Environmental Law FINAL

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AN ORDINANCE REGULATING THE USE AND DISPOSAL OF PLASTIC BAGS,

PLASTIC BOTTLES, STYROFOAM AND STYROPOR MATERIALS IN COMMERCIAL

ESTABLISHMENTS, STALLS AND WET MARKETS AND IN HOUSEHOLDS

WITHIN

THE TERRITORIAL JURISDICTION OF THE PROVINCE OF DAVAO DEL NORTE

(DDN), PROMOTING THE USE OF ALTERNATIVE AND ECO-FRIENDLY

SHOPPING BAGS OR PACKAGING MATERIALS, PROVIDING FOR PENALTIES

THEREOF, AND FOR OTHER PURPOSES

(Propose Ordinance No. year 2012)

Author:

Co-author:

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Submitted to:Atty. Angelisa L. Razo Sator

Submitted by Group 4 members:1. Kristine Chrisolyte Arenas2. Caroline Cahucom Caneda3. Angel Yamas4. Manuel Yambao

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WHEREAS, Article II, Section 16 of the 1987 Philippine Constitutionprovides,

that, the state shall advance the right of the people to a balanced and healthful

ecology in accord with the rhythm and harmony of nature;

WHEREAS, Section 3 (i) ofR. A. 7160provides that, the Local Government Units

shall share with the national government the responsibility in the management

and maintenance of ecological balance within their territorial jurisdiction;

WHEREAS, Section 16 ofR. A. 7160provides that, xxx...local government units

shall ensure and support, among other things, the preservation and enrichment

of culture, promote health and safety, enhance the right of the people to a

balanced ecology...xxx;

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WHEREAS, Section 468 (vi) ofR. A. 7160empowers the Sangguniang Panlalawigan to

protect the environment and impose appropriate penalties for acts which endanger

the environment to include activities which result in pollution, acceleration of

eutrophication of rivers and lakes or of ecological imbalance";

WHEREAS, plastic bags, plastic bottles, styrofoam, styropor and other plastic-made

containers are extensively used as primary bagging or packaging receptacles in

commercial establishments and in households within the territorial jurisdiction of

the Province of Davao del Norte;

WHEREAS, when non-biodegradable materials such as plastic bags, plastic bottles,

styrofoam, styropor and other plastic-made containers are disposed of

indiscriminately, it can cause deadly pollution with ill-effects that are irreversible

and capable of reaching out to numerous generations to come;

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WHEREAS, notwithstanding the existence ofRepublic Act No. 9003, otherwise

known as the Ecological Solid Waste Management Act of 2000, plastic garbage

or refuse continue to litter and poses danger to the environment, mankind andanimals;

WHEREAS, in order to curtail the proliferation of plastic garbage or refuse and

to avert harm to the environment, there is a need to reduce if not totally stop

the use of plastic bags, plastic bottles, styrofoam, styropor and other plastic-

made containers as bagging or packaging receptacles in commercial

establishments and in households within the territorial jurisdiction of Davao

del Norte and forthwith promote the use of alternative and eco-friendly

bagging or packaging materials;

NOW THEREFORE, BE IT ORDAINED, AS IT IS HEREBY ORDAINED, by the

Sangguniang Panlalawigan of Davao del Norte in session assembled, that:

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I. GENERAL PROVISIONS

Section 1.TITLE.This ordinance shall be known and cited as The Anti-Plastic

Ordinance of 2011 of the Province of Davao del Norte.

Section 2.AUTHORITY.This ordinance is enacted pursuant to Article II, Section

16 of the 1987 Constitution, Sections 3 (i), 16 and 468 (vi) ofR. A. 7160 and

other allied laws.

Section 3. OBJECTIVES AND PURPOSES. This ordinance is enacted for the

following objectives and purposes:

To effectively regulate the use and disposal of plastic bags, plastic bottles,Styrofoam and styropor and other plastic receptacles in commercial

establishments, stalls and wet markets and in households in municipalities

within the territorial jurisdiction of the province of Davao del Norte, to prevent

or minimize the following:

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a.1. dumping ofplastic wastes into the rivers, creeks, streams, other

waterways and seas that pollute and contaminate the water, soil, marine life and

also the very air we breathe;

a.2. death of land and marine animals that mistakenly ingest plastics or

become entangled in plastic bags;

a.3. contamination of the food chain when polyethylene, the main plastic

component, breaks down and seeps into the soil. Apart from toxic seepage from

the landfill, resulting in the contamination of precious water sources, the waste

mass impedes the flow of ground water as well and obstructs the movement of

roots thereby badly affecting the soils biological balance and organic processes;

a.4. burning of plastic that results toxic fumes and releases a host of

poisonous chemicals into the air, including dioxin, the most toxic substance

known to science;

