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Law for the Regulation of the Treatment of Packaging, 5771-2011
חוק להסדרת הטיפול באריזות, תשע"א-2011
Published: 2011-01-31Consolidated Hebrew text as of 2026-09-03 · Last amended 2023-11-19✓ Amendment status checked against the Knesset legislation record on 2026-09-29
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Chapter V: Provisions concerning the Separation, Collection, Removal and Landfill Disposal of Packaging Waste
Determination of Separation, Collection and Removal Arrangements and Obligation to Contract with a Recognised Body§
23.
(a)A person responsible for waste removal shall determine, subject to the provisions under subsection (d), an arrangement concerning the separation of packaging waste from other waste within its area, and may permit, in such an arrangement, the mixing of packaging waste with waste having characteristics similar to those of packaging waste (in this Law — a packaging waste separation arrangement), and likewise an arrangement concerning the collection and removal of packaging waste that has been separated as aforesaid (in this Law — a separated packaging waste collection and removal arrangement); however, the arrangements determined with respect to the mixing of waste shall not serve to increase the funding of a recognised body beyond the funding obligation under section 17(a) and (b).
(b)
(1)A person responsible for waste removal shall be responsible for carrying out the separation of packaging waste and the collection and removal of packaging waste from its area, in accordance with the separation, collection and removal arrangements it has determined for that purpose under subsection (a) and with the provisions under this Law;
(2)For the purpose of fulfilling its obligation as stated in paragraph (1), a person responsible for waste removal shall enter into a contract with at least one recognised body; however, nothing in the provisions of this subsection shall prevent a person responsible for waste removal from also contracting with a manufacturer or with an importer who has received an exemption from the obligation to contract under section 9(e), for the purpose of carrying out the collection and removal of the packaging waste of the packaged products or service packaging that it manufactured or imported.
(c)A person responsible for waste removal shall transfer the packaging waste collected from its area in accordance with its obligations under this section to the recognised body with which it has contracted, without additional consideration beyond the cost of funding as stated in section 17(a) or (b), as the case may be.
(d)
(1)The Minister may prescribe criteria concerning separation, collection and removal arrangements, and may prohibit in such arrangements the mixing of packaging waste with waste having characteristics similar to those of packaging waste;
(2)In prescribing provisions under this subsection, the Minister shall consider, inter alia, whether significant harm is likely to be caused to the quantity and quality of packaging waste and waste having characteristics similar to those of packaging waste that was being recycled on the eve of the commencement of this Law;
(3)Regulations under this subsection with respect to local authorities shall be prescribed with the consent of the Minister of the Interior.
(e)
(1)The Minister, on the recommendation of the Pricing Committee and with the approval of the Minister of Finance, may prescribe prices for contracting with a recognised body for the purpose of implementing the separation, collection and removal arrangements under the provisions of subsection (b);
(2)The Pricing Committee shall consist of eight members, being four employees of the Ministry of Finance appointed by the Director General of the Ministry of Finance, one of whom shall be the chairperson, an employee of the Ministry of Industry, Trade and Employment appointed by the Director General of the Ministry of Industry, Trade and Employment, an employee of the Ministry of the Interior appointed by the Director General of the Ministry of the Interior, and two employees of the Ministry appointed by the Director General of the Ministry;
(3)Within 90 days of the date on which the Administrator first recognised a recognised body under section 12, the Pricing Committee shall submit a recommendation to the Minister as stated in paragraph (1).
(f)The powers vested in the Minister of the Interior with respect to by-laws under section 258 of the Municipalities Ordinance, section 22 of the Local Councils Ordinance, and section 14 of the Municipal Associations Law, 5715-1955, shall be vested in the Minister with respect to a by-law concerning separation, collection and removal arrangements, determined by a person responsible for waste removal who is a local authority in accordance with the provisions under this section.
Order concerning the Determination of Separation, Collection and Removal Arrangements or Contracting with a Recognised Body§
24.
(a)If a person responsible for waste removal has not determined separation, collection and removal arrangements or has not contracted with at least one recognised body, in accordance with the provisions under section 23, the Administrator may, after consulting with the Director of the Local Government Administration in the Ministry of the Interior, order it to determine such arrangements or to contract with a recognised body, as the case may be, in accordance with the provisions to be prescribed in the order, including the manner, the date and the price for determining the arrangements or for contracting as aforesaid; the provisions of the order under this subsection shall be prescribed subject to the Minister's provisions under section 23(d) and (e), to the extent that these have been prescribed; if the Director of the Local Government Administration in the Ministry of the Interior has not responded to the Administrator within 14 days of the date of the Administrator's approach to that Director under this section, the Administrator shall be deemed to have fulfilled the said obligation to consult.
