Environmental Management and Coordination Act - Plastic bags, Kenya 2018.pdf

THE ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION ACT,

1999


IN EXERCISE of the powers conferred by sections 3 and 147

of the Environmental Management and Co-ordination Act, the

Cabinet Secretary for Environment and Forestry makes the

following Regulations-


THE ENVIRONMENTAL MANAGEMENT AND

CO-ORDINATION

(PLASTICS BAGS CONTROL AND MANAGEMENT)

REGULATIONS, 2018


PART 1-PRELIMINARY


Citation. 1. These Regulations may be cited as Environmental

Management and Co-ordination (Plastics Bags Control and

Management) Regulations, 2018, and shall come into operation

upon gazettement by the Cabinet Secretary.

Interpretation 2.0. In these Regulations unless the context otherwise requires:


“Authority” means the National Environment Management

Authority.

“Carrier bag” means bag constructed with handles and with or

without gussets.

“Flat bag means” bag constructed without handles and with or

without gussets

“Gussets” means- Holes or holding support of bag or the crotch

or handle bracket.

“Industrial packaging” means packaging of raw materials for the

next point of production.

“Plastic bags” means carrier bag or flat bag composed of

polythene.


“Polythene” means a synthetic industrial product with a low

density composed of numerous chemical molecules with a

chemical formula: (CH2=CH2)


Objectives


3.0. The objective of these regulations is to ensure a clean and

healthy environment through prevention of pollution


caused by plastic bags and promotion of alternative

biodegradable packaging materials.


Application 4.0 These regulations shall apply to all plastic bags used for

packaging.

Prohibition 5.1 No person shall manufacture, import, export, use or offer for

sale plastic carrier bags.


5. 2 No person shall manufacture, import, export, use or offer

for sale plastic flat bags.


Authorization to

manufacture, import,

or export plastic flat

bags.

6.1 Notwithstanding Regulation 5(2), the Authority may

authorize the manufacture, import, export or use of plastic flat

bags for industrial packaging.


6.2 An application for authorization to manufacture, import,

export or use plastic flat bags shall be made in accordance with

the first schedule.


6.3 The application referred to Regulation 6(2) shall be
accompanied by the prescribed fee stipulated under the

second schedule.


6.4 An application to manufacturer, export, import or use
plastic flat bags shall not be considered unless applicant

submits a recycling plan to the Authority.


6.5 The application fee shall be levied on every product

produced and or packaged by the Applicant.


6.6 The Authority shall deposit all fees collected under this
Section into the Restoration Fund.


6.7 The Authority shall respond to the application within 21
days.


6.8 The Authority may after being satisfied with the

application issue a license on such terms and conditions

as may be appropriate and necessary to facilitate

sustainable development and sound environmental

management


6.9 The licence issued under sub regulation 6 shall be valid
for a period of 12 months.


6.10 The Authority may require an applicant at his own

expense to submit additional information for purposes of

ensuring the assessment of the application is as accurate

and exhaustive as possible.


Review of an

Application

7.1 The Authority may, on application by any applicant, review

its decision


7.2 The Authority shall respond to the application for review

within a period of 14 days.

Appeal 8. If the applicant is aggrieved with the decision of the Authority

he may appeal to the National Environment Tribunal within

sixty days.


Criteria for Exemption 9. In determining whether to authorize the use of plastic flat

bags for industrial packaging, the Authority shall be guided by

the following criteria:

 Whether the packaging is required for product
preservation and public health concerns;

 Whether the packaging is required as a security
measure;

 Whether the packaging is required for water and dust

proofing.

 Whether the packaging is required to maintain product

integrity while on transit.

 Whether the packaging constitutes over-packaging or
not.

 Whether there is any other reasonably feasible non-
plastic alternative packaging material

 Whether the packaging is in accordance with
international rules and standards which are applicable

in Kenya.

 Any other criteria that may be determined by the
Authority.


Recycling Plan


10.0 . Each manufacturer, importer or user shall develop and

thereafter maintain a plan for supporting the collection and

recycling of plastic bags and shall submit a copy of the plan

to the Authority for posting to the Authority's website.

