Importer questions legality of govenment ban on plastic bags

A FIRM licensed to import plastic shopping bags has questioned the legality of the recent ban imposed by the Government.
The firm, whose general manager asked that it be not identified for security reasons, claimed that the Conservation and Environment Protection Authority lacked the policy and legal standing to ban the importation, manufacture and use of plastic shopping bags right now.
The manager said the announcement by the Minister for Environment, Conservation and Climate Change John Pundari did not have any legal effect because there was no legislation which allowed a blanket ban on the import, manufacture and use of plastic shopping bags.
“Any legislative or policy change and amendments that the government wish to introduce or undertake must have a wider consultation and take on board the views of all key stakeholders and industry players.
“Not at one point in time have we been consulted on the blanket ban. We were caught by surprise when the announcement was made in the media by the minister.”
The only regulation the authority has is the ban on the import, manufacture and use of non-biodegradable plastic shopping bags.
The Government will hold consultations with industries next month about the ban.
Pundari said yesterday that this had to be done because of the concerns raised by companies regarding his announcement.
But he maintained that he would not deviate from his decision and the stand taken to eliminate plastic waste.
“I must make it clear to the industries, the manufacturers, importers and users of plastic bags that we as a responsible government will not deviate from imposing a complete ban on the imports, manufacture and use of all plastic shopping bags in the country in the long-term,” Pundari said.
He said the onus was on the companies to either stop manufacturing, importing and using plastic shopping bags or come up with alternatives to produce eco-friendly bags.
“If they cannot be innovative and come up with alternatives of producing environmentally-friendly carry bags, then they must be willing to pay a combined levy of K20 million annually to the Conservation and Environment Protection Authority to help clean and manage plastic wastes in the country,” he said. Pundari said he had already written to the holders of the 31 permits for imports and three for manufacturing to attend a meeting with Cepa on May 1.
“I am encouraging everyone to come and express their views and concerns regarding the ban.”
He said Cepa would not issue any new permits nor renew existing ones.