The Ministry of Environment, Forest and Climate Change (“Ministry”) has notified the Plastic Waste Management (Amendment) Rules, 2024 (“Amendment Rules”) amending the provisions of Plastic Waste Management Rules, 2016.
These are effective from 14th March, 2024.
Key highlights of the Amendment Rules:
1. Amendment to definitions:
a. Importer: The definition has been amended to include a person who imports for commercial use, any plastic packaging or any commodity with plastic packaging or carry bags or plastic sheets or like material, or plastic raw material including in the form of resin or pellets, or intermediate material to be used for manufacturing plastic packaging such as films or preforms.
b. Manufacturer: The definition has been limited to a person engaged in production of plastic raw material, including compostable plastics and biodegradable plastics.
c. Producer: It is defined as a person engaged in manufacturing of plastic packaging; and includes a person engaged in manufacture of intermediate material to be used for manufacturing plastic packaging, and also the person engaged in contract manufacturing of products using plastic packaging or through other similar arrangements for a brand owners.
d. Seller: The amendment has included the definition of a seller as a person who sells plastic raw material such as resins or pellets or intermediate material used for producing plastic packaging.
2. The amended provisions for the responsibility for producers, importers, and brand owners (under rule 9) will now additionally include the following
a. such producers, importers and brand owners who introduce any plastic packaging in the market will be responsible for collection of such plastic packaging.
b. on the fulfilment of the extended producer responsibility, the producer, importer or the brand owner will deem to have complied with his responsibility.
c. the producers, importers, brand owners, manufacturers, and manufacturers of commodities made from compostable plastics or biodegradable plastics, must fulfil Extended Producer Responsibility as per guidelines specified in Schedule- II.
3. Amended protocols for compostable and biodegradable plastic materials (under Rule 10):
It will now include the provision for the BIS to specify separate colour or marking for plastic packaging and commodities made from compostable plastics or biodegradable plastics.
4. Labelling and marking requirements for recycled plastic packaging or commodity and plastic packaging or commodity made from compostable plastics (under Rule 11):
These requirements have been modified.
5. The modified provisions for Registration of producer, recyclers and manufacturer (under Rule 13):
It will now additionally require registration for importers of plastic raw material. Further, the obligations for manufacturer and importer of plastic raw material will be as follows:
a. sell plastic raw material only to Producer or Seller registered under these rules and the Registration number of such Producer or Seller is mentioned on sale invoice for sale of plastic raw material.
b. not sell plastic raw material to any entity or units engaged in manufacturing of prohibited single use plastic items.
c. print the following on all packaging bags of plastic raw material:
Not to be used in the manufacture of single use plastic items prohibited under the Plastic Waste Management Rules, 2016 including plastic sheets < 50 micron thickness, non-woven carry bags < 60 GSM, Carry bags < 120 micron thickness.
d. submit Quarterly Report to the Central Pollution Board and State Pollution Control Board or Pollution Control Committee concerned.
6. The amended provisions for Annual Reports (under Rule 17):
It now mandates that-
a. Every person engaged in recycling or processing of plastic waste shall prepare and submit online an annual report in Form-IV to the local body concerned and also to the State Pollution Control Board or Pollution Control Committee concerned by the 30th April of every year.
b.
c. Every manufacturer and importer of plastic raw material shall prepare and submit online a quarterly report in Form VII to the State Pollution Control Board or Pollution Control Committee concerned by the last day of month following the quarter and an annual report by 30th June of every year.
d. Every person engaged in the sale of plastic raw material or an intermediate material used for manufacture of plastic packaging shall prepare and submit online an annual report mentioning therein the detail of transactions to the State Pollution Control Board or Pollution Control Committee concerned by the 30th June of every year.
A copy of the notification has been attached for the ease of reference.
Source: Ministry of Environment, Forest and Climate Change