10.1 Manufacturers, importers or users may develop and
implement the plan individually, or jointly with other

manufacturers, importers or users.

10.2 The plan shall:

describe the recycling program to be implemented

throughout the Country, including collection

locations, events, or both;

a) include a detailed description as to how the plan will be
implemented

b) describe the performance measures that will be used to
document collection efforts for plastic flat bags .

c) include a public education plan on the reuse
and recycling of plastic bags and plastic film

product wrap; and


d) include the mailing address or email address of

the manufacturer for the submission of comments

regarding the plan.


e) Such other matters as the Authority may require


10.3 During the process of preparing a plan for supporting the

collection and recycling of plastic bags and plastic film product

wrap, the manufacturer shall seek the views of persons who

may be affected by the plan.


Recycling Program

Report

11. Each manufacturer, importer or user shall submit a report

to the Authority that includes, for the previous calendar year, a

description of the manufacturer's, importer’s or user’s

collection and recycling program, including, but not limited to,

(a) the collection locations for plastic flat bags and plastic
film product wrap,

(b) the processing locations for the collected plastic flat
bags and plastic film product wrap,

(c) the weight in Kilograms of plastic flat bags and plastic
film product wrap collected and processed for

recycling,

(d) the weight in kilograms of plastic flat bags the
manufacturer, importer or user sold for use or

distribution in Kenya,

(e) the percentage of plastic flat bags and plastic film

product wrap collected and processed for recycling

based on the weight in Kilograms of plastic flat bags and

plastic film product wrap collected and processed for

recycling and the weight in Kilograms of plastic flat bags

old for use or distribution in Kenya,

(f) the amounts of pre-consumer recycled content and post-
consumer recycled content in the plastic flat bags the

manufacturer sold for use or distribution in Kenya

(g) samples of the education materials provided to
consumers.

(h) Such other matters as the Authority may require


Due Diligence 12. A manufacturer, importer or user shall conduct and

document due diligence assessments of any person with whom

the manufacturer, importer or user contracts or arranges for

any one or more of the following:

a) a recycling collection location;
b) collection, processing or transportation of plastic bags

or plastic film product wrap; or

c) recycling of plastic flat bags and plastic film product

wrap.


Recycled content 13.0 . Manufacturers selling plastic flat bags for use or

distribution in Kenya shall label each bag to identify the

recycled content in the bag.


13. 1. Manufacturers of plastic flat bags shall strive to
manufacture the bag to include at least 30% total recycled

content.


Collection points 14.0 . For the benefit of assisting consumers who wish to find
collection locations for recycling plastic flat bags, the

Authority shall post on its website the location of all

collection sites identified to the Authority by

manufacturers, importers or users in their plans and annual

reports.

14. 1. The Authority shall post on its website the list of

manufacturers, importers or users for which the Authority

has received a recycling plan in accordance with Section

10.


14.2. The Authority shall post on its website the list of

manufacturers, importers or users for which the Authority

has received an annual report in accordance with Section

11.


List of licensees 15. The Authority shall post on its website the list of

manufacturers, importers or users that are licensed in

accordance with Section 6(8).


Labelling 16. 1. No manufacturer or importer shall sell or offer to sell

plastic flat bags in Kenya unless the name and contacts of the

manufacturer or importer are printed on the bag so that the

manufacturer's or importer’s identity is readily identifiable.


16. 2. The Authority may on the application of the manufacturer

or importer approve the use of any other identifiable mark in

place of the contact details of the manufacturer or importer of

the plastic flat bags.


Prohibition on

purchase of plastic

bags.

17. 1. No user shall purchase plastic flat bags directly from a

manufacturer or importer for use or distribution in Kenya

unless the manufacturer or importer of the bags is licensed by

the Authority in accordance with Section 6(8).


17.2. No user shall purchase plastic bags for use or distribution

in Kenya directly from a manufacturer or importer unless the

name of the manufacturer is printed on the bag so that the

manufacturer's or importer’s identity is readily identifiable

15(1).


Confidential

Information


17.3. An applicant may specify what portion of information

should be treated as confidential by the Authority during

application for authorization to use, sell, manufacture, export

or import plastic flat bags.


