New prohibitions come into force with regard to single-use plastics and disposable containers or packaging

In Brief

On 20 December 2018, Law No. 30884 regulating single-use plastic and disposable containers or containers (“Law") entered into force, establishing progressive bans on the consumption of single-use plastics, non-reusable plastics and expanded polystyrene (EPS) packaging, with the aim of reducing the adverse impact on human health and the environment generated by these materials.

Three years after the Law became effective, the following provisions of the Law have entered into force starting 20 December 2021:

In Depth

Polymer-based plastic bags

• Prohibition on the manufacture for domestic consumption, import, distribution, delivery and consumption, under any modality, of: (i) non-reusable polymer-based plastic bags; and (ii) of polymer-based plates and other utensils for food and beverages for human consumption that are not recyclable, and whose degradation generate pollution by microplastic or hazardous substances
• Prohibition of the manufacture for domestic consumption, import, distribution, delivery, marketing and use of expanded polystyrene containers and cups for food and beverages for human consumption

The following products are exempt from the above prohibitions:

1. Polymeric-based bags to contain and transport bulk food or food of animal origin, as well as those that for reasons of asepsis or safety are used to contain processed or pre-processed food or wet inputs, in accordance with the applicable rules on the matter
2. Polymeric-based bags where their use is necessary for reasons of cleanliness, hygiene or health, in accordance with the applicable rules on the matter
3. Polymeric-based straws that are used for medical need in establishments that provide medical services, those that are necessary for people with disabilities and older adults, and polymeric-based straws that are part of a product as a sales unit and can be recycled with the packaging

Polyethylene terephthalate (PET) bottles

• Manufacturers of PET bottles for beverages for human consumption, personal hygiene and similar purposes shall include PCR recycled PET material in at least 15% of its composition.
• Packers of PET bottles for beverages for human consumption, personal hygiene and others, must use PET-PCR bottles that comply with the provisions of the previous paragraph.
• Importers of inputs for the manufacture of polyethylene terephthalate (PET) bottles for carbonated drinks, soft drinks, water, energizers and other similar beverages must comply with the provisions of the previous paragraph.

Similarly, starting in 2022, the consumption tax on plastic bags will amount to PEN 0.40 per acquisition of a plastic bag.