Latin America: an update on EPR legislation in 2025
by Jennifer Brook at 09:10 in Circular Economy, Packaging, Environmental
Latin America: a cultural region where a common language meets a vast geographical area; a region united by the citizens speaking Spanish or Portuguese, except the language has evolved slightly differently in each country – as has the legislation for Extended Producer Responsibility (EPR). 'Latin America' is often defined as the cultural region spanning both South America (except French and British Guyana and Suriname), Central America, Mexico in North America, and the Spanish-speaking islands of the Caribbean, namely Cuba and the Dominican Republic (and Puerto Rico, although it's officially an unincorporated part of the US). It's a huge area – and with regard to EPR legislation, whilst the different country's laws share some aspects, such as the phrasing 'Priority Products' for items obligated under EPR legislation, they vary a lot too.
In this blog, we'll give an overview of EPR regulations in some of the key countries across the region.
Chile
Chile has full mandatory EPR from Law 20.920 of 2016 as amended, and operates in a similar way to European countries with EPR legislation two decades old. There are Producer Responsibility Organisations (PROs) in Chile, the most popular of which being ReSimple, and producers of packaged products are required to submit reports to a PRO showing the weight of packaging they placed on the market in the previous year. The data must cover both household and non-household packaging, and packaging for both hazardous and non-hazardous products.
Colombia
Colombia has mandatory EPR legislation, but no authorised PROs yet; at least one entity is in the stage of conducting a needs assessment to identify material flow costs and propose EPR fees, but until that is finalized, they cannot be officially approved. Currently, producers of packaged products have to report the weights of the packaging they place on the market straight to the government, through the department 'ANLA' (the National Authority for Environmental Licenses). The required structure of this report is set out in law, through Resolution 1342 of 2020.
Brazil
Brazil has legally mandated producer responsibility – not in the same form as in Europe, but in the form of a Reverse Logistic System. This has a similar ethos, that producers should be responsible for the waste they place on the market, but the two main obligations for producers are to make a Reverse Logistics report to the government, and to purchase recycling certificates to prove take-back of the waste placed on the market. There are multiple, smaller, sector-specific groups in place of European-style PROs, called Reverse Logistic Organisations, each of whom have signed a sectoral agreement to represent that sector. Producers should sign up to as many as are applicable to them. Examples include ABRE (the Brazilian Association of Packaging); ABIR (the Brazilian Association of Soft Drinks and Non-Alcoholic Beverages); ABIPLAST (the Brazilian Association of Plastics Manufacturers); and others.
Mexico
Mexico has a national framework for EPR legislation, but requirements are specific per state. The National Solid Waste Management Law, last updated in 2015, lists certain 'Special Wastes' subject to the regulations (including packaging), but provides power to individual states to create Integral Waste Management Systems for that waste. Not every state has published details on how to implement EPR systems. As such, producers placing packaged products on the market in Mexico should follow the available laws passed in each Mexican State that they sell into, as well as consulting national legislation.
Peru
Peru does not have EPR legislation, but it does have a single-use plastic (SUP) ban. Since 2021, this law has banned SUP foodservice ware, plastic carrier bags, and beverage straws (apart from those used for medical purposes) under all their terms – sorbetes, pajitas, pitillos, popotes, cañitas… Todos.
Bolivia
Bolivia has framework EPR legislation released under Law 755 of 2015, meaning they have published a national law calling for EPR, but no further details have yet been mandated. Until implementing regulations are passed, Bolivia cannot move forward with practically mandating EPR action from packaging waste producers.
How to keep track?
Do you sell packaged products into Latin America? Might your packaged products be in scope of Extended Producer Responsibility legislation in this region? If you would like help understanding the laws in this region, or require help making and sending EPR reports here or anywhere across the world, please reach out to one of our consultants today.
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