Records Keeping 18.1. Every manufacturer, importer, exporter and user of

plastic flat bags shall keep a record of quantities of materials

manufactured, exported, imported or used.


18.2. The record kept shall be submitted to the Authority

annually in accordance with third schedule.


18.3. Every importer of plastic flat bags shall declare at the

point of entry the quantities and purpose of plastic flat bags in

their possession.


Inspection 19. The Authority’s Environmental inspectors shall be

responsible for inspection of facilities that manufacture,

import, export, offer for sale any plastic packaging material to

ensure adherence to the provisions of these regulations

Obstruction 20.0 No person shall deny any Environmental Inspector entry

to their premises during inspection of facilities referred to in

Regulation 20

Seizure of materials 21.1. The Authority’s Environmental inspectors may seize any

plastic bags and film plastic film plastic found to contravene

any of these regulations.


Disposal of materials 22.1 The Authority shall upon making an application in court

proceed to dispose off any seized plastic bags and film plastic

film product wrap material as the court may direct.


22.2. The plastic packaging materials seized under Regulation

22.1 shall be disposed in accordance with the Environmental

Management and Coordination (Waste Management)

Regulations 2006.


Penalty & Offences 23. 1. Any person who fails to comply with the provisions of

these Regulations, commits an offence for which no other

penalty is specifically provided for is liable upon conviction to

imprisonment for such term and such fine as provided for in the

Act.


23. 2. Any person who engages in manufacturing, importation

and sale of the banned plastic carrier and flat bags commits an

offence and is liable upon conviction for a term of not less than

one (1) year and not more than four (4) years or a fine of not

less than Ksh 2 Million and not more than Ksh 4 Million or both.


23. 3. A person who is found in possession and use of banned

plastic carrier and flat bags commits an offence and is liable

upon conviction for a term of not more than one (1) year or a

fine of not less than Ksh 50,000 or both.

23. 4 All flat and carrier bags found in possession of any person

in contravention of these regulations shall be seized for

disposal using environmentally friendly standard methods.

23. 5 When an offence against these Regulations, is committed

by a body corporate, the body corporate and every director or

officer of the body corporate who had knowledge of the

commission of the offence and who did not exercise due

diligence, efficiency and economy to ensure compliance with

this Act, shall be guilty of an offence.

23. 6Where an offence is committed under these Regulations

by a partnership, every partner or officer of the partnership

who had knowledge of the commission of the offence and who

did not exercise due diligence, efficiency and economy to

ensure compliance with this Act, commits an offence.

23. 7 A person shall be personally liable for an offence against

these Regulations, whether committed by him on his own

account or as an agent or servant of another person.

23. 8 An employer or principal shall be liable for an offence

committed by an employee or agent against these Regulations,

unless the employer or principal proves that the offence was

committed against his express or standing directions.


Engagement with

stakeholders

24.The Authority in consultation with the County Governments

and other stakeholders shall within six months of

commencement of this Regulation provide guidance on

measures to manage the existing plastic waste in the

environment as well as that to be generated from the exempted

uses or applications

Engagement with lead

agencies

25. The Authority shall where necessary engage with lead

agencies to foster cooperation and ensure effective

implementation of this Regulations.


FIRST SCHEDULE

Application reference No……………..


(For official use)


THE ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION ACT (CAP 387)


(GAZETTE NOTICE NO 2334 AND 2356 OF 2017)


APPLICATION FOR AUTHORITY TO MANUFACTURE, IMPORT, EXPORT OR USE OF

PLASTIC FLAT BAGS FOR INDUSTRIAL PACKAGING


Part A: DETAILS OF THE APPLICANT


A1. Name (Individual or Firm)………………………...…………………………………


A2. Business Registration No………………………………………………………………………..…..


A3. Address:……………………………………………………………………………………….


A4. Name of contact person:…………………………………………………….……………


A5. Position of contact person…………………………………………………………………..


A6. Address of contact person…………………………………………..…...……..…………


Telephone No.……………………………………….


E-mail:…………………………………………………………….…………………………….


