Control of Disposable Plastics Act No.11 of 2019

CONTROL OF DISPOSABLE PLASTICS ACT, 2019–11 Arrangement of Sections Short title Definitions Application Prohibition Prohibition on importation or manufacture of petro-based plastic bags Exemption for certain plastic bags, plastic wraps or disposable polystyrene containers Licence for the importation Standards issued by Barbados National Standards Institute Offence of misrepresentation Committee Schedules Regulations Commencement 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Supplement to Extraordinary Gazette dated 29th March, 2019 FIRST SCHEDULE LIST OF EXEMPTED PLASTIC BAGS AND DISPOSABLE POLYSTYRENE CONTAINERS SECOND SCHEDULE APPLICATION FOR A LICENCE TO IMPORT ENVIRONMENTALLY FRIENDLY PRODUCTS THIRD SCHEDULE LICENCE FEE FOURTH SCHEDULE LICENCE FIFTH SCHEDULE CONSTITUTION AND PROCEDURE 2 CONTROL OF DISPOSABLE PLASTICS ACT, 2019–11 BARBADOS I assent S. MASON Governor-General 29th March, 2019. 2019–11 An Act to make provision for a prohibition on the importation, manufacture, retail of certain disposable plastics, authorise the use of certain types of disposable plastics and provide for related matters. [Commencement: 1st April, 2019] ENACTED by the Parliament of Barbados as follows: CONTROL OF DISPOSABLE PLASTICS ACT, 2019–11 3 Short title This Act may be cited as the Control of Disposable Plastics Act, 2019. Definitions For the purposes of this Act, “exempted plastic bag” means a plastic bag listed in the First Schedule; “environmentally sustainable” means a material that is made from a biological based resource and that is compostable in a facility or garden; “Minister” means the Minister responsible for Maritime Affairs and the Blue Economy; “plastic” means a synthetic material that is made of a range of polymers; “petro-based plastic bag” means a bag made of a petroleum based resin; “single use plastic containers” means any of the following disposable containers made of plastic or polystyrene: cups; food containers; egg trays; plates; or polystyrene containers used in the culinary retail industry; “single use plastic cutlery” means petroleum based plastic cutlery of a disposable nature and includes beverage stirrers and straws composed of petroleum based resins. 1. 2. (a) (b) (c) (d) (e) 4 CONTROL OF DISPOSABLE PLASTICS ACT, 2019–11 Application The provisions of this Act shall not apply to any plastic beverage container referred to in the Returnable Containers Act, Cap. 395A. Prohibition With effect from the 1st day of April, 2019 no person shall import single use plastic containers; single use plastic cutlery. With effect from the 1st day of July, 2019 no person shall distribute, offer for sale, sell or use single use plastic containers; single use plastic cutlery. A person who contravenes subsection (1) or (2) is guilty of an offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for a term of one year or to both and in the case of a continuing offence, to a further fine of $1 000 for each day or part thereof, during which the offence continues after which a conviction is first obtained. Prohibition on importation or manufacture of petro-based plastic bags Subject to section 6, with effect from the 1st day of January, 2020 no person shall import or manufacture any petro-based plastic bag. Exemption for certain plastic bags, plastic wraps or disposable polystyrene containers A person may manufacture, import, distribute, offer for sale, sell or use any petro-based plastic bag, plastic wrap or polystyrene container which is required for a purpose specified in the First Schedule. 3. 4.(1) (a) (b) (2) (a) (b) (3) 5. 6. CONTROL OF DISPOSABLE PLASTICS ACT, 2019–11 5 http://barbadosparliament-laws.com/en/showdoc/cs/395A Licence for the importation With effect from the 1st of July, 2019 no person shall import, sell or use any single use plastic container or any single use plastic cutlery that is labelled or marketed as “environmentally sustainable” unless that person has first applied for and obtained a licence under this Act. An application for a licence made pursuant to subsection (1) shall be in the form set out in the Second Schedule and shall be accompanied by the licence fee set out in the Third Schedule. The Minister may, on receipt of an application made pursuant to subsection (1) and after consultation with the Barbados National Standards Institute, grant a licence for the importation of any single use plastic container or single use plastic cutlery referred to in subsection (1). A licence granted pursuant to subsection (3) shall be in the form set out in the Fourth Schedule and is not transferable. Any person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for a term of one year or to both and in the case of a continuing offence, to a further fine of $1 000 for each day or part thereof, during which the offence continues after which a conviction is first obtained. Standards issued by Barbados National Standards Institute The Barbados National Standards Institute shall issue standards that govern the importation of single use plastic containers or single use plastic cutlery that are “environmentally sustainable”. Offence of misrepresentation A person who makes a false or misleading claim or statement and represents that the single use plastic containers or single use plastic cutlery that 7.