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a.5. the emission of noxious substances during the production and recycling

of plastic which are synthetic chemicals like ethylene oxide, benzene and xylenes

that can hit hard the eco-system, which is already fragile, and can cause an array

of maladies ranging from birth defects to cancer, damage the nervous system

and the immune system and also adversely affect the blood and the kidneys.

b. To reduce the proliferation of plastic bags and other receptacles made of

plastic littering the environment;

c. To promote the use of alternative and eco-friendly packing or bagging

receptacles; and

d. To supplement all existing reasonable and practicable measures undertaken

for the protection of the environment.

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Section 4. DEFINITION OF TERMS.As used in this Ordinance, the following

words and phrases shall be defined as follows:

1. Benzene- a colorless volatile toxic liquid with a distinctive odor. Use:manufacture of dyes, polymers, and industrial chemicals.

2. Biodegradable materials/wastes- substances that will decay relatively

quickly as a result of the action of bacteria and break down into elements

such as carbon that are recycled naturally.

3.Cellophane - is a thin, transparent sheet made of regenerated cellulose. Its

low permeability to air, oils, greases, and bacteria makes it useful for food

packaging.

4. Cloth bag (a.k.a Katsa) - a reusable bagging material made of cloth used

in the packaging of flour, wheat and such other similar goods.

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5. Dioxin- a heterocyclic hydrocarbon that is a carcinogen and toxic

environmental pollutant.

6. Eco-friendly recyclable, environmental, ecological

7. Ethylene Oxide - a soluble colorless gas. Use: synthesis of ethylene glycol and

other chemicals, fumigant, sterilant.

8. LGU (Local Government Unit) as used in this ordinance shall mean all the

chartered Cities and Municipalities within the territorial jurisdiction of the

Province of Davao del norte.

9. Non-biodegradable materials/wastes - waste that cannot be broken down by

other living organisms.

10. Polyethylene - a plastic polymer of ethylene. Use: manufacture of containers,

packaging, and electrical insulation.

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11. Plastic - any of a wide range of synthetic or semi-synthetic organic solids used in the

manufacture of industrial products. Plastics are typically polymers of high molecular

mass, and may contain other substances to improve performance and/or reduce costs.

Monomers of plastic are either natural or synthetic organic compounds.

12. Plastic bags commonly known as sando bags, pouch, plastic shopping bags and

plastic film bags that are flexible packaging materials made of thin, plastic film used for

containing and transporting food and other products (commercial or industrial).

13. Plastic garbage/waste/refuse refers to any plastic bagging or packaging material

disposed of as wastes.

14. Styrofoam a trademark for a light plastic material used to make disposable items,

insulation, and packing materials usually as food containers, disposable cups, plates, etc.

15. Styropor a synthetic material made of crude oil that can be used as insulation

material (houses, helms), but also as packaging material. It is not biodegradable and has

to be recycled.

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II. REGULATORY PROVISIONS

Section 5. DUTY OF PERSONS ENGAGED IN BUSINESS.

All persons, whether natural or juridical, engaged in business, operating

commercial establishments, stalls, or in wet markets within the territorial

jurisdiction of the Province of Davao del Norte are hereby mandated to

minimize the use of plastic bags/cellophane, styrofoam or styropor for

wrapping, covering, packaging or bagging of goods boughtfrom any

branch of their commercial establishment and encouraged to use alternative

and eco-friendly packing or bagging materials for the purpose of curtailing theproliferation of plastic garbage or refuse that litter the environment and bring

about harmful effects to the environment, the human beings and animals.

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Section 6. EXCEPTIONS TO THE REDUCTION AND PROHIBITION ON

THE USE OF PLASTIC PACKING OR BAGGING RECEPTACLES.

First Exception - Only products like ice, ice candy, ice water, sugar, salt, coffee,

powdered milk, cooking oil, soy sauce, vinegar, ketchup, butter and such other

perishable products may be packed with plastic bag/wrapper, cellophane or

bottle for the preservation thereof.

Considering that rice, corn, and mongo are perishable products and the plastic

sacks used for its packaging or bagging is the most effective material for the

preservation thereof, the use of the same packing or bagging receptacle may be

allowed, however, in order to control the indiscriminate

proliferation of such material as plastic waste or refuse, the same should be

recycled by a manner favorable to the rice millers, corn and mongo

producers/dealers and the consumers.