(b)The provisions of section 23(f) shall apply with respect to a by-law concerning separation, collection and removal arrangements, determined by a person responsible for waste removal who is a local authority in accordance with the provisions under this section.
Prohibition on Disposing, Collecting or Removing Packaging Waste Otherwise than in Accordance with the Separation, Collection and Removal Arrangements§
25.
(a)Where a person responsible for waste removal has determined a packaging waste separation arrangement, no person shall dispose of packaging waste within the area of the person responsible for waste removal except in accordance with that arrangement.
(b)Where a person responsible for waste removal has determined a separated packaging waste collection and removal arrangement, no person shall collect packaging waste within the area of the person responsible for waste removal or remove packaging waste from that area, except in accordance with that arrangement.
Collection and Removal of Packaging Waste from a Business§
26.
(a)In this section —
"business" means a place in which packaging waste accumulates in the course of work or business activities;
"business owner" means the holder of a permit or licence required under any law for the operation or management of the business or for carrying on the business, or a person upon whom a duty to obtain a permit or licence for the purpose of such operation or management is imposed.
(b)Notwithstanding the provisions of this Chapter, a business owner may contract with a recognised body for the collection and removal of packaging waste accumulating at the business, in whole or in part, in accordance with the conditions of recognition of that recognised body.
(c)A business owner who has contracted with a recognised body as stated in subsection (b) shall maintain a full and detailed record of the weight of the packaging waste of the packaged products or service packaging that has accumulated at the business and is designated for removal, and of the types of material referred to in section 6 of which the packaging waste is composed, and shall provide this information to the recognised body upon its request.
(d)The Administrator or a person authorised by the Administrator for this purpose may inspect the records at the business as stated in subsection (c) and receive a true copy thereof, and may also require a business owner to furnish any information relevant to the matter of this section; where a business owner is required to furnish information as aforesaid, the owner shall do so at the time and in the manner specified in the requirement.
(e)The collection and removal from a business under this section shall be carried out at a frequency and in a manner that ensure regular collection and removal and prevent the accumulation of packaging waste, and subject to any law.
(f)With respect to packaging waste that has not been collected by a recognised body, or at any time when the contract with the recognised body is not in force, the prohibitions stated in section 25 shall apply to the business owner.
Prohibition on the Landfill Disposal of Packaging Waste§
27.
(a)With effect from the 4th of Tevet 5780 (1 January 2020), no person shall dispose of packaging waste in a landfill, including at a place used for the removal and disposal of waste.
(b)Notwithstanding the provisions of subsection (a), the Administrator may, with the approval of the Minister, authorise in writing the landfill disposal of packaging waste at a specific place, if satisfied, in particular cases, that there are no reasonable recycling or recovery alternatives; such authorisation shall be granted for a period not exceeding one year.
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Contact Us →Chapter VI: Inspectors
28.§
(Repealed — תשע״א)
29.§
(Repealed — תשע״א)
30.§
(Repealed — תשע״א)
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Contact Us →Chapter VII: Penalties
Penalties§
31.
(a)A person who has done any of the following is liable to a fine as stated in section 61(a)(2) of the Penal Law, 5737-1977 (in this Law — the Penal Law), and if it is a corporation — to double that fine:
(1)disposed of packaging waste within the area of a person responsible for waste removal otherwise than in accordance with the packaging waste separation arrangement determined by the person responsible for waste removal, contrary to the provisions under section 25(a);
(2)collected or removed packaging waste within the area of a person responsible for waste removal otherwise than in accordance with the separated packaging waste collection and removal arrangement determined by the person responsible for waste removal, contrary to the provisions under section 25(b).
