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Definition and development of functional barriers for the use of recycled materials in multilayer food packaging

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Amendment Notification to Plastic Ban

ENVIRONMENT DEPARTMENT
15th floor, New Administrative Building, Madam Cama Road, Mantralaya, Mumbai 400 032
Dated 29th June, 2018
DRAFT NOTIFICATION

No. Plastic-2018/C.R.No. 24/TC-4. – WHEREAS, under the Maharashtra Non-Biodegradable Garbage (Control) Act, 2006, for regulating the manufacture, usage, sale, storage, transport of the products made from plastic and thermocol etc., the Government of Maharashtra published the Maharashtra Plastic and Thermocol Products(Manufacture, Usage, Sale, transport, handling and Storage) Notification, 2018 on 23rd March 2018, which was amended as per Notification dated 11th April, 2018; 

AND WHEREAS, as per para 8 of the said notification, for implementation of these regulations and help in resolving any difficulty faced by implementing authorities during implementation and if required also carry out any amendment in these regulations, the Government Resolution dated 22nd march 2018 constituted the Empowered Committee;

AND WHEREAS, the Empowered Committee in its  meeting of the held on 30th June, 2018, resolved to make amendment in the Maharashtra Plastic and Thermocol Products(Manufacture, Usage, Sale, transport, handling and Storage) Notification, 2018.

NOW THERFORE, in exercise of the power confirmed by clause (1) and (2) od Section 4 of the Maharashtra Non-biodegradable Garbage (Control) Act 2006, the Government of Maharashtra hereby makes the following

 

1. In Notification dated 23rd March 2018, in Para 2 at Serial No. 14 and 15 the following definitions are inserted: 

           14) “Multi-layered Packaging” means any material used or to be used for packaging and having at least one layer of plastic as the main ingredient in combination with one or more layers of material such as paper, paperboard, polymeric materials, metalized layers or aluminium foil either in the form of laminate or co-extruded structure           15) “Tetra-Pak” a type of plasticized cardboard carton for milk and other drinks, designed to protect food from moisture, bacteria, sunlight etc., thereby giving food a long shelf life, folded from a single sheet into a box shape  2. In the Notification dated 11th April, 2018 after Clause (c) of Para 1 of, the following clauses are inserted:           d) Use, sale, storage and manufacture of PET or PETE bottles of beverage having liquid holding capacity less than 200 ml. is banned in the State.             e) It is mandatory on the part of the bulk consumers of PET bottles such as hotels, marriage/party halls, outdoor event locations, offices/institutions shall provide space for collection of plastic waste.  3.  In Notification dated 23rd March 2018, Clause 2A is inserted after Clause 2 of Para 3 as follows:           1)As per Plastic Waste Management Rules, 2016 issued wide 18th March 2016, by the Ministry of Environment, Forest and Climate Change, Government of India, manufacture and use of non-recyclable multi-layered plastic if any, should be phased out in two years’ time. Since, the two years’ time is over, the Manufacturers should stop use of non-recyclable multi layered plastic immediately. 
            2) The manufacturer of recyclable multi-layered and Tetra-Pak material/Manufacturer’s Association,  shall diligently implement their Extended Producer’s Responsibility (EPR) Plan which includes co-ordination/ collaboration with existing Rag pickers/ Scrap Traders, retailers for collection of plastic waste and its subsequent recycling and final disposal through their own established recycling plant or registered recyclers by establishing Producer’s Responsible Organisations(PRO), which shall be responsible for 100% integral Plastic waste management right from collection to final disposal.
            3) The review will be taken on the EPR of the multi-layer and Tetra-Pak industry after three months from the date of issuance of this amended notification and on the basis of the outcome of review, further decision will be taken for regulation. 4. In Clause-3 of Para 3 regarding regulation not applicable to the items mentioned in the Notification dated 23th March, 2018, the following items are inserted.            (1) In Sr. No. (i), Medical Equipment’s and Medical Products are also added in addition to use of plastic for packaging of medicines.            (2) Sr. No. (ii) shall be read as it is.           (3) Sr. No. (iii) shall be read as it is.            (4) Sr. No. (iv) is substituted as follows:                         iv. Plastic material/ thermocol used for wrapping the material at the manufacturing stage or is an integral part of manufacturing shall comply the following conditions:                                 a. The packaging material shall be more than 50 micron thickness;                                 b. The packaging material shall be made up of minimum 20% recyclable plastic material (except for food packaging);                                 c. The packaging material (except for export purpose) shall be printed with manufacturer’s details, type of plastic with code number and buy-back price                                  d. The manufacturers/ manufacturers’ association using material for packaging shall work together and  create a buyback mechanism and diligently implement their Extended Producer’s Responsibility (EPR) Plan which includes co-ordination/ collaboration with existing Rag pickers/ Scrap Traders, retailers for collection of plastic waste and its subsequent recycling and final disposal through their own established recycling plant or registered recyclers by establishing Producer’s Responsible Organisations, which shall be responsible for 100% integral Plastic waste management from collection to final disposal.            (5) Sr. No. (v) shall be read as it is.           (6) At Sr. No. (vi) following clause is inserted:                      vi. Wholesalers and Retailers of groceries and grain products are allowed to sell groceries and grain products in sealed plastic packaging material subject to compliance of following conditions:                                 a. The plastic packaging material shall be more than 50 micron thickness with a minimum weight of 2 grams. The packaging material shall be printed with manufacturer’s details, type of plastic with code number and buy-back price.                                  b. Manufacturing associations for retail packaging material and retailer’s associations shall work to create a mechanism for the collection of the plastic through a buyback mechanism and ensure the recycling and final disposal of the collected plastic materials.                                  c. The conditions mentioned above in vi (a) and (b) shall be complied for use and sale of plastic packaging material within a period of three month from the date of issuance of this Amended Notification.                                  d. The Manufacturers shall comply with the conditions mentioned at Sr. No. vi (a) and vi (b) from the date of issuance of this Amended Notification.            (7) At Sr. No. (vii), following clause is inserted:                       vii. Plastic Packaging material used for products intended for sale outside the State of Maharashtra through E-Commerce shall be allowed. Plastic Packaging material used for products intended for sale in State of Maharashtra through E-Commerce shall be allowed for three months from the date of issuance of this notification.                        The E-Commerce Industry shall create a mechanism for the collection of the plastic packaging material used during the 3 months from the date of notification, through a buy back mechanism and ensure the recycling and final disposal of the recollected materials.  5. In para 4 of the Notification dated 23rd March, 2018, the officers are authorised and empowered for implementation and to take necessary legal action under the powers conferred u/s 12 of the provisions of the Maharashtra Plastic and Thermocol Products (Manufacture, Usage, Sale, transport, handling and Storage) Notification, 2018. In addition to this, after Sr.No.10 the following officers, are authorised. 
 11) Any officers nominated by the Railway, Metro, Maharashtra Maritime Board and Airport Authorities. By order and in the name of Governor of Maharashtra, ANIL DIGGIKAR,                                 Principal Secretary (Environment)                      

 

» Publication Date: 03/07/2018

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This project has received funding from the European Union’s Seventh Framework Programme for Research, technological development and demonstration (FP7/2007-2013) under grant agreement n° [606572].

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