Bill 638.

Summary.

The bill amends Article 4 of Law 1 of January 19, 2018, which adopts measures to promote the use of reusable bags in commercial establishments. The proposed wording makes the Consumer Protection and Competition Defense Authority (Autoridad de Protección al Consumidor y Defensa de la Competencia) responsible for applying that law and overseeing the replacement referred to in its Article 2. It also requires the authority to verify that additional costs associated with supplying reusable bags or environmentally friendly alternatives are not passed on to consumers. This verification role accompanies the supply obligation developed in the next article of the bill.

The bill then amends Article 6 of the same law. Under the proposed wording, commercial establishments would have to supply consumers with reusable bags or environmentally friendly alternatives at no additional cost. Supplying them would form part of the service inherent in the sale of goods. The provision bars establishments from passing the cost of those bags on to consumers, whether directly or indirectly. To give effect to this obligation, the Consumer Protection and Competition Defense Authority would oversee compliance and establish the corresponding enforcement mechanisms. The provision thus connects the supply of bags or alternatives with oversight of the costs borne by consumers.

Next, the bill adds Article 6-A to Law 1 of January 19, 2018. This article would allow commercial establishments to implement reasonable measures to encourage responsible use of reusable bags. The measures could include limiting the number of bags supplied per transaction. Such a limit would be subject to two conditions: it must impose no cost on the consumer and must not unjustifiably restrict access to the service. The option to limit the bags supplied in a transaction is therefore framed within the obligation to provide them at no additional cost.

Article 4 of the bill sets out its amendments to Articles 4 and 6 and its addition of a new article to Law 1 of January 19, 2018. Article 5 provides that the proposed law would take effect on the day following its promulgation. Taken together, the provisions address the supply of bags when goods are sold, the costs borne by consumers, and oversight of commercial establishments.

The public body connected with the bill is the Consumer Protection and Competition Defense Authority, which would be responsible for applying the law, verifying costs, and overseeing compliance. The bill could concern commercial establishments that sell goods, consumers who receive bags in those transactions, and the sector supplying reusable bags or environmentally friendly alternatives.