(b)A person who has done any of the following is liable to a fine as stated in section 61(a)(3) of the Penal Law, and if it is a corporation — to double that fine:
(1)manufactured packaging otherwise than in accordance with the provisions prescribed by the Minister concerning source reduction measures, contrary to the provisions under section 4;
(2)manufactured or marketed a packaged product or service packaging, or sold a packaged product or a product in service packaging, without their being labelled in accordance with the provisions under section 5;
(3)did not submit a report to the Administrator or did not furnish information to the Administrator or to a person authorised by the Administrator for this purpose, contrary to the provisions under sections 7 or 18;
(4)did not maintain a full and detailed record of the matters included in the reporting obligation under sections 7 or 18, or did not allow the Administrator or a person authorised by the Administrator for this purpose to inspect such a record or to receive a true copy thereof, contrary to the provisions under sections 8 or 19;
(5)did not contract with a recognised body, contrary to the provisions under section 9(a);
(6)did not maintain a full and detailed record of the information referred to in section 7(a)(1) or did not allow the Administrator or a person authorised by the Administrator for this purpose to inspect such a record or to receive a true copy thereof, contrary to the provisions of section 9(c);
(7)did not pay a levy that was payable, contrary to the provisions under section 11;
(8)did not comply with a condition prescribed by the Administrator in a recognition under the provisions of section 12(d);
(9)did not act to implement a separated packaging waste collection and removal arrangement within the area of a person responsible for waste removal with whom it had contracted, in accordance with the provisions under section 17(e);
(10)did not determine separation, collection and removal arrangements in accordance with any of the following —
(a)provisions under section 23(a);
(b)an Order of the Administrator under section 24(a);
(11)did not contract with at least one recognised body, contrary to the provisions of section 23(b)(2).
(c)A person who has done any of the following is liable to six months' imprisonment or to a fine as stated in section 61(a)(4) of the Penal Law, and if it is a corporation — to double that fine:
(1)did not meet the recycling targets under the provisions of section 6;
(2)disposed of packaging waste in a landfill, contrary to the provisions of section 27;
(3)disclosed information or made use of it, contrary to the provisions under section 52(b).
(d)A person responsible for waste removal shall not bear criminal liability for an offence under subsection (c)(2), if that person proves that the conditions set out below are met and that reasonable measures were taken to prevent the landfill disposal of packaging waste, including by determining separation, collection and removal arrangements and by taking supervisory and enforcement measures to ensure their implementation:
(1)the packaging waste was disposed of in a landfill, without that person's knowledge, together with other waste and constitutes a minimal part of the total waste that was disposed of in a landfill;
(2)the packaging waste was discarded together with the other waste, before its landfill disposal, by a person who is not that person's employee and who does not provide services to that person with respect to waste.
Liability of an Office Holder in a Corporation§
32.
(a)An office holder in a corporation is obliged to supervise and do everything possible to prevent the commission of offences under section 31 by the corporation or by any of its employees; a person who breaches this obligation is liable to a fine as stated in section 61(a)(3) of the Penal Law.
(b)Where an offence under this Law has been committed by a corporation or by any of its employees, it is presumed that an office holder in the corporation has breached its obligation under this section, unless that office holder proves that it did everything possible to fulfil its obligation.
(c)In this section, "office holder in a corporation" means an active manager in a corporation, a partner, excluding a limited partner, or another person holding a position in the corporation who is responsible on behalf of the corporation for the field in which the offence was committed, and with respect to offences under paragraphs (1), (3), (5), (6), (9), (10) or (11) of section 31(b) and offences under section 31(c) — also a director.
Rates of Fines§
33.
Notwithstanding the provisions of section 221(b) of the Criminal Procedure Law [Consolidated Version], 5742-1982, the Minister of Justice may, with the consent of the Minister, prescribe a rate of fine exceeding the amount of the fine prescribed in that section, for an offence under this Law that has been designated as a fine offence and also for an additional or continuing fine offence committed by the same person, having regard to the type of offence and the circumstances of its commission, provided that the amount of the fine shall not exceed ten per cent of the maximum fine prescribed for that offence.
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Contact Us →Chapter VIII: Civil Penalty
Civil Penalty§
34.
(a)Where a person has breached a provision of the provisions under this Law as detailed below, the Administrator may impose on that person a civil penalty under the provisions of this Chapter, in the amount of NIS 93,140, and if it is a corporation — in the amount of NIS 186,290:
(1)breached the provisions of section 9(d); for this purpose, it is presumed that a manufacturer or importer who has fulfilled its obligations under sections 7(d) and 9(a) to (c) has not breached the provisions of section 9(d), unless proven otherwise;
(2)did not enter into a contract with a manufacturer or importer who approached it, contrary to the provisions of section 16(a);
(3)did not enter into a contract with a person responsible for waste removal who approached it, contrary to the provisions of section 17(d);
(4)disposed of packaging waste within the area of a person responsible for waste removal otherwise than in accordance with the packaging waste separation arrangement determined by the person responsible for waste removal, contrary to the provisions under section 25(a);
(5)collected or removed packaging waste from the area of a person responsible for waste removal otherwise than in accordance with the separated packaging waste collection and removal arrangement, contrary to the provisions under section 25(b);
(6)breached a provision of the provisions detailed in section 31(b), except under section 31(b)(10)(b) and (11).
