RULES AND REGULATIONS IMPLEMENTING MUNICIPAL ORDINANCE NO.

2011-008, OTHERWISE
KNOWN AS AN ORDINANCE PROHIBITING THE USE OF PLASTIC CARRY-OUT BAGS ON DRY
GOODS AND REGULATING ITS USE ON WET GOODS AND PROHIBITING THE USE OF SOFTDRINK
STRAW AND STYROFOAM IN THE MUNICIPALITY OF KABACAN & PRESCRIBING PENALTIES
THEREOF

RULE I

POLICY AND APPLICATION

ARTICLE 1. Title. These Rules shall be known and cited as the Rules and Regulations Implementing
Municipal Ordinance No. 2011-008, otherwise known as An Ordinance Prohibiting the Use of
Plastic Carry-Out Bags on Dry Goods and Regulating its Use on Wet Goods and Prohibiting
the Use of Softdrink Straw and Styrofoam in the Municipality of Kabacan and Prescribing
Penalties thereof.

ARTICLE 2. Objectives and Purposes. These Rules are promulgated to prescribe the procedures and
guidelines for the implementation of the Municipal Ordinance No. 2011-008 in order to
facilitate compliance therewith and achieve the objectives thereof.

ARTICLE 3. Declaration of Policy. It is hereby declared the policy of the Municipality of Kabacan that
the territorial and political subdivisions shall abide by the provisions of this Ordinance and
Rules.

ARTICLE 4. Scope of Application. These Rules shall apply to all stakeholders in Kabacan.

ARTICLE 5. Rules of Interpretation. In the interpretation of the provisions of the Ordinance, any fair and
reasonable doubt on the powers of the Municipality of Kabacan shall be liberally interpreted
and resolved in its favor.

RULE II

PROHIBITED AND REGULATED ACTS AND PENALTIES

ARTICLE 6. Definition of Terms. For purposes of the Rules, the following term are defined as follows:

a) Goods

i. Wet Goods – refers to any refrigerated or frozen product to maintain freshness and to
extend shelf life and cooked foods in restaurants, carenderias, eateries and the likes.

ii.Dry Goods – refers to any product that doesn’t fall under wet goods.

b) Markets

i. Wet Market – generally refers to the store of any refrigerated or frozen product (meat,
fish and/or seafoods) to maintain freshness and to extend shelf life such
as wet section in public market, supermarkets, mini marts, eatery or other
similar establishments.
ii. Dry Market – generally refers to any establishment/outlet/store of products that do not
require refrigeration or freezing.

c) Plastic Bags – also known as sando bags, plastic carry out bags, pouch, plastic shopping
bags and plastic film that is used for containing and transporting goods and other products
(commercial or industrial). It shall also refer to thin–gauge packaging medium that is used
as bags or wraps.
 d) Packaging Materials

i. Primary packaging materials – refers to those types of packaging for containing wet
produce, snack foods, frozen foods, hardware, etc.

ii. Secondary packaging materials – refers to those types or packaging materials for
wet goods to provide support to any primary packaging and intended for convenience
of the handler.

e) Styrofoam – refers to expanded polystyrene foam, such as disposable coffee cups, cooler
or packaging materials for foods and desserts, which are typically white and are made of
expanded polystyrene beads.

f) Tote Bags – a soft open bag with handles often made of canvass, leather, plastic straw
used as shopping bags.

g.) Wastes – refers to any discarded plastic packaging materials, including softdrink straws
and Styrofoam.

h.) Woven Bags (a.k.a. bayong) – refers to biodegradable packaging material made of woven
pandan or buri leaves and other similar materials.

ARTICLE 7. Prohibited Acts. Business establishments and/ or individuals are prohibited from:

a) Selling and providing plastic bags to customers as secondary packaging materials on wet
goods;
b) Selling and providing plastic bags to customers as packaging material on dry goods;
c) Selling and providing straw for softdrinks;
d) Using Styrofoam as containers for food; and
e) Disposing plastic wastes.

ARTICLE 8. Regulated

a) Business establishments dealing on wet goods shall use plastic bags as primary
packaging material only.
b) Styrofoam used as ice chests, insulators and/or for any similar purposes may be allowed.
However, its disposal is subject to the existing rules and regulations of the municipality,
especially Municipal Ordinance 2009-001.

