Ban on single-use plastic items to come into effect from July 1

The ban on single-use plastic items, including wrapping or packaging films, plastic cutlery, straws, and plastic sticks for balloons and earbuds, will come into effect from July 1 even as manufacturer associations said they are not prepared to implement it immediately due to a lack of alternatives.

Manufacturing, import, stocking, distribution, and sale of the items will also be prohibited. The thickness of plastic carry bags will be increased from 75 microns to 120 microns from December 31.

Union environment minister Bhupender Yadav said the notification for the ban was issued in August last year and manufacturers were given one year to prepare. “Moreover, we have a 10-year policy on plastic waste and phase-out. They should have been prepared by now.”

The Union environment ministry notified the Plastic Waste Management (Amendment) Rules, 2021, under the Environment Protection (EP) Act on August 12, 2021. It said a violation of the ban will lead to all punitive actions prescribed under the Act.

Additional secretary (environment ministry) Naresh Pal Gangwar said punitive action can be taken for stocking, distribution, sale, manufacture, and use of these items. Gangwar said all manufacturers and stockists have been directed that they should have zero inventory by June 30.

The EP Act provides for imprisonment for up to five years with a fine which may extend to ₹1 lakh, or both. In case the violations under it continue, additional fine may extend to ₹5000 for every day. The penalty can increase further if the violations continue beyond a year. There are different penalties for companies, organisations and government departments under the EP Act.

Officials said vendors are free to choose anything non-plastic or items made of biodegradable/compostable plastics as alternatives.

Yadav said only those single-use plastic items that have low utility, high littering potential and for which alternatives are available are being phased out for now. “The MSMEs [Ministry of Micro, Small and Medium Enterprises] affected are free to diversify.”

States such as Maharashtra have their own legislation prohibiting single-use plastic products. Officials said such bans were ineffective earlier because transport of single-use plastic and trade across the borders could not be stopped and that a central ban provides much more power to states.

According to the All-India Plastics Manufacturers Association (AIPMA), 88,000 MSMEs across the country produce the single-use plastic items and employ around one million people, who will lose their livelihoods due to the ban.

AIPMA director general Deepak Ballani questioned the viability of alternatives such as biodegradable polymers, bio-plastics, etc. “They have to be produced at large scale first and the cost should be comparable. To take such a huge step...is not feasible.”

Hiten Bheda, the chairman of AIPMA’s environment committee, said the ban has thrown up many challenges for the units and switching over to alternatives to cater to their current market is one of them. “...the so-called alternatives do not necessarily provide the same functionality, not to mention availability of raw materials to produce them.”

Bheda said higher cost of alternatives is a major challenge towards acceptability. “It will be a while before adequate capacity builds up for raw materials required as well as processing capacity to cater to the quantum required. It would have been prudent to have alternatives in place before enforcing phase out as we are now faced with the dilemma of compromising food safety, health safety and consumer convenience while we search for viable alternatives.” Bheda said hopefully such alternatives are based on sound science so as not to leave a larger impact on the environment compared to what they are replacing.

Thermoformers and Allied Industries Association national secretary Bhavesh Bhojani called the ban discriminatory and partisan. Bhojani noted the manufacture, import, stocking, distribution, sale and use of plastic service and packaging material like plastic cups, glass, plates, trays have been barred. He said polythene carry bags, PET bottles and multi-layered plastics packaging has been exempted and allowed for food and non-food industry under new parameters. “These new parameters issued for plastic carry bags are that their thickness has been increased from 75 microns to 120 microns and implementable after December 31, 2022. Similarly, standards have also been provided to bottled beverage companies that all plastic bottle packaging must be over the capacity of 200 millilitres.”

Bhojani said no distinguishing standards or parameters have been provided for plastic product packaging categories such as cutlery and they have been prohibited for manufacturing, sale, distribution, stocking.

The ministry has shortlisted seven alternatives including biodegradable packaging material made from crop stubble waste.

India piloted a resolution on “Addressing Single Use Plastic Product Pollution” at the 4th UN Environment Assembly (UNEA) in 2019. India also engaged with all UN member states at 5th UNEA for consensus on a global resolution for driving action on plastic pollution. In February, Prime Minister Narendra Modi announced India’s commitment to eliminate single-use plastics at the One Ocean Summit.

An expert committee in September 2019 recommended an immediate ban on certain single-use plastic items which have low utility. The Swachh Bharat Mission Urban also provides support for management of plastic waste.

The ministry issued guidelines for single-use plastic in January 2019 for reducing/eliminating use of single-use plastics. A special task force was constituted and all states and Union Territories were directed to prepare comprehensive action plans for the phasing out of the single-use plastic after the ministry issued its notification in August last year.

The Central Pollution Control Board (CPCB) has issued directions to manufacturers against supplying raw material for manufacturing banned items. They have also issued directions to all state pollution control boards to cancel “consent to operate” to units for manufacturing of banned items.

CPCB officials said e-commerce companies have been also been directed to stop the sale of banned items. There will be a pan India campaign for enforcement of the ban between July 1 and July 31.