and manufacturer

Sub- Rule (1)

No person shall manufacture carry bags or recycle plastic bags or multilayered packaging unless the person has obtained a registration from the State Pollution Control Board or the Pollution Control Committee of the Union Territory concerned, as the case may be, prior to the commencement of production

No person shall manufacture carry bags or recycle plastic bags or multilayered packaging unless the person has obtained a registration from-

i) Concerned State Pollution Control Board/ Pollution Control Committee of the Union Territory, if operating in two or more states or Union Territories

ii) The Central Pollution Control Board, if operating in more than two States or Union Territories.

Sub- Rule (2)

Every producer has to make an application to the State Pollution Control Board or Pollution Control Committee.

Every producer or importer has to make an application as per the guidelines specified in Schedule- II

Rule-18 (INSERTED)

Imposition of Environmental Compensation

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The Compensation will be levied based upon polluter pays principle on persons who are not complying with the provisions of these rules, as per guidelines notified by the Central pollution Control Board

SCHEDULE —1

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Substituted