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The rice millers and the corn and mongo producers/dealers may buy-back at a

reasonable price used plastic sacks from the consumers or may grant reasonable

discount to consumers who will bring their own plastic sacks upon buying rice,

corn or mongo on a per sack or by bulk purchases. Only plastic sacks fit for reuseshall be bought back by the rice millers and the corn and mongo

producers/dealers. The buy-back price of the plastic sacks as determined by the

Department of Trade and Industry shall be considered reasonable for the purpose

of this provision.

Second Exception - Only cooked food with sauce or soup bought from restaurants,

food chains, and eateries may be packed with regular size cellophane or

Styrofoam or styropor for proper handling thereof when taken out of the

establishment. All other food and drink products for dine-in orders shall be

served only in regular plates, bowls and drinking glasses or other appropriate

reusable containers. Styrofoam or styropor containers, disposable plastic

cups/bottles, disposable plastic spoons and forks and other non-biodegradable

containers shall not be used for dining customers.

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Third Exception - In the event that paper bags, paper pouch, or cloth bags will

run out of stock, plastic bags may be used for packing or bagging items bought

from department stores, grocery stores, boutiques and sari-sari stores provided

that it shall be limited to only one (1) plastic bag per customer per one-time

shopping; provided that in order to prevent the proliferation of plastic shopping

bags, commercial establishments may buy-back at a special cheap price, such

plastic shopping bags that originated from their stores for reuse by other

customers. Business owners and the DTI will decide on the buy-back price of

plastic bags.

For the purpose of the effective implementation of this provision, plastic

shopping bags shall not be sealed with the use of plastic bag sealer or staple

wire that would render the receptacle unfit for reuse.

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Section 7. DUTY OF OWNERS OF DEPARTMENT STORES,

GROCERY STORES AND BOUTIQUES.Owners of department stores,

grocery stores, and boutiques shall use sturdy yet less costly reusablepaper bags or cloth bags (katsa) and provide the same for free to their

customers who shall purchase five (5) items or more in one-time

shopping.

Only paper pouch shall be provided for free to customers who will

purchase less than five (5) items in one-time shopping. In the event

that the customer shall purchase in bulk, canned or bottled goods

and other goods or grocery items, the same shall be

packed only in durable box or boxes of adequate size and no

items inside the box shall be wrapped or packed with plastic bag or

cellophane except

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for items or products stipulated in Section 6 of this Ordinance. All other products

that need to be packed separately from the goods but inside the box such as

toiletries, meat, fish, fruits and vegetables shall only be wrapped with wax paper

bags or sturdy paper pouch.

Section 8. ALTERNATIVE AND ECO-FRIENDLY PACKING

OR BAGGING MATERIALS.

The following alternative and eco-friendly packing or bagging materials

are recommended for use by the business owners or vendors and

consumers, to wit: bayong (woven native bags), native baskets, cloth bags

(katsa), paper bags or pouches, non-plastic sacks, sturdy reusable

shopping bags and biodegradable bags or containers made of buri,

banana leaves and other durable native materials.

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Section 9. DUTY OF LOCAL GOVERNMENT UNITS, DTI, AND

LOCAL BUSINESS SECTORS.

All Local Government Units, in coordination with the Department of

Trade and Industry and local business sector from the different municipalities

within the territorial jurisdiction of the Province of Davao del Norte, shall

endeavor to determine appropriate alternative and eco-friendly packing or

bagging receptacles that will be used within their localities and subsequentlytag the same for proper monitoring and regulation.

Only the alternative and eco-friendly packing or bagging materials properly

tagged by the local government units concerned shall be allowed in all

commercial establishments and public markets. A law enforcement team shall

be created by the Municipalities and chartered cities in Davao del Norte with

representation from the business Sector that will be responsible for the

effective implementation of this provision.

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Section 10. COORDINATION AND COLLABORATION OF LGUS, DTI,

DENR, DOST AND OWNERS OF COMMERCIAL ESTABLISHMENTS, STALL

OWNERS AND VENDORS.

Owners of commercial establishments, stall owners, and the market, sidewalk and

ambulant vendors, as well as the public, shall coordinate with the local government

units having jurisdiction over their localities to be apprised on what alternative and

eco-friendly packing or bagging materials or containers may be used during

shopping and marketing.

For this purpose, the LGUs shall collaborate with the Department of Environment

and Natural Resources (DENR), Department of Trade and Industry (DTI) and the

Department of Science and Technology (DOST) for technical assistance and

adequate information dissemination. It shall be the duty of all LGUs concerned to

effectively implement this activity.

