Destination… Brazil

Federal EPR system for plastic packaging in force

The Plastics Decree (12.688/2025) – in force from 21 October 2025, with first targets applying in 2026 – establishes a dedicated federal EPR-based waste management regime for plastic packaging.

The decree embeds plastics within a similar framework and architecture to glass, but with stronger federal oversight and some additional requirements, imposing the same broad EPR-based requirements:

• producer-financed
• integrated in the National Information System on Solid Waste Management (SINIR), and
• federally governed

Key points of the decree include:

Scope

The decree covers all plastic packaging (primary, secondary, and tertiary) and plastic products (for example, plates, cups, and cutlery ‘contained in the dry fraction of municipal solid waste’).

It excludes packaging already regulated under other decrees (for example, EEE, medicines, pesticides, lubricating oils) and mixed packs with paper or board.

Obligated entities

The decree’s EPR requirements apply to manufacturers/importers of products sold in plastic packaging (entities that place products on the Brazilian market in plastic packaging under their own brand, including importers) which bear the primary financial and operational responsibility for post-consumer collection and recycling.

Plastic packaging manufacturers (entities that produce or supply empty plastic packaging to other companies) play a complementary role and are not directly obligated, nor are they required to finance collection and recycling or meet the targets (see below).

Foreign entities

These entities are not directly obligated unless they have a registered legal entity in Brazil.

Compliance options

Manufacturers/importers must meet their financing and EPR requirements either collectively through authorised managing entities (PROs) or individually under equivalent conditions.

Targets

Progressive recycling targets are set with a federal minimum recycling rate and regional sub-targets.

The federal target measures the overall national recycling rate, while the regional targets are minimum levels that must be reached in each region (based on the mass of packaging put on the market and recycled locally).

For more analysis of the decree, and to track developments in Brazil, subscribe to Landbell Group’s Global EPR Information Services.