The Plastic Waste Management (Amendment) Rules, 2021

In line with the clarion call given by Prime Minister Shri Narendra Modi to phase out single use plastic by 2022, keeping in view the adverse impacts of littered plastic on both terrestrial and aquatic ecosystems, the Ministry of Environment, Forest and Climate Change, Government of India, has notified the Plastic Waste Management Amendment Rules, 2021, which prohibits identified single use plastic items which have low utility and high littering potential by 2022.

Pollution due to single use plastic items has become an important environmental challenge confronting all countries. India is committed to take action for mitigation of pollution caused by littered Single Use Plastics. In the 4th United Nations Environment Assembly held in 2019, India had piloted a resolution on addressing single-use plastic products pollution, recognizing the urgent need for the global community to focus on this very important issue. The adoption of this resolution at UNEA 4 was a significant step.

The manufacture, import, stocking, distribution, sale and use of following single-use plastic, including polystyrene and expanded polystyrene, commodities shall be prohibited with effect from the 1st July, 2022:-

• Earbuds with plastic sticks,
• Plastic sticks for balloons,
• Plastic flags,
• Candy sticks,
• Ice-cream sticks,
• Polystyrene [ Thermocol ] for decoration;
• Plates, cups, glasses, cutlery such as forks, spoons, knives, straw, trays, wrapping or packaging films around sweet boxes, invitation cards, and
• cigarette packets,
• Plastic or PVC banners less than 100 micron, stirrers.

In order to stop littering due to light weight plastic carry bags, with effect from 30th September, 2021, the thickness of plastic carry bags has been increased from fifty microns to seventy five microns and to one hundred and twenty microns with effect from the 31st December, 2022. This will also allow reuse of plastic carry due to increase in thickness.

The plastic packaging waste, which is not covered under the phase out of identified single use plastic items, shall be collected and managed in an environmentally sustainable way through the Extended Producer Responsibility of the Producer, importer and Brand owner (PIBO), as per Plastic Waste Management Rules, 2016. For effective implementation of Extended Producer Responsibility the Guidelines for Extended Producer Responsibility being brought out have been given legal force through Plastic Waste Management Amendment Rules, 2021.

The waste management infrastructure in the States/UTs is being strengthened through the Swachh Bharat Mission. The following steps have also been taken to strengthen implementation of Plastic Waste Management Rules, 2016 and also to reduce the use of identified single use plastic items:(i) the States/UTs have been requested to constitute a Special Task Force for elimination of single use plastics and effective implementation of Plastic Waste Management Rules, 2016. A National Level Taskforce has also been constituted by the Ministry for taking coordinated efforts to eliminate identified single use plastic items and effective implementation of Plastic Waste Management Rules, 2016.

The State /UT Governments and concerned Central Ministries/Departments have also been requested to develop a comprehensive action plan for elimination of single use plastics and effective implementation of Plastic Waste Management Rules, 2016, and its implementation in a time bound manner. Directions under Section 5 of Environment (Protection) Act, 1986, have been issued to all States/Union Territories inter alia for setting up for institutional mechanism for strengthening enforcement of Plastic Waste Management (PWM) Rules, 2016.

The Government has also been taking measures for awareness generation towards elimination of single use plastics and effective implementation of Plastic Waste Management Rules, 2016. A two month long Awareness Campaign of Single Use Plastic 2021 has been organized. The Ministry has also organized pan India essay writing competition on the theme for spreading awareness amongst school students in the country.

MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE

NOTIFICATION

New Delhi, the 12th August, 2021

G.S.R. 571(E).—Whereas the draft rules to amend the Plastics Waste Management Rules, 2016, were published in the Gazette of India, Extraordinary, dated the 11th March, 2021 vide notification number GSR 169 (E), inviting objections and suggestions from all persons likely to be affected thereby within a period of sixty days from the date copies of the Gazette containing the said draft rules were made available to the public;
And whereas, copies of the Gazette containing the said draft rules were made available to the public on the 11th March, 2021;
And whereas, objections and suggestions received within the aforesaid period have been duly considered by the Central Government;
Now, therefore, in exercise of the powers conferred by sections 6, 8 and 25 of Environment (Protection) Act 1986, (29 of 1986), the Central Government hereby makes the following rules to amend the Plastic Waste Management Rules, 2016, namely :-

1. (1) These rules may be called Plastic Waste Management (Amendment) Rules, 2021.
(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Plastic Waste Management Rules,2016 (hereinafter referred to as the said rules), in rule 2, in sub-rule (1), after the word “Importers”, the words, “brand-owner, plastic waste processor (recycler, co-processor, etc.)” shall be inserted.