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Section 11. BRING OWN BAG (BOB) POLICY IN BUYING GOODS

FROM THE MARKET.Unless otherwise provided in Section 6 hereof, market vendors, sidewalk vendors,

and ambulant vendors in wet markets and in other designated business areas in

different localities such as those selling meat and poultry products, fresh and

dried fish and other marine products, vegetables, fruits and spices, native

delicacies and such other products or goods of the same classification, shall not

use cellophane or plastic bags (sando bags) for packing or packaging their

products being bought by consumers.

Only paper bags or pouch, or other biodegradable materials such as banana leaves

shall be used for the purpose, provided however that consumers shall bring their

own native baskets or bayong (woven native bags) or other alternative and eco-

friendly bagging or packing materials when buying goods from the market.

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Section 12. USE OF APPROPRIATE REUSABLE PACKING OR

BAGGING RECEPTACLES.Consumers are encouraged to use or carry only

containers and reusable packing or bagging receptacles that are

identified, tagged and prescribed by the law enforcement team created

under Section 9 of this Ordinance.

Section 13. LOCAL PRODUCTION OF ALTERNATIVE AND ECO-

FRIENDLY PACKING OR BAGGING RECEPTACLES. Local entrepreneurs are

encouraged to locally produce alternative and eco-friendly packing or

bagging materials that will sustain the supply and demand of end users.

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Section 14. COORDINATION OF LGUS, DTI AND LOCALPRODUCERS FOR THE APPROPRIATE SELLING PRICE OF ECO-FRIENDLY

BAGGING RECEPTACLES.Manufacturers or producers of eco-friendly

packing or bagging materials and the LGUs concerned shall

coordinate with the provincial office of the Department of Trade and

Industry for the determination of the appropriate price/s of their

finished products to preclude anyone from selling or retailing the

same in exorbitant price. The recommended reasonable price/cost

shall be the market price of locally produced alternative and eco-

friendly packing or bagging materials/receptacles.

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Section 15. ESTABLISHMENT OF LOCAL PRODUCTION CENTERS

FOR ALTERNATIVE AND ECO-FRIENDLY PACKING OR BAGGINGRECEPTACLES BY THE LGUS. The local government units may opt to

establish centers for the local production of alternative and eco-friendly

packing or bagging materials to meet the supply and demand of end users and

to create local employment for their constituents. It will be the sole discretion

of the LGUs on how such production centers will be established and to

formulate the guidelines for its operation and compensation of workers. The

establishment of such public production centers shall not be a hindrance to the

opening of privately-owned production centers as long as the latter operates

with legal personality. Healthy competition for the production of alternative

and eco-friendly packing or bagging materials shall be promoted.

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Section 16. PROPER DISPOSAL OF PLASTIC GARBAGE OR REFUSE.

The proper disposal of plastic garbage or refuse shall be in accordance

with the provisions ofR. A. 9003, (Ecological Solid Waste Management

Act of 2000).

Section 17. DUTY OF THE LGUS TO CONDUCT INFORMATION

DISSEMINATION OF THE ORDINANCE AND THE PROMOTION OF

ALTERNATIVE AND ECO-FRIENDLY PACKING OR BAGGING RECEPTACLES.

Upon approval of this ordinance, all LGUs within the territorial

jurisdiction of the Province of Davao del Norte shall conduct massive

information dissemination and campaigns within their localities to

properly apprise their constituents about this ordinance and shall

include as well, the promotion of alternative and eco-friendly

packaging, packing or bagging receptacles/materials.

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Section 18. LIVELIHOOD PROGRAMS FOR THE MANUFACTURE OF

PRODUCTS MADE OF RECYCLED PLASTIC REFUSE.

Programs may be formulated by the respective local government units

whereby livelihood projects will be implemented for the manufacture of

products made of recycled plastic garbage or refuse (fashion jewelry,

household items, pillow cases, bags, construction materials, etc.). It shall

be the sole initiative of the LGUs on how to effectively implement this

provision.

The livelihood projects may be implemented in collaboration with the

provincial government with the participation of the Sangguniang

Kabataan, private organizations and socio-civic groups recognized by

the LGUs concerned.

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The out-of-school youths and their parents without permanent

income, the handicapped, members of indigent families, and the

orphaned, abandoned, neglected and street children as

determined by the Municipal Social Welfare and Development

Office (MSWDO) shall be the priority beneficiaries of the project.

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PROHIBITED &

PUNISHABLE ACTS

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III. PROHIBITED AND PUNISHABLE ACTS

Section 19. PROHIBITED AND PUNISHABLE ACTS.

