Environment Ministry today issued a notification banning the use of plastics for packaging gutka and other tobacco products after it was pulled up by the Supreme Court for not implementing the law regulating the use of the environmentally harmful polymers.
The Plastic Waste (Management and Handling) Rules,2011 also bans the packaging of foodstuffs in recycled plastics or compostable plastics.
On February 2,the Supreme Court had refused to grant more time to the Centre for implementing the law to regulate the use of plastic for packaging tobacco products and asked it to notify that within two days.
Environment Minister Jairam Ramesh,however,today said it is impractical and undesirable to impose a blanket ban on the use of plastic all over the country.
“The real challenge is to improve municipal solid waste management systems. In addition to the privatisation and mechanisation of the municipal solid waste management systems,we must be sensitive to the needs and concerns of the lakhs of people involved in the informal sector,” the Minister said.
The new notification replaces the earlier Recycled Plastics Manufacture and Usage Rules,1999 (amended in 2003).
“These Rules have been brought out following detailed discussions and consultations with a wide spectrum of stakeholders including civil society,industry bodies,relevant central government Ministries and state governments,” the Ministry said.
Under the new Rules,recycled carry bags shall conform to specific Bureau of Indian Standards (BIS).
“Plastic carry bags shall either be white or only with those pigments and colourants which are in conformity with the bar prescribed by the BIS. This shall apply expressly for pigments and colourants to be used in plastic products which come in contact with foodstuffs,pharmaceuticals and drinking water.
The new rules say that plastic carry bags shall not be less than 40 microns in thickness. Under the earlier rules,the minimum thickness was 20 microns.
Several state governments have stipulated varying minimum thickness. It is now expected that 40 microns norms will become the uniform standard to be followed across the country,the Ministry said.
According to the new rules,the minimum size (of 8×12 inches) for the plastic carry bags prescribed under the earlier Rules has been dispensed with.
“Carry bags can be made from compostable plastics provided they conform to BIS standards,” it said.
One of the major provisions under the new rules is the explicit recognition of the role of waste pickers.
“The new rules require the municipal authority to constructively engage agencies or groups working in waste management including these waste pickers. This is the very first time that such a special dispensation has been made,” the Ministry said.
Specifying the role of implementing authority,the new notification says that “the Municipal authority shall be responsible for setting up,operationalisation and coordination of the waste management system and for performing the associated functions.”
With this,the Municipal authorities will be responsible for ensuring safe collection,storage,segregation,transportation,processing and disposal of plastic waste and that no damage is caused to the environment during this process.
They will also ensure setting up of collection centres for plastic waste involving manufacturers.
The Municipal authorities will also have “to ensure its channelisation to recyclers,to create awareness among all stakeholders about their responsibilities and to ensure that open burning of plastic waste is not permitted.”
Also no carry bags shall be made available free of cost to consumers. The municipal authority may determine the minimum price for plastic carry bags,the Ministry said.
“The municipal authority may also direct the manufacturers to establish plastic waste collection centres,either collectively or individually,in line with the principle of ‘Extended Producers Responsibility.
“The new Rules have stipulated provisions for marking or labelling to indicate name,registration number of the manufacturer,thickness and also to indicate whether they are recycled or compostable,” the Ministry said.
Earlier,a bench headed by Justice G S Singhvi had directed the government to meet the deadline set by it in December to notify the law.
“We are not going to give you more time. No question of giving more time. You should notify the law within two days available to you (government). You would violate the court’s order at your peril,” it had said.