(b)Where a person responsible for waste removal has not contracted with at least one recognised body for the separation of packaging waste and the collection and removal of separated packaging waste from its area, contrary to the provisions of section 23(b)(2), or has not determined an arrangement in accordance with an Order of the Administrator under section 24(a), the Administrator may impose on it a civil penalty under the provisions of this Chapter in the amount of NIS 620,960.
(c)Where a person has disposed of packaging waste in a landfill, contrary to the provisions of section 27, the Administrator may impose on that person a civil penalty under the provisions of this Chapter in the amount of NIS 280,670, and if it is a corporation — in the amount of NIS 561,350.
(d)Where a manufacturer, importer or recognised body has not met the recycling targets under section 6, the Administrator may impose on it a civil penalty under the provisions of this Chapter in the amount of NIS 3,100 for each tonne of packaging waste in respect of which it has not carried out recognised recycling in accordance with the said targets; however, where a person has failed to meet both the recycling targets by material type and the overall recycling target, the civil penalty shall be imposed only for the breach of the overall recycling target.
(e)Notwithstanding the provisions of subsection (d), in the years 2011 and 2012, the amount of the civil penalty that the Administrator may impose for each tonne of packaging waste in respect of which recognised recycling has not been carried out in accordance with the recycling targets under section 6 shall be as set out below:
(1)in 2011 — NIS 1,500;
(2)in 2012 — NIS 2,040.
(f)In subsections (a)(4) and (5) and (c), "packaging waste" means packaging waste generated as a result of the activity of a corporation or as a result of the activity of a business or occupation of an individual, excluding an occupation of an individual carried on in a residential dwelling used by that person.
Notice of Intent to Impose a Charge§
35.
(a)Where the Administrator has reasonable grounds to believe that a person has breached a provision of the provisions under this Law as stated in section 34 (in this Chapter — a violator), and intends to impose a civil penalty on that person under that section, the Administrator shall give the violator notice of the intention to impose a civil penalty on it (in this Chapter — notice of intent to impose a charge).
(b)In the notice of intent to impose a charge, the Administrator shall state, inter alia, the following:
(1)the act or omission (in this Chapter — the act) constituting the breach;
(2)the amount of the civil penalty and the period for its payment;
(3)the violator's right to present its arguments before the Administrator under the provisions of section 36;
(4)the rate of the addition to the civil penalty in the case of a continuing breach or a repeated breach under the provisions of section 38.
Right to be Heard§
36.
A violator to whom a notice of intent to impose a charge has been given under the provisions of section 35 may present its arguments, in writing, before the Administrator, concerning the intention to impose a civil penalty on it and concerning its amount, within 30 days of the date of delivery of the notice.
Decision of the Administrator and Payment Demand§
37.
(a)Where the violator has presented its arguments before the Administrator under the provisions of section 36, the Administrator shall decide, after considering the arguments presented, whether to impose a civil penalty on the violator, and may reduce the amount of the civil penalty under the provisions of section 39.
(b)
(1)Where the Administrator has decided under the provisions of subsection (a) to impose a civil penalty on the violator, the Administrator shall give the violator a demand to pay the civil penalty (in this Chapter — payment demand); in the payment demand the Administrator shall state, inter alia, the reasons for the decision, the updated amount of the civil penalty and the period for its payment;
(2)Where the Administrator has decided under the provisions of subsection (a) not to impose a civil penalty on the violator, the Administrator shall give the violator notice accordingly.
(c)Where the violator has not requested to present its arguments under the provisions of section 36 within 30 days of the date on which the notice of intent to impose a charge was given to it, that notice shall, upon the expiry of those 30 days, be deemed a payment demand given to the violator on that date.
Continuing Breach and Repeated Breach§
38.
(a)In the case of a continuing breach, one-fiftieth of the civil penalty shall be added thereto for each day on which the breach continues.
(b)In the case of a repeated breach, an amount equal to the civil penalty that could have been imposed had it been a first breach shall be added to that civil penalty; for this purpose, "repeated breach" means the breach of a provision of the provisions under this Law as stated in section 34, within two years of a previous breach of the same provision for which a civil penalty was imposed on the violator or for which the violator was convicted.
