On November 5th, 2018, the State of Rio de Janeiro published Law No. 8151/18 ("Law"), setting forth the Take Back System ("TBS") regarding packages and packages' waste. The Law was enacted in compliance with the National Solid Waste Act.
TBS is applicable to all packages of products consumed in the State of Rio de Janeiro, which compose the dry fraction of the urban solid waste and similar, regardless of their origin and composition.
From May, the 4th of 2019:
- Companies that produce, import or
make available for sale packages or packed products should:
- Implement and operate TBS of individual or collective packaging, primarily in partnership with cooperatives and associations of collectors of recyclable materials.
- assure that the SLR will cover the quantity of packaging that has been proven to be placed on the state market;
- promote and finance environmental awareness campaigns;
- annually declare the volume of packaging placed on the market in Rio de Janeiro and the percentage actually sent for recycling through the Declaratory Packaging Act ("ADE");
- present the Investment and Project Plan ("PMI") to INEA, observing the minimum level of goals and investments established by the sector agreement regarding packages in general signed with the Ministry of The Environment ("MMA").
- Distributors or Sellers that:
- do not have physical establishments, including those operating in electronic platforms, e-commerce, distance selling and catalog sales must also comply with the Law.
- Sell products directly to the consumer (exclusively B2C sales) are not subject to implement and operate SLR, however, they must cooperate with small and medium retailers to facilitate the assignment of spaces for the installation of voluntary delivery points ("PEVs").
Municipalities that are responsible for urban cleaning and urban solid waste management may benefit from the investments related to SLRs or financial compensation to be agreed between the parties, provided that cooperatives or collectors associations are hired for selective household collection.
The Law states that infractions of its provisions must be communicated to INEA and to the Public Prosecutor´s Office.
Pesticides, lubricants and drugs packages are not subject to the Law.
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.