Bihar Government takes a leap towards imposing an effective ban on manufacturing/importing/storing/sale or use etc. of Plastic Carry Bags

Pursuant to the draft notification in the trail mail, the Environment and Forest Department of Bihar has issued a finalised notification dated October, 15, 2018, banning manufacture, import, storage, usage, transport and sale of plastic carry bags in the state.

While the draft notification in its entirety has been imbibed in the final version, a new point for Penalty has been incorporated. This clause states that any contravention of the directions mentioned in the notification will be punishable with imprisonment for a term which may extend to 5 years and fine up to Rs.1 lac. or both. Further, in case of violation of the directions, seizure and fine will be imposed as per the Bye-laws framed under Bihar Municipal Act, 2007. (The Draft Bye-laws in this regard have been issued and is mentioned below)

The notification will come into effect 60 days after its publication in the official gazette.

Please note that the above notification has not been made available on the official gazette as yet and we are seeking clarity from the department in this regard.

Source: Environment and Forest Department of Bihar

In line with the above initiative of the Environment and Forest Department of Bihar to effectively ban plastic in the State and with a view to bring in consistency in the implementation of the Plastic Waste Management Rules, 2016, the Urban Development and Housing Department, Government of Bihar, has, through a notification dated October 12, 2018, issued the Model Bihar Municipality Plastic Waste Management Bye-Laws, 2018 (“Bye-laws”). The Bye-laws is in draft stage and is open for public inspection.

The proposed Bye-laws will apply to every waste generator, manufacturer, producer, importer, brand owner, and users as defined in the Bye-laws. However, it will not be applicable to exporter-oriented units or units in Special Economic Zones manufacturing products against order for export.

Key Highlights:

  1. A blanket ban on manufacture, import storage transport, sale and usage of plastic carry bags is proposed.
  2. Exemption for manufacture, import, stocking, distribution and sale of plastic carry bags for storage of Bio Medical Waste has been made. Plastic carry bags used for such purposes must not be less than 50 microns. Disposal of these bags must be according to Bio Medical Waste Management Rules, 2016.
  3. Private nurseries using polybags for seedlings must ensure that the bags are more than 50 microns in thickness.
  4. Plastic sheet or similar items which is not an integral part of multilayered packaging and cover made of plastic sheet used for packaging must not be less than 50 microns unless thickness impairs its functionality. Retailers and vendors must also ensure that such plastic sheets and covers are labelled and marked as per these Bye-laws.
  5. Manufacturing of multilayered packaging material can be done only after valid registration form Bihar State Pollution Control Board.
  6. Formats for application and renewal of registration of-

a)producers of plastic,

b)persons recycling or processing plastic waste or proposing to do so,

c)manufacturer of plastic to be used as raw material,

have been incorporated under the proposed Bye-laws.

  1. Format for annual report of persons recycling or processing plastic waste has been prescribed.
  2. The responsibilities of waste generators, producers, importers and brand owners and retailers with regard to plastic waste have been defined.
  3. Fines for violation of the provisions of the proposed Bye-laws have also been specified.

Source: Urban Development and Housing Department, Government of Bihar

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