Restrictions on the Use of Plastic Trays and Packaging Boxes

Subject:

Restrictions on the Use of Plastic Trays and Packaging Boxes

Basis:

Article 13 of the Resource Recycling and Reuse Act

Announced items:

1. Designated public or private premises:

   1. Hypermarkets refer to wholesalers or retailers of general merchandise that combine warehousing and selling in one complex.

   2. Supermarkets refer to enterprises including those within department stores or shopping centers and those run as consumer cooperatives or producer cooperatives that provide retail sales of daily necessities and food products and have fresh, processed, and prepared food sections.

2. Designated Containers refer to the following types of containers when made from plastic materials such as polyethylene terephthalate (PET), polystyrene (PS), polyvinyl chloride (PVC), polyethylene (PE), or polypropylene (PP). Containers mainly made of paper or plant fibers but containing PE laminate paper or any of the foregoing plastic materials are also included.

   1. Trays and packaging boxes used to hold egg products such as chicken eggs, duck eggs, quail eggs, and preserved eggs.

   2. Trays and packaging boxes used to contain fresh foods such as fruits and vegetables, meat products, and seafoods, or dried foods, sushi, fresh salad, or cold noodles. However, containers used to hold microwave foods, or foods that must be heated directly or by microwave before consumption, shall not be subject to this restriction.

   3. Trays and packaging boxes used in the bakery area of a retail store to hold cakes, cookies, steamed cakes, rice flour desserts, pies, pastries, breads, egg tarts, cream puffs, and other products of a similar nature. Containers used for packaging pastry products that must be kept cold (such as ice cream cakes, etc.) shall not be subject to this restriction, however.

   4. Disposable containers such as cups, bowls, plates, and small dishes used to hold restaurant foods. However, the foregoing disposable containers used at factories to hold foods before they leave the factory, and containers used to hold restaurant foods that must be heated directly or by microwave before consumption, shall not be subject to this restriction.

3. Use reduction methods:

   1. Designated public or private premises shall reduce use of the designated containers, where the reduction rate shall be calculated on the basis of Paragraph 4; one of the following goals shall be met in 2010:

      1. A reduction rate of 25% during the first half of the year (from January 1 to June 30); a reduction rate of 30% during the second half of the year (from July 1 to December 31).

      2. A reduction rate of 27.5% for the whole year (from January 1 to December 31).

      The annual reduction rate is 35% during 2011.

   2. Designated public or private premises may use the methods listed below to reduce use of designated containers:

      1. Use of trays, packaging boxes, or disposable containers such as cups, bowls, plates, and small dishes that are not designated containers (herein referred to as alternative containers).

      2. Reduction of the weight of designated containers.

      3. Cease use of plastic trays and packaging boxes for packaging.

4. The formula for calculating the reduction rate is as follows:

   1. Ratio of alternative container use (A):

      $A=\frac{\mathrm{number\; of\; alternative\; container\; used\; during\; year}}{\mathrm{total\; number\; of\; designated\; containers\; and\; alternative\; containers\; used\; during\; year}}\times 100\%$^{[Formula description]}

   2. Designated container weight reduction ratio (B):

      $B=\frac{\sum \mathrm{number\; of\; designated\; container\; with\; ith\; specification\; during\; year}(\mathrm{weight\; of\; individual\; designated\; container\; with\; ith\; specification\; during\; base\; year}-\mathrm{weight\; of\; individual\; designated\; container\; with\; ith\; specification\; during\; year})}{\sum \mathrm{number\; of\; designated\; containers\; with\; ith\; specification\; used\; during\; year}\mathrm{weight\; of\; individual\; designated\; container\; with\; ith\; specification\; during\; base\; year}}\times 100\%$^{[Formula description]}

   3. Ratio of cessation of use of plastic trays and packaging boxes for packaging (C):

      $C=\frac{\mathrm{reduction\; in\; the\; number\; of\; containers\; used\; due\; to\; cessation\; of\; use\; of\; plastic\; trays\; and\; packaging\; boxes\; for\; packaging\; during\; the\; year\; when\; designated\; containers\; or\; alternative\; containers\; are\; used\; during\; the\; base\; year}}{\mathrm{total\; number\; of\; designated\; containers\; and\; alternative\; containers\; used\; during\; year}+\mathrm{reduction\; in\; the\; number\; of\; containers\; used\; due\; to\; cessation\; of\; use\; of\; plastic\; trays\; and\; packaging\; boxes\; for\; packaging\; during\; the\; year\; when\; designated\; containers\; or\; alternative\; containers\; are\; used\; during\; the\; base\; year}}\times 100\%$^{[Formula description]}

   The base year in the foregoing paragraph is 2006. The base year shall be the year of establishment for those designated public or private premises establishment after the implementation of this announcement.

