Law 8,151/18, which creates the State Packaging Reverse Logistics System, was published on 11/05/2018.
Under this Law, companies that produce, import or sell packaging or packaged products in Rio de Janeiro are responsible for managing and financing the reverse logistics of these materials, in proportion to the amount of packaging they place on the state market.
Distributors and retailers without physical stores, including those operating on electronic platforms, e-commerce, distance selling and catalog sales, must also comply with the legislation.
The Law will enter into force in 180 days.
Within this period, companies must submit a Targets and Investments Plan, whose minimum level will be the one established nationally by the national sectoral agreement on the reverse logistics system for packaging in general.
Companies are also required to report annually to the Government, directly or through representative entities, the quantity of packaging placed on the market in the State and the percentage actually sent to recycling industries.
Vetoes – Three articles were vetoed and will now be sent to Alerj (the State Legislative Assembly). It is worth noting that it is not unusual for the Assembly to override vetoes by the Executive:
- Art. 7 – Requires companies to sponsor selective collection, recovery and sorting operations for packaging, as well as its return logistics. It also requires the sponsorship of awareness campaigns.
- Art. 9 – Provides that the Executive will set recycling targets every two years for packers and importers of packaged products.
- Art. 16 – Provides that the Executive will set the penalties for non-compliance with the Law.
This State Packaging Reverse Logistics System will apply to all packaging of products consumed in the State of Rio de Janeiro that makes up the dry fraction of urban and similar solid waste, whether produced or sold in the State and regardless of its material.
Accordingly, from May 4, 2019, companies that produce, import or sell packaging or packaged products must: a) implement and operate the packaging reverse logistics system, individually or collectively; b) ensure that the reverse logistics system covers the quantity of packaging demonstrably placed on the state market; c) promote and finance environmental awareness campaigns; d) report annually the volume of packaging placed on the Rio de Janeiro market and the percentage actually sent for recycling through the Packaging Declaration (ADE); e) submit a Targets and Investments Plan to INEA (the Rio de Janeiro state environmental agency), observing the minimum targets and investments established by the Sectoral Agreement on packaging in general signed with the Ministry of the Environment; f) distributors and retailers without physical stores, including those operating on electronic platforms, e-commerce, distance selling and catalog sales, must also adapt to the Law; g) those who sell products directly to consumers are not required to implement and operate a reverse logistics system, but must cooperate with small and medium-sized retailers to facilitate the provision of space for voluntary drop-off points (PEVs).
Municipalities responsible for urban cleaning and urban solid waste management may benefit from investments related to companies’ reverse logistics systems or from financial compensation to be agreed between the parties, provided that waste pickers’ cooperatives or associations are hired for household selective collection.
The Law provides that violations of its provisions must be reported to INEA and to the State Public Prosecutor’s Office.
Packaging of pesticides, lubricating oils and medicines is excluded from the scope of the Law.
Please contact us with any questions.