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LAW OF UKRAINE

of June 1, 2021 No. 1489-IX

About restriction of turnover of plastic packets in the territory of Ukraine

This Law is directed to reduction of amount of use in Ukraine of plastic packets, restriction of their distribution for the purpose of improvement of condition of the surrounding environment and improvement of the territories.

Article 1. Determination of terms

1. In this Law the stated below terms are used in such value:

1) biodegradable plastic packet - plastic packet which decays with the participation of microorganisms on elements of natural origin and corresponds to the regulations established by the national or harmonized European standards on utilization by method of composting or biodegradation;

2) marking - information on plastic packet, and also the words, descriptions, signs, images or symbols having information content and placed on such packet;

3) superthin plastic packets - plastic packets with walls less than 15 micrometers thick;

4) object of public catering - the place of implementation of activities of the subject of managing in the field of public catering which performs production trading activity (production and/or dogotovka, delivery, sale and the organization of consumption of self-produced products and the purchased goods), irrespective of pattern of ownership, arrangement, the amount, amount or method of conducting activities;

5) subject to rendering services - the place of implementation of activities of the subject of managing in the field of rendering services in which distribution of plastic packets can be performed;

6) object of retail trade - the place of implementation of activities of the subject of managing which performs sales of goods to final consumers, irrespective of pattern of ownership, arrangement, the size, amount or method of such trade;

7) kislorodorazlagayemy impurity - additives which are added to composition of materials of which plastic materials, for acceleration of their decomposition on separate small fragments (microplastic) under the influence of oxygen and ultra-violet radiation are made;

8) kislorodorazlagayemy plastic packets - plastic packets which material for production consists of polyethylene and kislorodorazlagayemy impurity;

9) plastic - artificially created material on the basis of synthetic or natural high-molecular connections (polymers);

10) plastic packet - the container made of plastic in the form of sleeve, with bottom and open mouth, with handles or without handles, intended for packaging and/or transportation of goods and products by final consumers;

11) distribution of plastic packets - paid or free provision of plastic packets to consumers in objects of retail trade, public catering and provision of services in which distribution of plastic packets can be performed;

12) thin plastic packets - plastic packets with walls from 15 to 50 micrometers thick.

2. Other terms in this Law, are used in the values given in the Civil code, the Tax code of Ukraine, the laws of Ukraine "About consumer protection", "About waste" and other laws.

Article 2. Prohibition on distribution of plastic packets

1. Distribution in objects of retail trade, public catering and provision of services is forbidden:

1) superthin plastic packets;

2) thin plastic packets;

3) kislorodorazlagayemy plastic packets.

2. The prohibition established by part one of this Article does not extend to biodegradable plastic packets.

3. Stipulated in Item 1 parts one of this Article the prohibition does not extend to superthin plastic packets up to 225 mm wide (without side folds), up to 345 mm in depth (taking into account side folds), up to 450 mm long (taking into account handles) which are intended for packaging and/or transportation of fresh fish, meat and products from them, loose products, ice and extend in objects of retail trade as primary package.

4. The plastic packets which are not meeting the Law established to the presents the requirements are subject to withdrawal from turnover according to the procedure, established by the Law of Ukraine "About retirement, conversion, utilization, destruction or further use of low-quality and dangerous products".

Article 3. Prohibition of free distribution of plastic packets

1. Distribution of plastic packets is performed only on paid basis.

2. Retail prices on plastic packets cannot be below minimum prices which are established by the Cabinet of Ministers of Ukraine.

3. Requirements of this Article do not extend on:

1) biodegradable plastic packets;

2) superthin plastic packets up to 225 mm wide (without side folds), up to 345 mm in depth (taking into account side folds), up to 450 mm long (taking into account handles) which are intended for packaging and/or transportation of fresh fish, meat and products from them, loose products, ice and extend in objects of retail trade as primary package.

Article 4. Requirements to biodegradable plastic packets, their marking

1. The capability of plastic packets to biodegradation is determined according to the harmonized European standards.

2. The corresponding marking is applied on plastic packets which conform to the requirements established by part one of this Article. Such marking shall be applied on each plastic packet.

The procedure for marking of plastic packets affirms the Cabinet of Ministers of Ukraine.

3. Drawing on plastic packet of the words "bio", "biopacket", "biodegradable" is forbidden if such packet does not conform to requirements of part one of this Article.

Article 5. Control of compliance with law in the field of distribution of plastic packets

1. The state control of compliance with law in the field of distribution of plastic packets in objects of retail trade, public catering and provision of services is performed by the central executive body realizing state policy in the field of the state control of compliance with law about consumer protection, according to the procedure, determined by the Cabinet of Ministers of Ukraine.

Article 6. Responsibility for violation of requirements of the legislation in the field of distribution of plastic packets

1. The subjects of managing guilty of violation of the law about restriction of turnover of plastic packets in the territory of Ukraine, bear responsibility according to the law.

2. For violation of regulations of this Law the central executive body realizing state policy in the field of the state control of compliance with law about consumer protection applies to subjects of managing such administrative penalties (further - penalties):

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