Bill 349.

Summary.

The bill establishes a mandatory return and refund system in the Republic of Panama (República de Panamá) for products marketed in PET plastic containers, aluminum cans and nonreturnable glass bottles. It excludes glass bottles covered by a manufacturer’s return and reuse system. Covered containers would have to display a refund notice, a unique barcode or QR code to prevent the return of containers from other countries, and the national system symbol authorized by MUO. The minimum refund would be 81.0.05 for a PET bottle or can of up to 1 liter and 8/.0.05 for a nonreturnable glass bottle or container larger than 1 liter. The amounts could be reviewed under the regulations.

The bill requires reverse vending machines, with an initial phase comprising at least one machine at every station of the Panama Metro (Metro de Panamá). Panama Metro, S.A. (Metro de Panamá, S.A.), in coordination with MUO, would manage installation and operation and could subcontract specialized companies. The machines would issue refund vouchers valid at affiliated supermarkets, banks or services. To control returns, the bill provides for a daily limit per individual or legal entity, identification requirements for large quantities, and fines of up to 8/5,000 for attempted fraud. Producers and importers would finance the refund system and machines, participate in a pooled fund regulated by MUO, and ensure collection and final recycling of the containers.

Unclaimed consumer refunds would fund environmental education, grants to small recycling businesses and recycling infrastructure in vulnerable communities. The State could offer tax incentives for machine installation, subsidies to certified redemption centers and public-private partnerships with logistics operators. MUO and ACODECO would impose fines from 8/1,000 to 8/25,000 for noncompliance, according to the severity of the violation. The Executive Branch (Órgano Ejecutivo) would issue regulations within six (6) months covering machine specifications, traceability controls and the allocation of funds and incentives.

The bill also requires high-density residential properties under the condominium regime, shopping centers and plazas, and institutions generating large volumes of waste to provide containers with capacities of 660 liters and 1100 liters. Containers would be color-coded by waste type; property managers and shopping center operators would be responsible for cleanliness, safety and visible labeling. Public and private waste collection trucks would need compatible hydraulic lifting arms. The requirement would cover all new vehicle purchases, while existing vehicles would be adapted within eighteen (18) months of publication of the regulations. Container purchase and installation could be financed through charges to co-owners, bills from collection and recycling companies registered with MUO, or State support, subject to regulatory conditions. The bill would take effect twelve (12) months after publication in the Official Gazette (Gaceta Oficial). Its provisions concern MUO, ACODECO, Panama Metro, S.A. and the Executive Branch, as well as producers, importers, retailers, waste operators, co-owners and communities in Panama (Panamá).