Lorax Compliance Ltd

Lastest updates in South American Extended Producer Responsibility

Lastest updates in South American Extended Producer Responsibility
by Ellen Thornton at 14:51 in Emerging, Environmental, Packaging, Battery

Extended producer responsibility and general waste legislation has been developing continually in Latin America for a few years now. Here is a summary of the latest and most significant legislative updates.

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In Brazil, Law No. 8151 of 1​ November 2018 established the system of reverse logistics of packaging and packaging waste, within the scope of the State of Rio Janeiro. The Law applies to all packaging for the products consumed in the territory, whether produced or simply marketed in the State, regardless of the material used, and also to the residues of those packages that are susceptible to collection, treatment and processing by existing or new systems to facilitate compliances with existing legislation. It should be noted that the law does not apply to the packaging of pesticides, lubricating oils and medicines. The financing, implementation and operation ​​of the Reverse Logistics System will take place through a set of actions, programs, investments, technical and institutional support by the companies that produce, import or market packaging's or packaged products in the State, primarily in partnership with cooperatives and associations of collectors of recyclable materials. Companies covered by this law are responsible to promote and fund environmental awareness campaigns so that consumers act in the prevention and correct separation and proper destination of the packaging. Companies that produce, import or market packaging or products packaged in the State must comply with this Law and are responsible for the management and financing of the reverse logistics of these materials. In addition, distributors and merchants that do not have commercial establishments, including those that operate in electronic platforms, e-commerce, distance selling and catalogue sales, must also comply, based on the criteria established by Law. This Law will enter into force within 180 days from the date of publication.

Furthermore, in Brazil, the Ministry of Environment published a used/expired medicine take-back Draft Decree, open for public comment until December 19, 2018. In the State of Sao Paulo, the Legislative Assembly Bill No. 631/2018 would prohibit the provision of plastic straws in commercial establishments.

Elsewhere in Latin America, the Senate Bill No. 4168/18 in Argentina would establish legal provisions for the management of used batteries. In addition, the Senate Bill No. 4015/18 would establish provisions for the integrated management of urban solid waste. In Colombia, the Ministry of Environment published the Environment Sector Action Plan to eliminate Mercury by 2023. In Costa Rica, the Legislative Assembly Bill No. 21027 would modify the Law for the Integrated Management of Wastes (No, 8839/2010) to prohibit the provision of disposable plastic bags in commercial establishments. In Ecuador, a bill has been proposed in the Legislative Assembly which would stablish the Organic Law for the Sustainable Use, Recycling and Responsible Disposal of Containers and Packaging.

In Peru, the Supreme Decree No. 013-2018-MINAM approves the reduction of single use plastic and promotes the responsible consumption of plastic. This Decree prohibits the acquisition, entry and use of single-use plastic bags, plastic bags composed of dangerous substances and expanded polystyrene. In addition, the use pf plastic bags or wrappings for the delivery of printed information will also be prohibited. The following are exempt from the prohibitions: single-use plastic bags used to contain and preserve bulk foods, foods of animal origin and pre-processed or prepared foods; single-use plastic bags designed for the disposal of waste; single-use plastic bags when their use is necessary for hygiene or health; plastic straws that are necessary for medical reasons. Furthermore, the Ministry of Health published a draft Technical Standard for the Integrated Management of Solid Waste in Health Service Establishments via Resolution No. 945-2018/MINSA.

If you have any questions about waste legislation in Latin America, please contact us to speak to one of our consultants. If you're interested in reading more articles and blogs like this one, sign up to receive our free monthly digest.​

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