Summary.
The bill adds three numbered items to Article 9 of Law 187 of December 2, 2020, which governs the gradual reduction and replacement of single-use plastics. The added products are disposable plastic cups, disposable flat plastic lids with a straw slot, and single-use plastic food containers. Each product has its own numbered item: cups under item 12, lids under item 13, and food containers under item 14. Adding these products would extend the scope of the reduction and gradual replacement provisions of Law 187 of December 2, 2020.
The bill then adds item 4 to Article 10 of that law. The new item sets transition periods measured from the promulgation of the proposed law. For the disposable plastic lids listed under item 13, the period is eighteen (18) months. For the disposable plastic cups listed under item 12, it is twenty-four (24) months. For the single-use plastic food containers listed under item 14, it is thirty-six (36) months. Article 10 would thus assign a separate period to each newly listed product. All three periods would be measured from promulgation and refer to the items added to Article 9.
The bill also directs the Executive Branch (Órgano Ejecutivo), acting through the Ministry of Environment (Ministerío de Ambiente), to update Executive Decree No. 9 of May 6, 2022, which implements Law 187 of December 2, 2020. The update must be made within a maximum of one hundred eighty (180) calendar days from the promulgation of the proposed law. Its purpose is to incorporate procedures for certifying sustainable alternatives and provisions applicable to the three products added to Article 9. This provision connects the expanded product list with the procedures and rules in the implementing regulations.
The final provision restates the additions to Articles 9 and 10 of Law 187 of December 2, 2020. For matters the amendment does not address, it refers to Law 187 of 2020, Executive Decree No. 9 of 2022, and related provisions. The bill also provides that the proposed law would take effect upon promulgation, subject to the transition periods added to Article 10. The public bodies concerned are the Executive Branch and the Ministry of Environment. The subject matter may also concern sectors that produce, distribute, or use disposable cups, lids with straw slots, food containers, and sustainable alternatives.
What it proposes.
- Expansion of the products subject to the gradual reduction and replacement of single-use plastics.
- Transition periods for three plastic products.
- Regulatory updates and certification of sustainable alternatives.
Who it would affect.
- Those who produce, distribute, or use disposable plastic cups.
- Those who produce, distribute, or use disposable flat plastic lids with a straw slot.
- Those who produce, distribute, or use single-use plastic food containers.
- The Executive Branch and the Ministry of Environment.
Key points.
- Adds disposable plastic cups to Article 9 as item 12.Art. 1
- Adds disposable flat plastic lids with a straw slot and single-use plastic food containers to Article 9 as items 13 and 14.Art. 1
- Sets, from promulgation, eighteen (18) months for lids, twenty-four (24) months for cups, and thirty-six (36) months for food containers.Art. 2
- Directs the Executive Branch, through the Ministry of Environment, to update the implementing decree within a maximum of one hundred eighty (180) calendar days from promulgation.Art. 3
- The regulatory update would include procedures for certifying sustainable alternatives and provisions applicable to the newly listed products.Art. 3
- Restates the additions to Articles 9 and 10 and refers matters the amendment does not address to Law 187 of 2020, Executive Decree No. 9 of 2022, and related provisions.Art. 4