LAW NO. 21,100 PROHIBITS THE DELIVERY OF PLASTIC BAGS OF COMMERCE THROUGHOUT THE NATIONAL TERRITORY Having present that the National Congress has given its approval to the bill originating in motion of the H. Diputada Mrs. Alejandra Sepulveda Orbenes, of the H. Deputies Fidel Espinoza Sandoval, Gabriel Silber Romo, Guillermo Teillier Del Valle, former Deputy Ladies Carolina Goic Boroevic, Karla Rubilar Barahona, and former Deputies Enrique Accorsi Opazo, Alfonso De Urresti Longton, David Sandoval Plaza and Patricio Vallespin Lopez, Bill: " Ban Delivery of plastic bags of commerce throughout the national territory Article 1.-Object. The purpose of this law is to protect the environment by prohibiting the delivery of plastic bags of trade. Article 2.-Definitions. For the purposes of this law: a) Bag: Flexible packaging consisting of a closed tubular body at one of its ends. b) Plastic bag: A bag containing as a fundamental component a polymer produced from petroleum. c) Plastic bag of trade: plastic bag that is delivered by a trade establishment for the transport of goods or, in the case of purchases made by electronic means, bag for the transport of goods that is delivered to the final consumer. (d) Establishment of trade: Any retail or wholesale channel for the distribution or marketing of goods or services. Article 3.-Prohibition. Prohibit the delivery, to any degree, of commercial plastic bags. Bags constituting the primary packaging of food, which is necessary for hygienic reasons or because their use helps prevent food waste, are excluded from this ban. Article 4.-Taxation. The municipalities shall be responsible for supervising compliance with the obligations laid down in this law, in accordance with their powers under the third paragraph of Article 5 of the decree with force of law N ° 1, 2006, of the Ministry of Education of the Interior, which fixes the recast, coordinated and systematized text of Law No. 18,695, constitutional organic of Municipalities. Article 5.-Infringement and fine. Failure to comply with the provisions of Article 3 shall be punishable by a fine for the municipal benefit of up to five monthly tax units for each plastic bag of trade delivered. The penalties laid down in this law shall be applied by the relevant local police court, in accordance with the procedure laid down in Law No 18.287, which provides for proceedings before the local police courts. Article 6-Determination of the fine. For the determination of the fine set out in the preceding article, the following circumstances shall be considered: (a) The number of plastic bags of trade delivered. b) The previous conduct of the offender. c) The economic capacity of the infringer. Article 7.-Environmental education. The Ministry of the Environment will promote and implement environmental education programs aimed at citizenship, on the use of commercial plastic bags that are in circulation and their impact on the ecosystem, including their reuse. and recycling. Article 8.-Amend point (c) of Article 13 of Decree No. 307 of 1978 of the Ministry of Justice, which lays down the consolidated, coordinated and systematized text of Law No 15.231 on the organization and the powers of the local police courts, as follows: 1. Replace, in its numeral 12, the final expression ", and", by a semicolon. 2. Replace, in its numeral 13, the final point by the expression ", y". 3. Add the following numeral 14: "14 ° To the law prohibiting the delivery of plastic bags of commerce." Transitional Article.-Vigencia. The provisions of this law shall enter into force within six months of their publication in the Official Journal, except in respect of micro, small and medium-sized enterprises, in accordance with the provisions laid down in this Directive. Article 2, second indent of Law No. 20416, for which the provisions of this law shall enter into force within two years of its publication. However, in the period between the publication of the law and the time limits referred to in the previous paragraph for its validity, the trade establishments will be able to deliver a maximum of two plastic bags of commerce to the consumers, for each purchase. " Having complied with the provisions of Article 93 of the Constitution of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of Mexico, and as I have had to approve and sanction it, I therefore promulgate and take effect as the Law of the Republic. Santiago, July 20, 2018.-SEBASTIAN PINERA ECHENIQUE, President of the Republic.-Marcela Cubillos Sigall, Minister of the Environment.-Andres Chadwick Piñera, Minister of the Interior and Public Security.-Felipe Larraín Basquunan, Minister of Hacienda.-Gonzalo Blumel Mac-Iver, Minister-General Secretary of the Presidency. What I transcribe to you for the purposes I consider pertinent.-Felipe Riesco Eyzaguirre, Undersecretary of the Environment. Constitutional Court Draft law prohibiting the delivery of plastic bags of commerce throughout the national territory, corresponding to the bulletin No. 9.133-12 The Secretary of the Constitutional Court, who subscribes, certifies that the Honorable Chamber of Deputies sent the bill enunciated in the rubric, approved by the National Congress, so that this Court would exercise the preventive control of constitutionality with respect to Article 4, the second paragraph of Article 5 and the Article 8 of the draft law referred to and, which this Magistracy, by judgment of July 10, 2018, in the process Role N ° 4,925-18-CPR. It is resolved: that the provisions contained in Article 4, in the second paragraph of Article 5, and in Article 8 of the bill submitted by the National Congress, are in accordance with the Constitution of the Republic. Santiago, July 10, 2018.-Rodrigo Pica Flores, Secretary.