NEW LOCAL LAW ESTABLISHES RULES ON TAKE BACK SYSTEM IN THE MUNICIPALITY OF SÃO PAULO

The Municipal Law No. 17,471/2020 was published this last Thursday (October 01, 2020), and establishes the mandatory implementation of the take back system in the Municipality of São Paulo to be held by producers, importers, distributors and sellers of the following products and their packaging:

(i) used and contaminated lubricating oil and its residues;

(ii) lead-acid batteries;

(iii) portable batteries;

(iv) electronic products and their components;

(v) fluorescent, sodium and mercury steam and mixed-light bulbs, as well as LED bulbs and equivalent;

(vi) useless tires;

(vii) packaging composed of plastic, metal, glass, steel, paper, carton, included the blended, multi-layer and laminated ones;

(viii) pesticides and their residues, as well as other packaging which constitute hazardous waste after use;

(ix) edible oil;

(x) useless or expired home care medicines;

(xi) vehicle filters.

The law establishes that the volume to be recovered has to be proportional to the volume put in the local market. It also recognizes that defines progressive, intermediate and final goals established by Sectorial Agreements or Terms of Commitment have to be observed.

Specifically for general packaging, the new rule provides that by December 2024, 35% of the volume put into the local market in 2023 must be recovered. The progressive goals were vetoed.

Even though the cited recovery goal expressly mention general packaging, it is not clear whether the percentage amount should also apply to other products covered by the law.

Finally, the Law provides that the actions of the holder of the public service of urban cleaning and solid waste management must be adequately remunerated, if it assumes activities under the said responsibility of producers, importers, distributors or sellers regarding take back system.