PART B: CATEGORY OF EXEMPTION BEING SOUGHT


Exporter


B1. Manufacturer Importer User


B2. Nature of the plastic bag for which authority is sought


a) Printed flat bags for industrial packaging.
b) Printed courier bags
c) Printed hazardous/biomedical waste plastic liners
d) Printed garbage bags
e) Other (specify) ………………………………………………………………………………..


B3. Product to be packaged in the plastic bag – as per B2(a) and B2(e) – attach list where necessary.


B4. Certification by the Kenya Bureau of Standards (KEBS) and the Kenya Revenue Authority


(Attach evidence)…………………………………………………………………………….


B5. Source of the plastic bag (for non-manufacturers) …………….….……………………………


…………………………………………………………………………………………………………


………………………………………………………………………………………………………….


B6. Quantity applied for ………………..……………………………………………………………


B7. Expected duration of use/consumption per month …………………………………………….


B8. Expected normal points of use………………………………………………………………….


B9. Extended producer/user responsibility scheme or take back mechanism to be put in place to
manage the resultant waste from the plastic bags


……………………………………….......................................................................................................


...................................................................................................................................................................


...................................................................................................................................................................


...................................................................................................................................................................


Part E: DECLARATION BY APPLICANT


I hereby certify that the particulars given above are correct and true to the best of my knowledge and belief.
I understand my clearance may be suspended, varied or cancelled if any information given above is false,
misleading, wrong or incomplete.


Name………………………………………………………………………….


Position ………………………………………………………………………


Signature……………………………………… Date ………………………


Company/ Entity name and Seal/Stamp


Part F: OFFICIAL USE


Approved / Not approved…………………………………………………………………………...……….

……..…………………………………………………………………………………………………………


Comments……………………………………………………………………………………………………


………………………………………………………………………………………………………..………

………………………………………………………………………………………………………..………

………………………………………………………………………………………………………..………


Officer……………………………………………Signature…………………………Date………...………


Important Note:


Please submit 1(one) copy of this completed Form and all the requisite documentary evidence to:


The Director-General,


National Environment Management Authority

Popo Road, off Mombasa Road


P.O. BOX 67839-00200, Nairobi, Kenya

T el: (254 020) 6005522, 6001945, Fax: (254 020) 6008997)

E-mail: dgnema@nema.go.ke Website: www.nema.go.ke


mailto:dgnema@nema.go.ke
http://www.nema.go.ke/


SECOND SCHEDULE

FEES

Item

1. One off fees for companies dealing with one

product


Ksh 5,000.00

2. Exemption fees for companies dealing with two

or more products


Ksh 5,000.00 per

application


THIRD SCHEDULE


THE ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION ACT, 1999

RECORD OF PLASTIC PACKAGING MATERIALS


Part A: DETAILS OF THE APPLICANT


A1. Name (Individual or Firm)……………………...…………………………………


A2. Business Registration No……………………………………………………..…..


A3. Address:……………………………………………………………………………...


A4. Name of contact person:…………………………………………….……………


A5. Position of contact person………………………………………………………..


A6. Address of contact person…………………………………..…...……..…………


Telephone No.……………………………………………………………………………


E-mail:……………………………………………………….…………………………….


PART B: CATEGORY OF EXEMPTION GRANTED


B1. Manufacturer/Importer/User


B2. Type of the plastic packaging material used


……………………………………………………………………………………


B3. Period of the exemption


Date issued………………………………………………………………………


Expiry date ……………………………………………………………………….


B4. Quantity of the plastic packaging material used in a given year.


…………………………………………………………………………….


B5. Destination of the plastic packaging material (Please state whether

destined for local or international use)

…………….….………………………………………………………………………………


Part E: DECLARATION BY APPLICANT


I hereby certify that the particulars given above are correct and true to the

best of my knowledge and belief.


Name………………………………………………………………………….


Position ………………………………………………………………………


Signature……………………………………… Date ………………………


Company/ Entity name and Seal/Stamp


Part F: OFFICIAL USE


Receiving officer……………………Signature…………………………Date


The Director-General,


National Environment Management Authority

Popo Road, off Mombasa Road


P.O. BOX 67839-00200, Nairobi, Kenya

T el: (254 020) 6005522, 6001945, Fax: (254 020) 6008997)

E-mail: dgnema@nema.go.ke Website: www.nema.go.ke