Importers Who Ordered or Purchased Plastic Materials Before Effective Date of Prohibition Order Not Penalised

Members of the Senate recently approved the Trade (Amendment) Act, 2024, which was piloted by Minister of Industry, Investment and Commerce, Senator the Hon. Aubyn Hill.

He explained that insertion of new subsections in Clause Two of the legislation allows the Minister to facilitate importers who ordered or purchased consignments prior to the effective date of the prohibition Order – the Trade Plastics Packaging Materials Amendment Order 2024 – to import these goods without consequences.

“It should be noted that the Trade Plastic Materials Prohibition Amendment Order 2024 also provides that the distribution of plastic food containers should terminate on the 9th day of January 2025. As such, in the exercise of this discretion, the Minister will be guided by this timeline,” Senator Hill said.

The Trade Plastics Packaging Materials Amendment Order 2024 was promulgated on July 11, 2024.

The Minister further informed that Clause Two of the Act provides for the insertion of new Subsections Four, Five and Six.

Senator Hill explained that Subsection Four provides that, where an Order was made providing for an absolute prohibition on the importation of goods pursuant to Subsection 1A, the Minister may, by Order, specify that the consignments be treated in the same manner as goods imported prior to the effective date of such prohibition, if the Minister is satisfied of the matter in Subsection 5.

“Subsection 5 provides that the matter to which the Minister must be satisfied is that the relevant prohibited goods were ordered or purchased prior to the effective date of the prohibition. Subsection 6 provides that no criminal liability shall be imputed in respect of goods that are subject to an Order made under Subsection 4,” he said.

Senator Hill explained that the Bill seeks to amend Section 8 of the Act to provide for such Orders to remove consequences of the prescribed absolute prohibition for imported consignments of goods ordered or purchased prior to the effective date of the prescribed prohibition under Section 8 (1a) of the Act, which arrived in Jamaica on or after the effective date of the prohibition.

He further indicated that in 2018, the Government announced the implementation of a ban on the importation, manufacture and distribution of specific types of single use plastic products with the objective of safeguarding human health and the environment from the adverse impacts of plastics, in accordance with World Trade Organization Agreement obligations.

The Minister informed that on December 24, 2018, the Trade Plastics Packaging Materials Prohibition Order 2018 was published, prohibiting the importation of classes of plastic goods on a phased basis.

Senator Hill added that the Order was subsequently amended in 2022/23/24. He noted that these Orders were initiated by the Portfolio Ministry with responsibility for the environment, in collaboration with the Ministry of Industry, Investment and Commerce.

“In January 2024, the Government of Jamaica announced the implementation of the fourth phase of the ban on single use plastics, which would eliminate from the domestic market single use plastic food containers and replace Styrofoam containers as well as cosmetic care or personal care products for which microbeads or microplastics have been intentionally added,” the Minister said.

“The Government further indicated to the public that consignments ordered prior to the effected date of the prohibition would be allowed to be landed. In keeping with the main objective, the Trade Plastics Packaging Materials Amendment Order 2024 was promulgated on July 11, 2024, which effected an absolute prohibition on the importation of plastic food containers, effective as of that date,” he said.

Senator Hill noted that the prohibition has adversely affected importers who previously ordered or purchased consignments, which arrived or will arrive in Jamaica after the prohibition was in effect.

“The Government recognises the need to facilitate trade within Jamaica while, at the same time, safeguarding human health and the environment from adverse impacts of plastics. To address this issue, it was proposed that Section 8 of the Act be amended to empower the Minister to make Orders having retroactive effect,” he said.

The Trade Act provides for, among other things, the regulation of trade in goods, including the conditions of distribution, purchase and sale, and the importation and exportation, except under licence, of goods of any class or description.