EnglishEnvironmental Law

“PUBLICATION OF THE DECREE AMMENDING THE FEDERAL DISTRICT WASTE LAW, REGARDING THE CIRCULATION AND SALE OF SINGLE USE PLASTICS, IN THE MEXICO CITY OFFICIAL GAZETTE”

Last June 25st, 2019 the Decree adding and reforming several provisions, regarding use of plastics and compostable products, of the Law of Solid Wastes of the Federal District (the Decree) was published in the Official Gazette of Mexico City. The Decree entered into force on the 26 of the same month and year.

The Decree sets forth the prohibition to commercialise, distribute and hand over to the consumer:

1.Plastic bags, at points of sale of goods or products, unless the bags are compostable. This prohibition will not apply to plastic bags needed by reasons of hygiene or when they prevent food waste if there are no compostable alternatives.  

2. The following non-compostable products when they are manufactured, totally or partially, with plastic and which design was intended for their disposal after a single use:

  • Forks.
  • Knives.
  • Spoons.
  • Mixersticks.
  • Plates.
  • Straws (unless the straws are intended for medical assistance purposes).
  • Buds for cotton swabs.
  • Balloons and balloon rods.
  • Cups and their lids.
  • Transporting food trays.
  • Tampon applicators.

3. Products containing micro-plastics added intentionally.

4. Single-use coffee capsules manufactured with plastic materials with a low potential for use.

The Decree entered into force on June 26 this year. However, the plastic bans will take effect as follows:

  • The prohibition of commercialising, distributing and handing over plastic bags to consumers at points of sale of goods or products, starting next 2020.
  • The prohibition of commercialising, distributing and handing over non-compostable products when manufactured, totally or partially, with plastic and which design was intended for their disposal after a single use such as forks, knives, spoons, mixer sticks, plates, straws, buds for cotton swabs, balloons and balloon rods, cups and their lids, transporting food trays and tampon applicators, as of January 1st, 2021.
  • The prohibition of commercialising, distributing and handing over products containing micro-plastics added intentionally, as of January 1st,2021.
  • The prohibition of commercialising, distributing and handing over single-use coffee capsules manufactured with plastic materials with a low potential for use, as of January 1st, 2021.

The Ministry of Education, Science, Technology, and Innovation of Mexico City shall implement, within the 180 days following the publication of the reform, an advice program for the single-use plastic manufacturers with the purpose of them conducting a technological reconversion in which compostable plastical alternatives are developed. For such purposes, the Expenditure Budget must foresee an adequate budgetary provision to conduct these activities.

We consider that, regardless of the positive effects that this type of measures has towards the environment, their implementation may cause a significant impact in the activities of commercial, industrial or services establishments that use or distribute this type of products in Mexico City as well as for their manufacturers, if they are not implemented properly by the authorities.

The Environmental Law Practise of the firm will be pleased to provide any additional information on the topic.

SINCERELY,

Daniel del Ríodelrio@basham.com.mx
Ricardo Evangelistarevangelista@basham.com.mx
Mariana Arrietamarrieta@basham.com.mx

Mexico City, July 8th, 2019.

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