Reduced Amounts§
39.
(a)The Administrator may not impose a civil penalty in an amount lower than the amounts prescribed in this Chapter, except under the provisions of subsection (b).
(b)The Minister, with the consent of the Minister of Justice, may prescribe cases, circumstances and considerations by virtue of which it shall be possible to reduce the amount of the civil penalty prescribed in section 34, by rates to be prescribed.
Updated Amount of the Civil Penalty§
40.
(a)The civil penalty shall be according to its updated amount on the date of delivery of the payment demand, and with respect to a violator who has not presented its arguments before the Administrator as stated in section 36 — on the date of delivery of the notice of intent to impose a charge; where an appeal has been filed against a payment demand and the payment of the civil penalty has been stayed under section 43(c), the amount of the civil penalty shall be according to its updated amount on the date of the decision on the appeal.
(b)The amount of the civil penalty as stated in section 34 shall be updated on the 1st of January of each year (in this subsection — the update date), in accordance with the rate of increase of the index known on the update date compared with the index that was known on the update date of the preceding year, and with respect to the first update date — compared with the index that was known on the date of commencement of this Law; the said amount shall be rounded to the nearest amount that is a multiple of ten new shekels; for this purpose, "index" means the Consumer Price Index published by the Central Bureau of Statistics.
(c)The Administrator shall publish in Reshumot (Official Gazette) a notice of the updated amount of the civil penalty under subsection (b).
Time for Payment of the Civil Penalty§
41.
The civil penalty shall be paid within 30 days of the date of delivery of the payment demand as stated in section 37.
Shekel Interest and Late Payment Fees§
42.
Where a civil penalty has not been paid on time, shekel interest and late payment fees shall be added thereto for the period of delay, until its payment, and the provisions of the Interest and Linkage Law shall apply, with the necessary modifications.
Appeal to the Magistrate's Court§
43.
(a)A payment demand may be appealed to the Magistrate's Court within 30 days of the date of delivery of the demand to the violator.
(b)The filing of an appeal under this section shall not stay the payment of the civil penalty, unless the Administrator has consented thereto or the court has ordered otherwise.
(c)Where the court has decided to allow an appeal filed under this section, after the civil penalty has been paid under the provisions of this Chapter, the amount paid shall be refunded together with shekel interest from the date of its payment until the date of its refund, and the provisions of the Interest and Linkage Law shall apply with respect to such interest, with the necessary modifications.
Publication of the Imposition of a Civil Penalty§
44.
(a)Where a civil penalty has been imposed pursuant to the provisions of this Chapter, the Administrator shall publish on the Ministry's website the details set out below, in a manner that ensures transparency with respect to the exercise of discretion in making a decision on the imposition of the civil penalty:
(1)the fact of the imposition of the civil penalty and its amount, the nature of the violation on account of which it was imposed and the circumstances thereof, the rate of reduction of the amount of the civil penalty — if it was reduced pursuant to the provisions of section 39 — and the circumstances on account of which it was so reduced;
(2)details concerning the business of the violator and the name of the business;
(3)the name of the violator, unless the violator is an individual; however, the Administrator may publish the name of a violator who is an individual if the Administrator considered it necessary for the purpose of warning the public, and the civil penalty was imposed on account of a violation related to the provision of a service to the public by the violator.
(b)The provisions of section 9 of the Freedom of Information Law, 5758-1998, shall apply to publication under this section, with the necessary modifications.
(c)Publication as referred to in subsection (a) in respect of a civil penalty imposed on a corporation shall be for a period of four years, and in respect of a civil penalty imposed on an individual — two and a half years.
(d)Where a civil penalty has been imposed pursuant to the provisions of this Chapter and an appeal has been filed against it, the Administrator shall publish the fact of the filing of the appeal and its outcome.
(e)The Minister may prescribe additional means for the publication of the details referred to in paragraphs (1) to (3) of subsection (a).
Preservation of Criminal Liability§
45.
(a)Payment of a civil penalty shall not derogate from criminal liability for the breach of a provision under this Law, as referred to in section 31.
(b)Where an indictment has been filed against a violator for the breach of a provision under this Law, as referred to in section 31, the Administrator shall not take proceedings against the violator under this Chapter, and if the violator has paid a civil penalty — the amount paid shall be refunded to the violator together with shekel interest from the day of its payment until the day of its refund, and the provisions of the Interest and Linkage Law shall apply to such interest, with the necessary modifications.
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