5. Apart from reducing designated containers use in accordance with item 3, designated public or private premises shall also comply with the following items:

   1. Designated public or private premises shall determine reduction plans in the designated format, and shall submit reduction plans for the first half of 2010, second half of 2010, and 2011 by February 28, 2010, August 31, 2010, and November 30, 2010 respectively to the special municipality, county or city competent authority. However, when designated public or private premises operate as chains, the main company may compile the reduction plans of its subordinate designated public or private premises, and shall submit the reduction plans together by the foregoing deadline to the central competent authority for transfer to the special municipality, county or city competent authority.

   2. A newly established designated public or private premise shall submit a reduction plan to the special municipality, county or city competent authority within two months after receiving the special municipality, county or city competent authority's notification. The annual period shall be from the day of receipt of notification from the special municipality, county or city competent authority to December 31.

   3. A reduction plan shall include the following content:

      1. The product names, quantities, and periods of the alternative containers expected to be used, and the materials from which the alternative containers are made.

      2. The specifications, name of products contained in, quantities, and periods of the designated containers the weight of which is expected to be reduced.

      3. The expected product names, quantities, and periods after cessation of use of plastic trays and packaging boxes for packaging.

      4. When switching to the use of an alternative container, a testing report proving that the raw materials do not contain any plastic materials such as polyethylene polyethylene terephthalate (PET), polystyrene (PS), polyvinyl chloride (PVC), polyethylene (PE), or polypropylene (PP) must be attached. However, the testing report attached to the reduction plan for the first half of 2010 may also be used during the second half of 2010. Testing methods may include Fourier transform infrared (FTIR), differential scanning calorimetry (DSC), nuclear magnetic resonance (NMR), pyrolyzer, or thermogravimetric analysis (TGA).

      5. The testing report in the foregoing paragraph shall be obtained from an analysis organization certified by the Taiwan Accreditation Foundation (TAF) or International Laboratory Accreditation Cooperation (ILAC), or licensed by the EPA.

      6. Methods or documents allowing verification of reduction results during the year.

      7. Other items designated by the central competent authority.

   4. Designated public or private premises shall fill out annual reduction results in the designated format, and every year shall submit reduction results for the previous year to the special municipality, county or city competent authority by March 31 of subsequent year. However, when designated public or private premises operate as chains, the main company may compile the annual reduction result of its subordinate designated public or private premises, and shall submit the reduction results together by the foregoing deadline to the central competent authority for transfer to the special municipality, county or city competent authority.

   5. Annual reduction results shall include the following content:

      1. The product names, quantities, and periods of the alternative containers expected to be used, and the materials from which the alternative containers are made.

      2. The specifications, name of products contained in, quantities, and periods of the designated containers the weight of which is expected to be reduced.

      3. The product names, quantities, and periods after cessation of use of plastic trays and packaging boxes for packaging.

      4. Documents verifying annual reduction results.

      5. Other items designated by the central competent authority.

   6. After receiving annual reduction results submitted by designated public or private premises, the special municipality, county or city competent authority shall notify the designated public or private premises to make correction within seven days when review indicates that content is incomplete and correction must be made.

6. Reduction plan changes:

   1. Designated public or private premises shall implement reductions in accordance with their reduction plans. When any of the following situations applies with regard to the content of a reduction plan, the designated public or private premise shall apply to the special municipality, county or city competent authority to change its reduction plan at least ten days before the product in question goes on sale. However, when designated public or private premises operate as chains, the main company may compile any changed circumstances among its subordinate designated public or private premises, and shall submit the changes together by the foregoing deadline to the central competent authority for transfer to the special municipality, county or city competent authority for change application.

      1. Change in the product name or period of an alternative container expected to be used, or in the material of an alternative container.

      2. The specifications, name of products contained in, quantities, and periods of the designated containers the weight of which is expected to be reduced.

      3. Change of the expected product names, quantities, and periods after cessation of use of plastic trays and packaging boxes for packaging.

   2. If, during a year, a first investigation discovers that a designated public or private premise has made changes without performing the required change application procedures, the special municipality, county or city competent authority may allow the designated public or private premise to apply for a change within 30 days.

7. The matter shall be handled in accordance with Article 26, Paragraph 1, Subparagraph 2 of the Resource Recycling and Reuse Act when one of the following circumstances involving a designated public or private premise occurs:

   1. Failure to achieve the annual reduction rate, in violation of announcement item 3 (1).

   2. Failure to submit a reduction plan, in violation of announcement items 5 (1) and 5 (2).

   3. In violation of announcement items 5 (4) or 5 (6), failure to report annual reduction results or failure to make corrections by the designated deadline.

   4. Failure to apply to change a reduction plan during the time period provided by the special municipality, county or city competent authority, in violation of announcement item 6 (2).

   5. A second or subsequent investigation during a year discovers that a designated public or private premise has made changes without performing the required change application procedures.