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A trade and consumer issue: Underground polythene makers defy regulations
View(s):By Nidarshani Wickramasinghe
Despite the issuance of various gazette notices and regulatory measures over the years, the illegal production and distribution of polythene and other banned plastics continues unabated throughout Sri Lanka.
According to environmental experts and civil society organisations this menace has been allowed to continue due to inconsistent policy implementation, weak institutional coordination, and lack of collective state action.
Polythene bags hold sway despite regulations. Pix by M.A. Pushpa Kumara
Environment Minister, Dr Dammika Patabendi told the Sunday Times that state agencies have not taken sufficient measures as yet to curb the widespread use of illegal polythene.
He said that the constant demand from society for cheaper polythene products fuels the underground market and emphasised that Government institutions need to take the lead in introducing viable alternatives.
“Legislation alone cannot prevent the issue from escalating,” the minister said.
“Alongside the regulatory measures people should be made aware of the serious environmental hazards from continued use of illegal polythene. We also expect to encourage researchers to work on alternatives with financial support secured through discussions with private sector organisations willing to partner with us.”
Although the Government has issued several gazette notices including in 2017 and 2023, banning the manufacture, sale, storage and imports of various types of polythene items, illegal products are available.
PHI Sandun Rathnayake said that some 2,500 public health inspectors cover over 14,000 Grama Niladhari divisions together with the police and military to help environmental protection work.
However, he underscored that the prime responsibility of implementing those laws lies with the CEA.
Mr Rathnayake said even with adequate legislation, prohibited items like lightweight shopping bags, lunch sheets and different types of coloured or ultrathin bags are available.
“The law is clear. But until now not a single institution has filed a case or shut down a production facility for violating these bans during 2024.’’
Lawyer and co-founder of the Environmental Justice Centre, Dr Ravindranath Dabare noted that polythene products in circulation do not carry any identifying details such as manufacturer’s name, address or even a contact number. 
This lack of traceability, he argued, is a fundamental reason that illegal manufacturers have continued to operate. “Successive governments have failed to mandate basic product identification. Enforcing this alone would substantially reduce illegal production,” he said.
Founder of ZeroPlastics Movement, Nissanka de Silva said the CEA does not have the manpower to carry out raids throughout the country on a regular basis.
He said the new Environmental Protection Bill to be moved in Parliament proposes to delegate some of its enforcement powers to the police.
Senior environment lawyer Dr Jagath Gunawardena said the approach is fragmented.
“The issue is being treated as purely an environmental one. Actually, it is also a consumer and trade issue. Lacking stable policy regimes for the entire value chain from production taxes to point of sale practices resulted in inconsistent gazette notifications and lax enforcement,” he said. Enforcement must not be left only to environmental officers already burdened with administrative work.
Dr Gunawardena said illegal producers often operate under mobile or temporary setups which makes detection difficult. “The government must intervene as a whole. Promoting alternatives is essential but the market must not be allowed to dictate the country’s environmental health,” he cautioned.
Dr Kalpana Ambepitiya, senior lecturer at General Sir John Kotelawala Defence University said that illegal production of polythene in fact thrives on a combination of socio-economic, behavioural and systemic factors.
“Sri Lanka has introduced some of the strongest regulatory measures in South Asia to prevent polythene and single-use plastics. I have seen the various ways in which the government has imposed bans, continuous raids, filing of court cases and fines,’’ Dr Ambepitiya said.
“Despite this there is still evidence of continuing illegal production and distribution. I am of the view there are many reasons interlinked from a socio-economic, behavioural and systemic perspective.
“The low cost of production and high demand translate into a very lucrative underground business. Polythene remains far cheaper compared with eco-friendly alternatives like biodegradable or fabric bags. Small retailers, especially in rural and semi-urban areas have reasons to opt for cheaper alternatives to reduce costs.’’
| Environmental science suggested as school subject The proposal to include environmental science as a subject in the school curriculum is expected to be put forward to the Ministry of Education by Minister of Environment, Dr. Dammika Patebendi. He intends to submit the proposal to the Minister of Education after the budget debate. He further told the media that so far there is no established mechanism on environment conservation at the global level for children and youth and therefore he is going to move a proposal to form such an international mechanism. He hopes to hold discussions with the Ministry of Education. | |
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