The Maharashtra Plastic Ban recently came into effect on June 23, 2018 by virtue of a notification (“Principal Notification”) by the Maharashtra State Environment Department (“Department”) dated March 23, 2018. The Department had on April 11, 2018 further modified the Principal Notification with the inclusion of certain parameters regarding the use and disposal of PET/PETE bottles.
Now, with the coming into effect of the Plastic Ban, the Department has issued a further notification dated June 30, 2018 modifying both the Principal Notification and the April 11, 2018 notification with the inclusion of certain new entries and modification of certain existing ones.
The highlights of the changes brought in by the June 30, 2018 Notification are as follows:
- Use, sale, storage and manufacture of PET or PETE bottles of capacity less than 200ml are banned in the State of Maharashtra.
- PET/PETE bottles of 1 litre or more shall have printed on it the buyback or refund price of Re. 1 for the bottle as per the choice of the manufacturer.
- PET/PETE bottles of less than 1 litre shall have printed on it the buyback or refund price of Rs. 2 for the bottle as per the choice of the manufacturer.
- Bulk consumers of PET bottles such as offices or institutions have to mandatorily provide for a space for collection of plastic waste.
- PET bottle industries invested with the sole responsibility to ensure collection and refund or buyback of the PET/PETE bottles as per the prescribed rates.
- As per the Plastic Waste Management Rules, 2016, manufacturers should stop use of non-recyclable multi-layered plastic immediately since the buffer period of two years has expired.
- New definitions for “Multi-layered Packaging” and “Paper-Based Carton Packaging using one layer of plastic” have been introduced.
- Manufacturers/brand owners/producers using multi-layered and paper-based carton packaging using one layer of plastic shall implement their Extended Producer’s Responsibility by establishing Producer’s Responsible Organisations (PRO), which shall be fully responsible for Plastic Waste Management from collection to final disposal. The appropriate authority shall review the Extended Producer’s Responsibility Plan after three months from date and shall thereafter if necessary take appropriate steps for regulation.
Extension in the Exemption list:
- In addition to exempting the use of plastic bags/plastic for packaging medicines, the same has now been extended to medical equipment’s and medical products.
- Guidelines for use of plastics/thermocol for use as wrapping material at the manufacturing stage has been created. Some of the requirements are such that the plastics/thermocol shall have to be more than 50-micron in thickness, comprise of at least 20% recyclable plastic
- Guidelines for selling of groceries and grain products in sealed plastic packaging have been issued along with the timelines for complying with the same at both the manufacturer and retailer level. Some of the requirements are such that the plastics have to be at least 50-micron in thickness and should weigh a minimum of 2 grams.
- Guidelines for sale of e-commerce goods using plastic packaging material have been issued along with the timeline for compliance with the same. The notification though does not clarify on whom the responsibility for developing eco-friendly packaging lies.