Compliances for Single-Use Plastic

Overview of Compliances for Single-Use Plastic

In the wake of the recent notification released by CPCB regarding the ban on various plastic products has come as a blow for various manufacturers and importers in Delhi. According to the notification, the manufacturer, importers, traders, stockers can no longer deal with the following single-used plastic items as they have been routed to the prohibited list;

• Earbuds with plastic sticks
• Plastic sticks for balloons
• Plastic flags
• Candy sticks
• Ice cream sticks
• Polystyrene (Thermocol) for decoration
• Plates
• Cups
• Glasses
• Forks
• Spoons
• Knives
• Straw
• Trays
• Wrapping/ packing films around sweet boxes
• Invitation cards
• Cigarette packets
• Plastic / PVC banners less than 100 microns
• Stirrers

If you deal with any of these products as a manufacturer or importer, you may be planning to shift your facility to another state to continue your business journey. For this purpose, you need to comply with certain legal requirements and secure permits from different departments.

Compliances for manufacturers and importers of single-used plastic

Following is the list of mandatory industry-specific licenses that must be secure by the single-used plastic manufacturers and importers in India

Factory License

Note: Factory license is not compulsory for importers

Factory License is mandatory for production facility as mentioned below;

• Facility operational via power or manual effort
• A facility having twenty or more workers (note: these numbers could vary state-wise)

Applicants can apply for a factory license with the labour department of the respective state.

Documents for securing the Factory License in India

• Form-1 (Particular of Room in The Factory)
• Id and address proof of the applicant
• Copy of the factory building plan,
• MOA, AOA, and Board resolution
• A detailed list of all directors
• Partnership deed, if any
• Expected Date of commencement of work,
• Bank account details
• Payment receipts
• Consent from all authorities
• Land deeds
• Particulars of equipment
• Particulars of hazardous and non-hazardous wastes
• Particulars on raw materials along the process in a flow chart.
• Tax receipt.

NOC from SPCB

Securing NOC from SPCB is a long and tedious procedure. Without the permit, no unit can become operational. SPCB grants pollution NOC in two phases. In the first phase, the authority grants the establishment permit that serves as a permit for setting up the facility.

The grant of such authorization comes with some buffer time in which the licensee needs to comply with SPCB's directions and install pollution control devices as prescribed.

Upon fulfilling the said requirement, the applicant has to apply for a second permit via the prescribed application. Now this very permit shall act as final approval for commencing the operation.

Documents required for applying for NOC from SPCB

• Authorized person's ID and address proof
• Entity's Pan card
• Authorization letter
• Factory License.
• Trade License.
• Registration proof
• CA Letter reflecting project's valuation
• Site Plan Layout.

Fire NOC

Fire NOC is compulsory for facilities prone to fire-related mishaps. For securing Fire NOC, one has to file an application with the respective fire department. Upon application submission, the said authority may pay a visit to the applicant facility to make some legal checks, such as the availability of fire preventive equipment,  presence of an EVAC plan in case of fire-related accidents, etc.

Common Documents required for securing the Fire NOC;

• Site Plan including property's analysis report
• Model of Building
• Aadhaar Copy
• Checklist of the architect
• Applicant's PAN Copy
• Internal and external photographs of the premises
• Information related to the building's wiring
• Analysis report relating to the fire safety compliance

EPR Authorization from SPCB and CPCB under PWM Rules

EPR, i.e. Extended Producer Responsibility, is a vital part of Plastic Waste Management Rules. According to the said Act, EPR authorization has now become a mandate for PIBOs, i.e. Producers, Importers, and Brand owners. The said authorization is usually granted to ensure effective and eco-friendly handling and disposal of single-use plastic waste.

The applicant is required to file the application for the EPR authorization with the respective SPCB along with the following Documents;

• Copy of agreement with PRO, if applicable
• Copy of Import-export certificate (for importers)

• EPR Plan (reflecting collection and processing target)
• Agreement's copy
• Copy of incorporation/business registration certificate
• List of products with details like model number and quantity
• Company or origin

Corpbiz Support

Every entity in the plastic sector needs to align itself with the Environmental and pollution norms. The contravention of such provisions can compel the authorities to take punitive actions, which may include jail terms. Plastic industries, in particular, attract both industry-specific and pollution compliances, which are indeed stringent and tedious to comply with.

Thus, if you wish to establish a new entity in another state as an importer or manufacturer, make sure to meet above requirements to the fullest. Or you can connect with Corpbiz where professionals shall take care of licensing requirements on your behalf.