ARTICLE 9. Penalties. All business establishments who violates any of the prohibited acts stated herein
shall be penalized through the imposition of the following fees:

First Offense P 500.00 fine

Second Offense P 1,000.00 fine
Third Offense P 2,500.00 fine and/or imprisonment of not more than six (6) months upon
the discretion of the court and in the case of business establishments, cancellation of their
license to operate for a period of one (1) year.

A citation ticket shall be issued to any person who violates this Ordinances and the corresponding
penalty shall be paid to the Office of the Municipal Treasurer or to his duly authorized
representative within three (3) working days.

ARTICLE 10. Bring-Your-Own-Bag. All stakeholders are enjoined to bring their own baskets, tote bags
or bayongs (BYOB) upon shopping and going to markets, malls and other similar establishments.
 RULE III

MONITORING SYSTEM FOR THE IMPLEMENTATION

OF MUNICIPAL ORDINANCE NO. 2011-008

ARTICLE 11. Mandate. Pursuant to the Ordinance, monitoring the effective implementation of the
Ordinance rest on the Municipal Environment and Natural Resources Officer. Thereafter, the
MENRO shall prepare a semi-annual report on the progress of the implementation of the
Ordinance. However, the massive monitoring workload requires the imposition of a system to
attain effectivity and efficiency.

ARTICLE 12. Creation and Purpose of the Monitoring Team. A monitoring team is hereby created and
composed of the following:

a) Municipal Environment and Natural Resources Officer- Team Leader

b) Municipal Treasurer- Member
c) MEEDO Manager- Member
d) Municipal Planning and Development Coordinator- Member
e) Municipal Health Officer- Member
f) Barangay Chairman of the concerned barangay- Member
g) Two (2) representatives from an NGO to be designated by the Local Chief Executive, as
members.

The Team shall perform the following functions, duties and responsibilities:

a) Act as recommending body to the Local Chief Executive for effective/proper implementation
of the Ordinance;
b) Oversee the Information, Education and Communication (IEC) Campaign of every
establishment;
c) Monitor compliance of every stakeholder to the Ordinance;
d) Formulate a system of rewards and incentives for complying stakeholders

ARTICLE 13. Affected Parties. The monitoring shall be imposed to all stakeholders and visitors of
Kabacan.

ARTICLE 14. Funding. Funds, in order to operationalize the implementation of this ordinance, can be
derived from whatever available funds of the municipality, subject however to existing accounting and
auditing rules and regulations.

ARTICLE 15. Authorized Enforcing Officers. The following are the authorized enforcing officers:

1) Members of the Monitoring Team;

2) Deputized ESWM Enforcers;
3) Philippine National Police;
4) Barangay Officials and Tanods; and
5) Any other duly authorized representative of the local chief executive.

An Enforcing Officer shall be with proper identification.

ARTICLE 16. Collecting Body. The Book of Account, papers, cash and pertinent records germane to
expenditures and disbursements shall at all times be open for inspection by the local chief
executive.

ARTICLE 17. Incentives. Fifty percent (50%) of all fines as penalties collected from the enforcement of
this Ordinance shall be awarded to the authorized enforcing officers, subject however to existing
accounting and auditing rules and regulations.

ARTICLE 18. Implementation. The monitoring system shall be implemented upon approval of these
Rules.
 RULE IV
FINAL PROVISIONS

ARTICLE 17. Separability Clause. If any part of these Implementing Rules and Regulations is held or
declared as unconstitutional or unlawful, such declaration shall not affect the other parts or
sections hereof that are not declared unlawful or unconstitutional.

ARTICLE 18. Repealing Clause. All Rules and Regulations or parts of said rules and regulations of
pertinent ordinances inconsistent with this Ordinance shall be deemed repealed or modified
accordingly.

ARTICLE 19. Effectivity. This Implementing Rules and Regulations shall take effect immediately upon the
approval of the Local Chief Executive.

The foregoing Implementing Rules and Regulations of the Municipal Ordinance No. 2011-008, otherwise
known as “AN ORDINANCE PROHIBITING THE USE OF PLASTIC CARRY-OUT BAGS ON DRY
GOODS AND REGULATING ITS USE ON WET GOODS AND PROHIBITING THE USE OF SOFTDRINK
STRAW AND STYROFOAM IN THE MUNICIPALITY OF KABACAN AND PRESCRIBING PENALTIES
THEREOF,” consisting of 4 pages including this page are being issued in compliance with Section 9 of the
Ordinance.

GEORGE B. TAN
Municipal Mayor

Date Signed:_________