Last 10 February 2020, the Ministry of the Environment of Mexico City (“SEDEMA”) published a statement informing that, to date, it has conducted a total of 12 diffusion and inspection operations in various shopping centres in the City, in order to verify that the commercial establishments are complying with the prohibition in matters of commercialization, distribution and delivery of plastic bags.
As a result of these operations, SEDEMA has inspected a total of 689 establishments, in 12 different shopping centres, of which a 6% (41 establishments) were forewarned for not respecting the abovementioned prohibition.
Some of the identified non-compliances incurred in by the forewarned establishments were:
- At Perisur Shopping Centre, for delivering “disposable” plastic bags.
- At Antara Fashion Hall, for delivering merchandise in plastic bags, some of them with the label “100% compostable bag” without support they were so.
- At Manacar, for exhibiting plastic bags in the cashiers’ area.
- At Antara Plaza, for offering plastic bags, some of them with the label “ReNew compostable bag”.
- At Buenavista Forum Plaza, for giving the consumer “disposable” plastic bags.
- At Universidad Plaza, some establishments delivered their food to their delivery men in “disposable” plastic bags.
- In Santa Fe Shopping Centre, for delivering their products in bags with the label “100% compostable”, without support they were so.
- In Coyocan Centre, for having, at the counter, plastic bags.
Although the secondary regulations in matters of plastic bags and single use plastics (Environmental Standard for the Federal District “NADF”) is still in its discussion and creation stage, SEDEMA is already exercising, rigorously, its inspection and surveillance powers with regards to the prohibition of commercializing, distributing and delivering plastic bags, which entered into force last 1 January 2020.
According to the Solid Wastes Act for the Federal District (currently Mexico City), the violations to the prohibitions in matters of commercialization, distribution and delivery of plastic bags can be sanctioned with one or more of the following penalties:
- Admonition or forewarning.
- Fine between USD $2,286.00 approximately ($ 43,400.00 Mexican pesos) and USD $9,145.00 approximately ($ 173,760.00 Mexican pesos).
- The environmental damage repair, if any.
The Environmental Law, National Waters and Climate Change Practise of the Firm will be pleased to provide any additional information on the topic.
Daniel del Río
Mexico City, February 17th 2020.