THE NATURAL RESOURCES CONSERVATION AUTHORITY ACT

THE NATURAL RESOURCES CONSERVATION AUTHORITY (PLASTIC PACKAGING MATERIALS PROHIBITION) ORDER, 2018

 

In exercise of the powers conferred upon the Minister by section 32(1)(b) of the Natural Resources Conservation Authority Act, and of every other power hereunto enabling, the following Order is hereby made:—

1. This Order may be cited as the Natural Resources Conservation Authority (Plastic Packaging Materials Prohibition) Order, 2018.

2.—(1) In this Order—

“approved person” means a person designated by the Minister under paragraph 5 to manufacture or use single use plastics;

“persons with disabilities” or where the context requires “person with a disability” includes any person who has a long-term physical, mental, intellectual or

sensory impairment which may hinder that person’s full and effective participation in society, on an equal basis with other persons;

“single use plastic” means—

(a)  single use plastic bags;

(b)  packaging made wholly or in part of expanded polystyrene foam; or

(c)  drinking straws, made wholly or in part of polyethylene or polypropylene, manufactured for single use;

“single use plastic bag” means any bag—

(a)  made wholly or in part of polyethylene or polypropylene; and

(b)  of the applicable dimentions.

    (2) For the purposes of sub-paragraph (1), with reference to single use plastics bags, the applicable dimensions are—

(a)  before the 1st day of January, 2021, dimensions not exceeding 610 mm x 610 mm (24" x 24") and 0.03 mm (1.2 mils) in thickness;

(b)  on or after the 1st day of January, 2021, dimensions not exceeding 610 mm x 610 mm (24" x 24") and 0.06 mm (2.5 mils) in thickness.

    (3) For the purposes of this Order, a quantity shall be taken to be commercial if the quantity is such that it is reasonable to conclude that it is directed toward sale by wholesale or retail for the purpose of obtaining economic benefit, whether in cash or kind.

3. With effect from the 1st day of January, 2019, and subject to paragraph 4, no person shall manufacture or use any single use plastic in commercial quantities.

4. Paragraph 3 shall not apply—

(a)  to single use plastics used to maintain public health and food safety, including packaging used by wholesalers and retailers to distribute raw meat, eggs, flour, sugar, rice or baked goods;

(b)  to single use plastics manufactured or used with the approval of the Minister under paragraph 5;

(c)  to single use plastic bags used to package personal effects, and contained in the luggage of a person travelling into or out of Jamaica;

(d)  to drinking straws manufactured for use by, or used by, persons with disabilities, in accordance with an approval granted by the Minister under paragraph 5;

(e)  until the 1st day of January, 2020, to expanded polystyrene foam in the form of, or used as containers for food or beverage; and

    (5) Where the Minister designates a person as an approved person under sub- paragraph (1), the Minister shall cause to be issued to that approved person a certificate to that person certifying approval and which shall state the terms and conditions, if any, of the approval.

    (6) Where the approval of a person is cancelled under paragraph (4), that person shall return the certificate issued under subparagraph (5).

6. For the avoidance of doubt, this Order applies to a single use plastic bag regardless of whether that bag is, or is labeled as, degradable, biodegradable, oxo-degradable, photo degradable, or compostable.

7. Apersonwhocontravenesparagraph3commitsanoffenceandisliableonsummary conviction before a Judge of a Parish Court to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding two years.

 

Dated this 24th day of December, 2018.

ANDREW HOLNESS, ON
Minister of Economic Growth and Job Creation.

 

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