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;
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
Note: Factory license is not compulsory for importers
Factory License is mandatory for production facility as mentioned below;
Applicants can apply for a factory license with the labour department of the respective state.
Documents for securing the Factory License in India
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
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;
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)
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.
Frequently Asked Questions
plastic products that have been banned by the DPCC:
- Earbuds with plastic sticks
- Plastic sticks for balloons
- Plastic flags
- Candy sticks
- Ice cream sticks
- Polystyrene (Thermocol) for decoration
- Wrapping/ packing films around sweet boxes
- Invitation cards
- Cigarette packets
- Plastic / PVC banners less than 100 microns
Common documents required for obtaining EPR authorization include EPR Action Plan, Business registration, product list, etc.
EPR Action plan is a future plan for the collection of plastic waste. It comprises several details such as proposed collection target, proposed target for recycling, involvement of agencies, distribution channel, etc. EPR Action plan should be prepared as per the format given under PWM Rules, 2016.
As per Plastic Waste Management Rules, 2016, the term PIBOs stands for Producers, Importers, and Brand Owners.
Yes, the prevailing legislation mandates these entities to secure Fire NOC without any exception.
As per PWM Rules, 2016, both plastic manufacturers and importers are mandated to prepare an EPR action and accordingly obtain EPR authorization from SPCB. Entities with EPR authorization need to comply with the pre-determined collection target.
Most Importers have stocking facilities (generally in-house) from where they conduct further trading. CPCB mandates such entities to obtain NOC from respective SPCB since such nature of business is likely to have an harsh impact on the environment and people's health.
The filing requirement can be addressed online via the government portal.