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In brief

State Law No. 11,326/2020 came into force on November 22, 2020, establishing the obligation for producers, importers, distributors and sellers to implement the take-back system of several post-consumption products and their packaging sold in the Brazilian State of Maranhão.


Recommended actions

Even though most of the obligations established by the state law are already in force as of federal regulation, it innovates by establishing take-back requirements for edible oils and automotive filters, which have not been established previously by the federal government. We recommend companies with operation in the State of Maranhão to pay attention for the new obligations.

In more detail

The new state law, which articulates with the National Policy on Solid Waste (Federal Law No. 12,305/2010), provides for the obligation to structure and implement take-back systems for products and its packaging that are already regulated at federal level, such as tires, batteries, electronics, pesticides and general packaging, innovating only by adding the obligation to implement such systems for edible oils and automotive filters. Moreover, Sectorial Agreements and/or Terms of Commitment signed at the federal level will be admitted for demonstrating compliance with the obligations set forth by the state law.

Considering, however, its contents are generic, i.e. it does not establish with details how the systems shall operate, the law is expected to be regulated by a governmental decree.

Our Environment, Sustainability and Climate Change Team is available to offer further assistance on the matter.

Click here to read in Portuguese.

Author

Renata Amaral is a Partner in Baker McKenzie Sao Paulo office.

Author

Giovani Tomasoni is a Partner in Baker McKenzie São Paulo office.

Author

Walter Hellmeister is an Of Counsel in Baker McKenzie São Paulo office.

Author

Manuela Demarche is a Senior Associate in Baker McKenzie São Paulo office.

Author

Alexandre Jabraa is a Senior Associate in Baker McKenzie São Paulo office.