New packaging obligations for producers in Brazil

8 March 2023

In December last year, two states in Brazil – Paraiba and Pernambuco – adopted legislation to establish the guidelines for the reverse logistics of packaging in general.

State Decree No. 43,346 of 29th December 2022 provides for the implementation, structuring and operation of a reverse logistics system for packaging in the State of Paraiba. It makes producers, importers, distributors, and traders of products that generate packaging waste subject to a series of obligations.

According to the Decree, reverse logistics systems shall be registered with the Environment Administration Superintendence (SUDEMA), and shall provide for communication and environmental education plans, as well as progressive and quantitative targets. Targets cannot be lower than those established in the National Solid Waste Plan or in sectoral agreements and terms of commitment at national and state level.

To comply, obligated companies shall submit an Annual Performance Report, including a third-party audit statement, to SUDEMA on 30th June each year.

State Decree 54,222 of 23rd December 2022 extends the scope of packaging subject to reverse logistics to packaging in general in the State of Pernambuco – and complements existing legislation already implementing a system of reverse logistics for some types of packaging (e.g. plastic bottles).

The Decree places obligations on manufacturers, importers, distributors, and traders of products that, after being used by the consumer, generate packaging waste. Likewise, it also requires reverse logistic systems to be registered with the Companhia Pernambucana de Controle da Poluição Ambiental e de Administração de Recursos Hídricos (CPRH) within 24 months. The new Decree also provides for progressive and quantitative targets, not lower than those established at national or state level.

Paraiba and Pernambuco are two of the Brazilian states covered by Landbell Group’s regulatory tracking service. Find out more about the service here.