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Waivers to polythene bags ban

Waiver to polythene bags ban

Implementation of the polythene bags ban proved to be a bit challenging to the government because some primary packaging needed to use the bags for health and food safety concerns. In this regard, the government staggered implementation of the ban as follows:

Category 1 : Plastic carrier bags All bags in this category are banned. These are bags commonly known as “Juala” that are used as secondary packages for items in shops, markets etc. There are NO EXEMPTIONS in this category.

Anybody intending to use the polythene bag for industrial primary packaging could apply for a waiver from NEMA.

Category 2 : Flat bags

Flat bags used for carrying items outside industrial setting e.g. groceries are banned.

However, in this category, EXEMPTION is extended for bags used for industrial primary packaging where the product is in direct contact with the plastic and is done at the source. The exemption is subject to the following

1. Implementation of Extended Producer/User Responsibility and/or effective Take Back Schemes.
2. They are legibly and permanently labelled bags to indicate the name of the industry manufacturing the product, the end-user and physical addresses for ease of monitoring, traceability and therefore ease of enforcement intervention.
3. Keeping of inventory/record with the aim of implementing the take back scheme.

Category 3: Garbage and hazardous waste liners

Hazardous waste liners are exempted so long as:-

1. They are legibly and permanently labelled bags to indicate the name of the industry manufacturing the product, the end-user and physical addresses for ease of monitoring, traceability and therefore ease of enforcement intervention.
2. They are Color-coded
3. They are incinerated together with the waste.

Garbage Liners are also exempted on condition that they are

1. They are legibly and permanently labelled bags to indicate the name of the industry manufacturing the product, the end-user and physical addresses for ease of monitoring, traceability and therefore ease of enforcement intervention.
2. Have demonstrated effective and efficient Extended Producer/User Responsibility and/or effective Take Back Schemes.
3. The liners will NOT be dumped together with the waste but will be emptied and reused or recycled by the licensed waste collector and transporter (the end user).

Hence all users of polythene bags in Kenya are licenced and reserved for only those uses where alternative packaging material does not exist. NEMA and the police are on the lookout for anyone violating the ban and over 500 people have been arrested and prosecuted.

Question

    What types of plastic bags are allowed for use in Kenya?