The issue of Plastic Bags

India is facing the problem of growing plastic waste with very little recycling making our country "the second largest plastic waste generator". The Government is trying to phase out single-use plastic by 2022. 

State-specific bans on the manufacture, supply, storage and use of plastics that are already in place in most of the states.

There is a confusion regarding what kind of plastic bags have actually been banned and its applicability. Let's go through the legal provisions to understand the issue.

Legal provisions

Plastic Waste (Management and Handling) Rules, 2011" were made to effectively handle the plastic waste. As per the rules, 

“No carry bags shall be made available free of cost by retailers to consumers”. 

The intention was to curb indiscriminate use of plastic bags and reduce their irresponsible disposal. This was based on a principle known as ‘Polluters Pay’ which means "he, who is responsible for pollution, should bear the cost."

The Rules were replaced by new Plastic Waste Management Rules, 2016. The Rules imposed prohibition in usage of carry bags and also provided for Explicit Pricing of carry bags.

Prohibition: Retailers are not allowed to sell or provide commodities to consumer in carry bags, not  made as per these rules. Non-compostable plastic bags below 50 microns cannot be used.

Explicit Pricing of carry bags: The 2016 Rules also said that plastic carry bags can be provided to customers on payment of extra money. Such retail stores had to register with local body and display at prominent place that plastic carry bags are given on payment.

However, this Rule regarding explicit Pricing of carry bags and registration with local body has now been omitted by the amendment in year 2018.

This step was taken because several states had already banned plastic completely or were planning to do so making the provision, irrelevant.

Statewise ban on Plastic Bags

States have been trying to curb the problem of plastic waste. Sikkim was ahead of all the states and banned plastic bags in year 1998. Delhi government also tried to ban plastic completely in year 2012, but severe backlash was faced from traders. Gujarat government banned all plastic carry bags irrespective of thickness in August 2015. Karnataka State Government imposed a complete and total ban on plastic in year 2016. 

After 2016 rules and 2018 amendment, almost all the states have issued notifications to ban the plastic bags below the thickness of 50 microns. Himachal Pradesh has banned all plastic bags, irrespective of their thickness.

Tamil Nadu is the latest state which imposed such ban in January, 2019.

 There are variation in laws across the country on this matter. But it can be concluded that: 

"Plastic bags below thickness of 50 microns are banned. Retail stores should check their respective State law before finalizing order of plastic carry bag."

Final takeaways

As a retail store owner, you need to keep in mind few things listed below:

1) Try to avoid providing plastic bags. Try alternatives.

2) Do not provide single use Plastic Bags and bags not as per the standards prescribed.

3) Check your State law and directions prescribed by local bodies.

4) It is not mandatory to charge for the plastic carry bags. Read here about charging for carry bags.

5) Check your plastic bag supplier's registration with Pollution Control Board, for quality assurance.

Disclaimer: This article is solely for information and does not constitute legal advice.

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