Industry Update

Plastic Waste Management (Amendment) Rules, 2023

The Ministry of Environment, Forest and Climate Change of India has published a notification in the Gazette of India announcing the Plastic Waste Management (Amendment) Rules, 2023. The Rules came into force on the day of publication in the Gazette and are an amendment to the Plastic Waste Management Rules, 2016 previously amended by the Plastic Waste Management (Second Amendment) Rules, 2022.

In rule 10, which states “Protocols for compostable plastic material” in the sub- rule (5), in the provision, for the figures “2023” occurring at both places, the figures “2024” shall respectively be substituted.

In Rule 11 which states “Marking or Labeling” in sub-rule (1), in clause (a), after sub-clause (iii)  the following clause shall be inserted, namely:-   “ for rigid plastic packaging “

In Rule 13,-

  • in sub-rule (2), the words “or for renewal of registration” shall be omitted;
  • for sub-rule (9), the following sub-rule shall be substituted, namely :-
    • “9(a) The registration granted under this rule shall be changed only on the request of Producers, Importers & Brand owners, under the existing Extended Producer Responsibility registration ,
    • (b) The registration granted under this rule shall be valid for a period of one year, unless revoked, suspended or cancelled and shall subsequently be granted for three years.”

In Schedule II, Paragraph in paragraph 6 for clause (6.6), the following clause shall be substituted, namely :-

While registering, the entities shall have to provide PAN Number, GST Number, CIN Number in case of company, and the entities may provide Aadhar Number, and shall provide PAN Number of authorized person or representative and any other necessary information as required

The last date for the filing of annual returns is 31st October 2023 (for producers, importers and brand owners of plastic packaging) and 31st July 2023 (for plastic waste processors, recyclers and other waste processors including industrial composting facilities) for the financial year 2022-2023

Single use Plastic Ban in India

Notification on Ban on the use of Single use Plastics by the Union Environment Ministry

A ban on the use of single-use plastics that was notified by the Union Environment Ministry on August 2021 came into effect on July 1 this year

According to the Plastic Waste Management Amendment Rules, 2021 notified by the Central Government, the manufacture, import, stocking, distribution, sale and use of following single-use plastics including polystyrene and expanded polystyrene will be prohibited with effect from July 1, 2022.

> Ear buds with plastic sticks, plastic sticks for balloons, plastic flags, candy sticks, ice-cream sticks, polystyrene (thermocol) for decoration;

> Plates, cups, glasses, cutlery such as forks, spoons, knives, straw, trays, wrapping or packing films around sweet boxes, invitation cards, and cigarette packets, plastic or PVC banners less than 100 microns and stirrers

Penalties under Plastic & Thermocol Notification

As per the Act, failure to comply with the provisions is punishable with imprisonment which may extend to five years with a fine which may extend to Rs 1 lakh or with both.

In case the violations are repeated, an additional fine which may extend to five thousand rupees for every day during which such violation continuous may be imposed. Link for an illustrated guide book published by Maharashtra Pollution Control Board is given below: