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Ministry of Environment, Forest and Climate Change notifies the Plastic Waste Management (Amendment) Rules, 2024.

April 23, 2024

The Ministry of Environment, Forest and Climate Change notified the Plastic Waste Management (Amendment) Rules, 2024 to amend the Plastic Waste Management Rules, 2016. The rules also emphasize extended producer responsibility (EPR), making producers, manufacturers, brand owners, and importers accountable for managing plastic waste. The Amended Rules have already come into effect from the date of publication, i.e., March 14, 2024.

Key considerations of the Plastic Waste Management (Amendment) Rules, 2024:

  • Definitions:
 
Category Old Provision New Provision Insertion
Importer a person who imports plastic packaging or products with plastic packaging or carry bags or multi-layered packaging or plastic sheets or like. includes the imports of any plastic packaging/ commodity with plastic packaging/ carry bags/ plastic sheets/ plastic raw material, including in the form of resin/ pellets/ intermediate material used for manufacturing plastic packaging/ films/ preforms, for commercial use  
Manufacturer person/ unit/ agency engaged in production of plastic raw material to be used as raw material by the producer. a person engaged in production of plastic raw material/ compostable plastics/ biodegradable plastics.  
Producer  persons engaged in manufacture of plastic packaging includes persons engaged in manufacturing of intermediate material that is used for manufacturing plastic packaging and Contract manufacturing of products using plastic packaging or through other similar arrangements for a brand owner.  
Seller   any person who sells plastic raw material for producing plastic packaging is a seller.  
 
  • Selling of raw material: Earlier, only the producer who had a valid registration from the State Pollution Control Boards or Pollution Control Committee could get raw material from the manufacturer. Now, only the producers registered under these rules can get raw materials from the manufacturer in terms of Rule 4 of Amended Rules.
  • Certificate from the Central Pollution Control Board for marketing or selling of carry bags and commodities: Manufacturers of compostable plastic/ biodegradable plastic carry bags or commodities permitted under the rules, will have to obtain a certificate from the Central Pollution Control Board (‘CPCB’) before marketing or selling. The manufacturer of compostable plastic/ biodegradable plastic will have to inform the CPCB, the quantity of such commodities introduced in the market and the pre-consumer waste generated by it in terms of Rule 3 of Amended Rules.
  • “Marking or labelling”:
    • The commodity made from compostable plastic will have to bear a label “compostable only under industrial composting” and shall conform to the Indian Standard: IS/ISO 17088:2021 titled as ‘Specifications for Compostable Plastics’.
    • The commodity made from biodegradable plastic will have to bear the label —Biodegradable in [ — specify number of days —] only in the [—specify recipient environment such as soil, landfill, water etc.—]
  • Authority granted to local body for assessment of:
    • The plastic waste generated;
    • Plastic waste management infrastructure available for collection/ segregation/ processing and send a report to the State Pollution Control Board or Pollution Control Committee by 30th June of each year;
    • Measures to prevent stocking, distribution, sale and usage of prohibited single use plastic items in their jurisdiction.
    • Responsibility of Panchayat at District level: has been inserted which lays down similar responsibilities the local body has to assess.
  • Annual report:
    • Every person engaged in recycling or processing of plastic waste shall prepare and submit online an annual report in Form-IV to the local body concerned and also to the State Pollution Control Board or Pollution Control Committee concerned by the 30th April of every year.
    • Every manufacturer and importer of plastic raw material shall prepare and submit online a quarterly report in Form VII to the State Pollution Control Board or Pollution Control Committee concerned by the last day of month following the quarter and an annual report by 30th June of every year.
    • Every person engaged in the sale of plastic raw material or an intermediate material used for manufacture of plastic packaging shall prepare and submit online an annual report mentioning therein the detail of transactions to the State Pollution Control Board or Pollution Control Committee concerned by the 30th June of every year.
  • Protocols for compostable and biodegradable plastic materials: new provision has been inserted under Rule 10(6) wherein, BIS shall specify separate colour/ marking for plastic packaging and commodities made from compostable plastics/ biodegradable plastics in its interim report.
  • Revision of forms under the Amended Rules:
    • Form I- Application for registration for producers or Brand Owners has been substituted.
    • Form V- Format for Annual Report on Plastic Waste Management to be submitted by the Urban Local Body
    • Form VI- Format for Annual Report on Plastic Waste Management to be submitted by SPCB/ PCC
    • Form VII- Format for Quarterly report of Plastic Raw Material.

Source:

Ministry of Environment, Forest and Climate Change, dated, 14th March, 2024. The Notification may be viewed at:

https://moef.gov.in/wp-content/uploads/2024/03/GSR201(E)-[14032024]-Plastic-Waste Mangement-Rules-2024.pdf

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