(1) (2) (3) (4) (5) 8. 9.(1) 6 CONTROL OF DISPOSABLE PLASTICS ACT, 2019–11 are imported or offered for sale by him are “environmentally sustainable” is guilty of an offence. A manufacturer, wholesaler or retailer who makes a false or misleading claim or statement and represents that the single use plastic containers or single use plastic cutlery imported, offered for sale, manufactured or distributed by him are “environmentally sustainable” is guilty of an offence. A person who contravenes subsection (1) or (2) is liable on summary conviction to a fine of $50 000 or to imprisonment for a term of one year or to both, and in the case of a continuing offence to a further fine of $1 000 for each day or part thereof during which the offence continues after which a conviction is first obtained. Committee There is established a Committee to address, monitor and develop plastic pollution prevention programmes; and formulate and implement strategies and programmes to educate the public on the pollution created by plastics. The Fifth Schedule has effect with respect to the constitution and procedure of the Committee. Schedules The Minister may, by order, amend the Schedules. Regulations The Minister may make regulations for the conservation, management and protection of the environment from pollution by plastics; for prescribing any required fees and forms; or (2) (3) 10.(1) (a) (b) (2) 11. 12. (a) (b) CONTROL OF DISPOSABLE PLASTICS ACT, 2019–11 7 for giving effect to the purposes and provisions of this Act. Commencement This Act shall come into force on the 1st day of April, 2019. (c) 13. 8 CONTROL OF DISPOSABLE PLASTICS ACT, 2019–11 FIRST SCHEDULE (Sections 2, 6) LIST OF EXEMPTED PLASTIC BAGS AND DISPOSABLE POLYSTYRENE CONTAINERS Any item that is a plastic bag designed for, packaged and retailed specifically for the disposal of waste from households, public places, business places, offices or industrial plants; a plastic bag or disposable polystyrene container or item for pharmaceutical dispensing or any other medical use; a plastic bag or plastic wrap designed for storage of agricultural products; a plastic bag manufactured for export; a plastic bag or plastic wrap used for perishables or the preservation of food; a plastic straw attached to a small tetra pak box; a tray made of polystyrene used for the packaging of fresh meat. (a) (b) (c) (d) (e) (f) (g) CONTROL OF DISPOSABLE PLASTICS ACT, 2019–11 9 SECOND SCHEDULE (Section 7(2)) Control of Disposable Plastics Act, 2019 (Act 2019-11) APPLICATION FOR IMPORT LICENCE 1 Full name of Applicant: 2. Business address of Applicant: 3. Occupation: 4. Product description: 5. Composition of product: 6. Date of application: N.B.: It is an offence under this Act to give particulars that are not correct. Signature of Applicant 10 CONTROL OF DISPOSABLE PLASTICS ACT, 2019–11 THIRD SCHEDULE (Section 7(2)) LICENCE FEE Fee for the import licence $25.00 CONTROL OF DISPOSABLE PLASTICS ACT, 2019–11 11 FOURTH SCHEDULE (Section 7(4)) Control of Disposable Plastics Act, 2019 (Act 2019-11) LICENCE Licence Number: This licence is granted to of for the purpose of importing single use plastic containers or single use plastic cutlery labelled or marketed as “environmentally sustainable”. This licence expires on day of , 20 . Dated this day of , 20 . Minister Responsible for Maritime Affairs and the Blue Economy Name of Applicant Business Address 12 CONTROL OF DISPOSABLE PLASTICS ACT, 2019–11 FIFTH SCHEDULE (Section 10) CONSTITUTION AND PROCEDURE The Committee shall consist of no more than 8 members appointed by the Minister by an instrument in writing. Each member of the Committee shall have technical knowledge and experience in relation to environmental protection issues or be a member of civil society who demonstrates a special interest in protecting the environment. A member of the Committee appointed under paragraph 1(1) shall have tenure of no more than 3 years. The names of all the members of the Committee as first constituted and every change in the membership shall be published in the Official Gazette. No remuneration shall be payable to the members of the Committee except with the approval of the Cabinet. A member of the Committee may resign by a letter in writing sent to the Minister. The Committee shall regulate its own proceedings. The Committee shall meet at such times and places as may be necessary or expedient for the transaction of its business. Minutes in the proper form of each meeting of the Committee shall be kept by the Secretary of the Committee. 1.(1) (2) 2. 3. 4. 5. 6. 7. 8. CONTROL OF DISPOSABLE PLASTICS ACT, 2019–11 13