Maharashtra Plastic and Thermocol Products (Manufacture, Usage, Sale, Transport, Handling and Storage) Notification, 2018

Mar 26, 2018 | by Avantis RegTech Legal Research Team

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Despite the ban on plastic bags of less than 50 micron through Maharashtra Plastic Carry Bags (Manufacture and Usage) Rules, 2006, the State Government of Maharashtra is of the opinion that there is increase in the non-biodegradable plastic garbage waste causing damage to environment and health.

Therefore, the State Government has made the Maharashtra Plastic and Thermocol Products (Manufacture, Usage, Sale, Transport, Handling and Storage) Notification, 2018 to regulate certain activities in the whole State of Maharashtra under the Maharashtra Non-Biodegradable Garbage (Control) Act, 2006.

The ban in the whole State of Maharashtra for manufacture, usage, transport, distribution, wholesale & retail sale and storage, import of the plastic bags with handle and without handle, and the disposable products manufactured from plastic & thermocol (polystyrene) such as single use disposable dish, cups, plates, glasses, fork, bowl, container, disposable dish/ bowl used for packaging food in hotels, spoon, straw, non-woven polypropylene bags, cups/ pouches to store liquid, packaging with plastic to wrap or store the products, packaging of food items and food grain material etc.

These regulations are applicable to every person, body of person, government and non-government organization, educational institution, sport complex, clubs, cinema halls and theaters, marriage/celebration halls, industrial units, commercial institutions, offices, pilgrimage organisers, pilgrimages and religious places, hotels, dhabas, shopkeepers, malls, vendors or sellers, traders, manufacturers, caterer, wholesalers, retailers, stockiest, businessmen, hawkers, salesmen, transporters, market, producers, stalls, tourist places, forest & reserved forest, eco-sensitive areas, all sea beaches, all public places, bus stands, railway stations in the State of Maharashtra. 3) There will be ban in whole state for use of plastic and thermocol for decoration purpose.

These regulations shall not be applicable to the following items:-

i.                Plastic bags or plastic used for packaging of medicines;

ii.              Only compostable plastic bags or material used for plant nurseries, horticulture, agriculture, handling of solid waste. However, bags / sheets utilized for this purpose shall be prominently printed on it with “Use exclusively for this specific purpose only”. The manufacturers or seller of compostable plastic carry bags shall obtain a certificate from the Central Pollution Control Board before marketing or selling for this purpose.

iii.            To manufacture plastic and plastic bags for export purpose only, in the Special Economic Zone and export oriented units etc.

iv.             The plastic cover / plastic to wrap the material at the manufacturing stage or is an integral part of manufacturing. Guidelines to recycle or reuse such plastic should be printed prominently on the cover and material.

v.               Food grade virgin plastic bags not less than 50 micron thickness used for packaging of milk. However, on such plastic bags used for this purpose, should be clearly printed with the price for buy back which should not be less than Rs.0.50 to develop buy back system for recycling. To develop collection mechanism and ensure proper recycling of such used bags, milk dairies, retail sellers and traders will buy back such used milk bags with predefined buy back price printed on it. Milk dairies, retail sellers and traders will ensure that such buy back mechanism and collection and recycling system shall establish within three months from the date of publication of this regulation. However, Milk Dairy and distributors shall make efforts to develop alternative system with glass bottles or any other environmental friendly material for distribution of milk.

Maharashtra Pollution Control Board shall impose the condition on manufacturers indicating that recycling price and buy back price should be prominently printed on PET / PETE bottles and plastic bags permissible under these regulations while issuing consent to establish, consent to operate/ renewal and also to initiate actions on non-complying units or industries under appropriate act.

Time frame for implementation of this regulation has also been provided.

[Notification No. Plastic-2018/C.R. No. 24/TC-4][Section: Part IV-B, Extraordinary No. 81 dated March 23, 2018]



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