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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 Campetti Amaral joined the firm in 2002 and became a partner in 2013. As a Senior Partner, she is the Head of the Environment, Climate Change and Sustainability practice group in Brazil. She coordinates the sustainability initiatives conducted by the office. In the environmental and sustainability area, she coordinates several of the biggest cases of contamination and environmental regularization in the country. Renata provides advice on negotiations with authorities; judicial and administrative litigation; review of environmental aspects of financial institutions and operations; drafting and negotiation of environmental provisions in contracts and other commercial operations. She has vast experience in dealing with environmental management, legal audit and other organizational practices; regulatory and institutional analysis and environmental control; negotiation and implementation of environmental remediation plans; environmental licensing; legal aspects of biodiversity protection; environmental crisis management; development of preventive policies and strategies for companies; negotiation and drafting of contracts for the purchase and sale of carbon credits. In matters related to Consumer Law, she conducts analysis of aspects of Consumer Law in contracts and commercial transactions, judicial and administrative litigations; works on the negotiated solution of matters related to Consumer Law; celebration of agreements with competent authorities; analysis, planning and supervision of legal aspects of recalls; marketing strategies and campaigns; aspects of Consumer Law in electronic commerce and in matters related to information technology and on the development of preventive policies and strategies for companies. Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

Author

Giovani Bruno Tomasoni joined the Firm in 2008 and became partner of the Environment, Consumer and Sustainability practice group in 2020. He practices with focus on Environment, Public Law, Energy, Forestry, and helps clients in the internalization of concepts such as sustainability, ESG, circular economy, environmental compliance, among others. Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

Author

Walter Hellmeister is an Of Counsel in Trench, Rossi e Watanabe Advogados, São Paulo office. Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

Author

Manuela Demarche joined the Firm in 2017 and is a Senior Associate of the Environment and Sustainability practice group, with focus on Environmental Law, Sustainability, ESG and Climate Change. Manuela Demarche has a wide breadth of experience in matters related to environmental liability and licensing proceedings – especially regarding mitigating and compensatory measures, intervention by interested third parties, risk mitigation and protected areas – and advises clients in relevant cases to the current Brazilian scenario, comprehending consultations, due diligences, administrative and judicial matters related to environmental regularization (air pollution, effluents, solid waste, contaminated lands), circular economy, implementation of take-back requirements and product life-cycle, biodiversity, crisis management and definition of strategies under broad legal focus. Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

Author

Alexandre Salomão Jabra joined the firm in 2010. He integrates the environmental, consumer and sustainability practice group, with focus on consultancies, administrative procedures lawsuits and negotiations. In the environmental area, Alexandre has a wide breadth of experience in cases involving contamination, environmental and urbanistic licensing procedures, environmental liability, management of solid wastes and take-back requirements, effluents, electromagnet pollution, air emissions, forestry matters, protected areas and minorities, biodiversity, controlled chemicals products, socio and environmental liability of financial institutions, climate change, carbon markets and urbanistic regularization. In the consumer area, Alexandre has experience with consultations, administrative and judicial procedures related to Consumer Law issues with federal, state and municipal agencies, such as DPDC, PROCONs, Public Prosecutors and Municipalities involving recall, offers, data protection, misleading and abusive advertising, privacy, e-commerce, abusive clauses, commercial practices, terms and conditions and violations to the Brazilian Consumer Defense Code. Alexandre represents several clients in the oil&gas, automotive, chemicals, technology, food, communications, mining, finance and services sectors. Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.