State decree that institutes the general regulation of reverse logistics in the state of Rio de Janeiro is published

In brief

State Decree n. 48.354/2023 was published earlier this month (3 February 2023) establishing the general regulations for the reverse logistics system in the state of Rio de Janeiro. In summary, this decree establishes the obligations and rules for structuring and implementing reverse logistics systems for the products it specifies.

More details

The Decree n. 48.354/2023 institutes the general regulation of reverse logistics in the state of Rio de Janeiro, with the provision of common rules and obligations for structuring and implementing reverse logistics systems of the following:

• Pesticides (their waste and packaging)
• Batteries, tires, lubricating oils (their waste and packaging)
• Fluorescent lights, sodium and mercury vapor and mixed light bulbs
• Electro-electronic products and their components
• Household medicines and their packaging
• Packages in general
• Other products whose packaging, after use, constitutes hazardous waste.

However, there is no express provision for minimum targets for each product and/or package.

In general, the decree maintains concepts and obligations already applicable for the business sector (i.e., the manufacturers, importers, distributors and/or retailers of the products and packages in question), defined at the federal level.

Thus, manufacturers and importers will be responsible for the installation and maintenance of voluntary delivery points (VDPs), the environmentally adequate destination of the waste received and collected, the information on the objective criteria for the target proposals and the receipt of the waste returned by retailers and distributors.

The distributors will be responsible for encouraging the adhesion of the retailers, transporting the residue to the manufacturer/importer, and returning the collected residue to the manufacturers and importers.

On the other hand, retailers will be responsible for providing a free place to install the VDPs, returning the collected waste to manufacturers and importers, and providing information to consumers, and consumers will be responsible for segregating and disposing products and packages appropriately in the VDPs.

The information about the fulfillment of obligations must be presented until 31 March of each year, through an online platform, containing the results of the respective reverse logistics system from 1 January to 31 December of the previous year.

The surveillance and inspection of the obligations of structuring and implementing reverse logistics systems will be the responsibility of the State Secretariat of Environment and Sustainability (SEAS), as well as the State Environmental Institute (INEA).

The new decree states that the obligations must be included as a specific condition of the environmental licenses of the enterprises subject to licensing, and that to ensure isonomy as to the obligations imposed on the business sector, the sectorial agreements, the terms of commitment and the reverse logistics plans prior to its entry into force must be reviewed.

It is worth noting that the new decree will come into effect only 120 days after its publication, i.e., on 3 June 2023.

During this period, SEAS and INEA will have to edit joint resolutions with standard drafts for sectorial agreements and terms of commitment, reverse logistics plans, social communication and environmental education plans, as well as annual reports.

Failure to comply with the obligations foreseen in the new decree will lead to the imposition of penalties stated by the Federal Law 9.605/1998 and State Law 3.467/2000, which establish criminal and administrative penalties for harmful conducts to the environment.