CONSEMA resolution defining the guidelines for implementing reverse logistics systems for packaging in general in Rio Grande do Sul published

In summary
On 5 December 2023, CONSEMA Resolution No. 500/2023 (“Resolution“) was published, establishing the guidelines for implementing reverse logistics for packaging in general in the state of Rio Grande do Sul. In summary, this Decree follows the trend in other states — conceptualizing and specifying the procedures and obligations for structuring reverse logistics systems in line with the National Solid Waste Policy.

More details

CONSEMA Resolution No. 500/2023, which establishes the guidelines for the implementation of reverse logistics systems for packaging in general in Rio Grande do Sul, establishes the obligation to structure and implement reverse logistics systems for manufacturers, importers, distributors and traders who generate packaging as waste, without depending on the public urban cleaning and solid waste management service.

In terms of setting targets for recycling materials, the Resolution does not establish a specific guideline, indicating only that the rates should not be lower than those stipulated in the National Solid Waste Plan  ̶  Planares (established by Federal Decree No. 11.043/2022) in sectoral agreements or in terms of commitment at national or state level.

In the context of actions to encourage the reuse of solid waste, the measurement of the recovery of returnable packaging may be taken into account for the fulfillment of reverse logistics targets, as long as its regulation is established by a specific standard or commitment agreement.

Similarly, no specific target was set for the percentage of recycled content in packaging. It was only determined that the use of recycled content in primary and secondary packaging could be taken into account when meeting reverse logistics targets in the state — encouraging the recycling market — as long as its regulation is established by a specific standard or commitment agreement.

Also noteworthy is the importance of the participation of retailers, especially of large markets that sell products with third parties using their brand, since they will be equated with manufacturers.

In a unique way, the Resolution establishes that reverse logistics systems for the packaging of expired or unused medicines for human use, as well as for the packaging of electrical and electronic products and their components for domestic use, must follow existing national regulations.

Finally, it is established that the state environmental agency must implement and make available to interested parties, within 120 days of the publication of the Resolution, the register of collective or individual models of reverse logistics systems.

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