On June 24, 2015, the State Environmental Secretary of São Paulo published Ordinance No. 45/2015 on post-consumption liability, setting forth guidelines for manufacturers, importers, distributors and traders to implement and operate take-back systems in São Paulo.

The ordinance provides that the following list of products and packages are subject to take-back systems:

  • used and contaminated lubricating oil;
  • cooking oil;
  • filter of automotive lubricating oil;
  • automotive batteries;
  • portable batteries;
  • electronic products and its components;
  • fluorescent, sodium and mercury vapor, and mixed light lamps;
  • tires;
  • household drugs, expired or unused; and
  • packaging of:.
    • food;
    • beverages;
    • personal hygiene products;
    • fragrances and cosmetics;
    • cleaners;
    • pesticides;
    • automotive lubricating oil; and
    • other products by discretion of State Environmental Secretary and/or Agency of São Paulo.

Furthermore, the most important point is that the Ordinance sets forth that state licensing agency (CETESB) will only issue or renewal environmental licenses in case companies comply with such post-consumption liability rule.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.