Brazil: State decree that institutes the general regulation of take-back system in the state of Maranhão is published

In brief

State Decree No. 38.140/2023 (“Decree“) was published earlier this month (March, 6th 2023). It establishes the general regulations for the take-back system in the state of Maranhão. In summary, this Decree establishes the obligations and rules for structuring and implementing take-back systems for the products it specifies.

More details

The Decree establishes guidelines for structuring and implementing the take-back system of packaging in general for individuals or legal entities of public or private law that manufacture, supply, acquire, own, import, market, distribute or deliver for consumption products that, after use, generate solid waste within the state of Maranhão.

This Decree maintains concepts and obligations that already apply to the business sector (i.e., manufacturers, importers, distributors and/or traders of products and packaging), defined by federal regulations.

The text also establishes that the participation of cooperatives, associations and organizations of collectors of recyclable materials should be considered preferential when composing the sets of take-back systems (RLS) operators of the take-back systems (RLS), in line with recent publications at the federal level (Federal Decrees No. 11,413 and No. 11,414).

Thus, manufacturers, importers, distributors and traders will be responsible for structuring and implementing RLS and observing the specific obligations of each participant and, independently, of the urban cleaning public service.

The state environmental agency may establish additional criteria and guidelines, as well as its own procedural steps and processes, and may design specific cut-off lines and targets to maximize the efficiency of the actions. Moreover, compliance with the Decree’s provisions may be required as a condition for issuing or renewing the environmental license.

Both the managing entities and those responsible for individual models must report the data, information and results obtained with the actions taken when presenting the take-back system plan and the take-back system plan supporting report to the State Secretariat of Environment and Natural Resources (SEMA/MA). The take-back system plan must be submitted by 31 March of each year, and the take-back system plan supporting report by 31 January.

These plans must include progressive and quantitative targets, expressed in percentages and by group of recyclable packaging, for the recovery of packaging placed on the state market. Furthermore, these should be in line with the regulations, sectorial agreements and terms of commitment at the national level and should contain a proposal for a progressive increase.

Finally, the new Decree, which is already in force, states that the nonfulfillment or irregular fulfillment of its provisions will result in the penalties provided for in the environmental legislation, without prejudice to the determination of civil and criminal liability.