Important Message From NEMA

National Environment Management Authority NEMA under the wise leadership of Managing Director Mamo Boru Mamo is pleased to give this notice:

NOTICE TO MANUFACTURERS, IMPORTERS AND USERS OF PLASTIC FLAT AND CARRIER BAGS

The National Environment Management Authority (NEMA), is established under the Environmental Management and Co-ordination Act (EMCA) No. 8 of 1999 to exercise general supervision and coordination over all matters relating to the environment and to be the principal instrument of the Government of Kenya in the implementation of all policies relating to the environment.

The Government of Kenya (through then Cabinet Secretary Ministry of Environment and Natural Resources) in 2017 vide Gazette notice Nos. 2334 & 2356 banned the manufacture, importation and use of plastic carrier bags and flat bags used for commercial and household packaging.

To achieve this, the manufacture, importation and use of carrier bags and flat bags for commercial and household packaging was to transition to non-plastic packaging options. Only essential primary industrial plastic packaging was to continue with the approval of NEMA (through a clearance system).

The Authority has however noted with concern the following violations/ deviations from the letter and spirit of the ban on plastic carrier bags and flat bags:

1) There is covert manufacture, importation, sale and use of the clear, flimsy plastic flat bags (mainly used by small scale traders).
2) There is importation, manufacture and sale of garbage bags (bin liners), seedling planting bags and zip- lock bags (among others) at the retail outlets contrary to the laid down rules.

3)Goods that were traditionally being packaged in paper balers (such as flour, matchboxes, books, printing paper, cigarettes etc.) are now largely being baled in plastic bags.
4)A variety of plastic balers (PE, HDPE, PP sacks and even non-woven) have now been introduced and being used under the guise that they were not within the scope of the plastic ban.
5)The wide-spread use of non-recyclable laminates (which could otherwise be done in paper packaging) is already proving to be a recycling challenge.
6)The transition to biodegradable (compostable) seedling planting bags is long overdue.

From the foregoing therefore and in the quest to end plastic pollution; the Authority hereby reiterates that:

a)The manufacture, importation, sale and use of the clear, flimsy plastic flat bags and all carrier bags is strictly banned. The Authority strongly recommends a shift to the 100% biodegradable (compostable) alternatives.

b)The importation, manufacture and sale of garbage bags (bin liners), seedling planting bags and zip-lock bags (among others) at retail outlets is prohibited.

c) The use of plastic balers made from any form of plastic polymer is prohibited. All users must therefore apply afresh for NEMA’s approval. Manufacturers and Importers of plastic balers shall be required to supply such balers only to users with valid NEMA approvals.

d) Only 100% biodegradable (compostable) plastics shall be allowed for seedling planting. The same shall be duly approved and certified by the Kenya Bureau of Standards (as being compliant with local and applicable international standards).

e) The users, manufacturers and importers of non-recyclable plastic laminates are expected to submit a comprehensive strategy on the management of laminates, alternatives and phase out.