Prohibited and punishable acts under this ordinance shall include, but not limited

to, the following:

A. Burning of any plastic waste or materials whether in private or public areas that

results in toxic fumes and releases a host of poisonous chemicals into the air,

including dioxin;

B. Dumping of plastic wastes into the rivers, creeks, streams, other waterways and

seas that pollute and contaminate the water, soil, marine life and also the very air

we breathe;

C. Littering of plastic garbage whether in private-owned lots or in public places

and thoroughfares within the territorial jurisdiction of the province of Davao del

norte;

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D. Littering of plastic garbage inside or outside public utility vehicles and buses

whether stationary or traveling within the territorial jurisdiction of the province;

E. Littering of plastic garbage inside or outside a vessel or small sea craft whether

stationary or navigating within the fluvial domain of the Province of Davao del

Norte;

F. Using plastic bags and other plastic materials, styrofoam and styropor as primary

packing or bagging materials in commercial establishments such as malls, grocery

stores, department stores, restaurants, boutiques, sari-sari stores, stalls and in wet

markets operating within the territorial jurisdiction of the province of Davao del

Norte;

G. Using alternative and eco-friendly packing or bagging materials not prescribed

by the local government units concerned;

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H. Selling at exorbitant price locally produced alternative and eco-friendly

packing or bagging materials to the prejudice of consumers/public and the

business sector as well;

I. Selling at exorbitant price, used plastic bags to stores of origin;

J. Sealing of plastic shopping bags with plastic bag sealer or staple wire that

would render the receptacle unfit for reuse;

K. Any person who willfully induces or encourages anyone to commit any act in

violation of any of the provisions of this ordinance shall also suffer the same

penalty as if the act has been done by him;

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IV. PENALTIES

Section 20. PENALTIES. Acts violating the provisions of this

Ordinance shall be penalized in the following manner, to wit:

Any person violating any of the provisions of this ordinance shall be

meted out with a fine of Php500.00 pesos or community service

equivalent to four (4) hours for the first offense, a fine of Php1,000.00

pesos or community service for a period of six (6) hours for the second

offense, and a fine of Php1,500.00, community service of eight (8) hours

and/or imprisonment not exceeding two (2) months at the discretion of

the court, for the third offense

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For violators engaged in business, there shall be added in the penalty a

suspension of business permit for a period of one (1) month for the second

offense and revocation of business permit for the third offense. If the violation is

committed in the name of a corporation, the responsible officers shall suffer the

penalty of imprisonment.

Minor offenders (persons below 18 years old) shall be subjected only to

mandatory guidance counseling with the MSWDO or CSWDO for cities or any of

his/her designated personnel in the presence of either or both of the parents ofthe minor.

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Any public officer or employee who shall violate the provisions of this

Ordinance shall be punished by a fine of Php1,500.00 and shall be subject to

administrative disciplinary action, without prejudice to the filing of the

appropriate civil or criminal action.

The LGUs will be responsible for the apprehension of anyone violating the

provisions of this ordinance and to collect the fine which shall accrue

exclusively to the account of the LGU and shall form part of the operating fund

of the Law Enforcement Team created under Section 9 of this ordinance. It shall

be the sole discretion of the LGU on how such fund will be expended taking

into full consideration the effective implementation of this ordinance.

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V. FINAL PROVISIONS

Section 21. SEPARABILITY CLAUSE. If any part or provision of this

Ordinance shall be declared unconstitutional or unlawful by the court,

or suspended or revoked by competent authorities, all other provisions

not otherwise affected thereby shall remain valid and effective.

Section 22. REPEALING CLAUSE. Any ordinances, executive orders,

proclamations and administrative regulations, or parts thereof, which

are contrary or inconsistent with any of the provisions of this

Ordinance, are hereby repealed, amended or modified accordingly.

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Section 23. AFFECTIVITY CLAUSE.

In order to provide adequate time for owners of malls, grocery stores,

department stores, restaurants, boutiques, sari-sari stores, stalls and owners ofother commercial establishments, market vendors, sidewalk vendors, and

ambulant vendors in wet and dry markets and all concerned to prepare for the

changes brought about by the provisions herein stipulated, this Ordinance shall

take effect immediately one (1) year after the posting and publication

requirements prescribed under Republic Act No. 7160 has been complied with.

Immediately after three (3) years from the affectivity of this Ordinance, the

selling and usage of plastic bags, styrofoam and styropor receptacles for

containing food and other products (commercial or industrial) shall be

prohibited in all business or commercial establishments including but not

limited to market vendors, sidewalk vendors and ambulant vendors within the

territorial jurisdiction of the Province of Davao del Norte.