3. In the said rules, in rule 3,

(i) after clause (n), the following clause shall be inserted, namely :-

"(na) “Non-woven plastic bag” means Non-woven plastic bag made up of plastic sheet or web structured fabric of entangled plastic fibers or filaments (and by perforating films) bonded together by mechanical or thermal or chemical means, and the “non-woven fabric” means a flat or tufted porous sheet that is made directly from plastic fibres, molten plastic or plastic films;"

(ii) after clause (q), the following clause shall be inserted, namely: -

"(qa) “Plastic waste processing” means any process by which plastic waste is handled for the purpose of reuse, recycling, co-processing or transformation into new products;" 

(iii) after clause (v), the following clauses shall be inserted, namely: -

"(va) “Single-use plastic commodity” mean a plastic item intended to be used once for the same purpose before being disposed of or recycled;"

"(vb) “Thermoset plastic” means a plastic which becomes irreversibly rigid when heated and hence cannot be remoulded into desired shape;"

"(vc) “Thermoplastic” means a plastic which softens on heating and can be moulded into desired shape;"

4. In the said rules, in rule 4, -

(a) in sub-rule (1),−

(i) for the words “importer stocking”, the words “import, stocking” shall be substituted;
(ii) in clause (c), for the words “fifty microns in thickness” , the words, figures, letters and brackets “seventy five microns in thickness with effect from the 30th September, 2021and one hundred and twenty (120) microns in thickness with effect from the 31st December, 2022” shall be substituted;
(iii) in clause (h), after the words, “carry bags”, the words “and commodities” shall be inserted;
(iv) in clause (h), after the words, “compostable plastic carry bags”, the words “or commodities or both” shall be inserted;
(v) after clause (i), following clause shall be inserted, namely: -

“ ( j) non-woven plastic carry bag shall not be less than 60 Gram Per Square Meter (GSM) with effect from the 30th September, 2021.”;

 

(b) after sub-rule (1), the following sub-rules shall be inserted, namely:-

“(2) The manufacture, import, stocking, distribution, sale and use of following single use plastic, including polystyrene and expanded polystyrene, commodities shall be prohibited with effect from the 1st July, 2022:-

(a) ear buds with plastic sticks, plastic sticks for balloons, plastic flags, candy sticks, ice-cream sticks, polystyrene [Thermocol] for decoration;

(b) plates, cups, glasses, cutlery such as forks, spoons, knives, straw, trays, wrapping or packing films around sweet boxes, invitation cards, and cigarette packets, plastic or PVC banners less than 100 micron, stirrers.  

(3) The provisions of sub-rule (2) (b) shall not apply to commodities made of compostable plastic.

(4) Any notification prohibiting the manufacture, import, stocking, distribution, sale and use of carry bags, plastic sheets or like, or cover made of plastic sheets and multi layered packaging and single-use plastic, including polystyrene and expanded polystyrene, commodities, issued after this notification, shall come into force after the expiry of ten years, from the date of its publication”.

5. In the said rules, in rule 5, in sub-rule (1), in clause (d), for the figures “2000”, the figures “2016” shall be substituted.

6. In the said rules, in rule 6, in sub-rule (2), after clause (a), following clause shall be inserted, namely: -

“(aa) ensuring that the provisions of these rules, as amended, are adhered to;”.

7. In the said rules, in rule 7, in sub-rule (1), after clause (a), following clause shall be inserted, namely : -

“(aa) ensuring that the provisions of these rules, as amended, are adhered to;”.

8. In the said rules, in rule 9, in sub-rule (1), after the words, “local body concerned”, the words “as per guidelines issued under these rules from time to time” shall be inserted.

9. In rule 11, sub-rule (1), −

(i) after the words “plastic carry bag”, the words, “plastic packaging” shall be  inserted; 

(ii) in clause (a), after the word “manufacturer”, the words “producer or brand owner” shall be inserted, and after the words “carry bag”, the words “and plastic  packaging used by the brand owner” shall be inserted;  

(iii)in clause (b), after the words “multilayered packaging”, the words “excluding  multi-layered packaging used for imported goods” shall be inserted; 

(iv) in clause (c), after the words “name and certificate number”, the words “of  producer” shall be inserted.

10. In rule 12, − 

(i) in sub-rule (2), after the words “waste generator,” ,the words “restriction or  prohibition on” shall be inserted; 

(ii) in sub-rule (3), after the words “waste generator,” ,the words “ restriction or prohibition on” shall be inserted.

11. In rule 13, in sub-rule (1), after the words “Union Territory concerned”, the words “or the Central  Pollution Control Board” shall be inserted.  

[F. No. 17-2-2001 (Pt)-Part I -HSMD]

NARESH PAL GANGAWAR, 

Jt. Secy. 

Note : The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub section (i), vide number GSR 320 (E), dated the 18th March, 2016 and subsequently amended vide notification number GSR 285 (E), dated the 27th March, 2018.