Brazil Publishes Federal Decree Establishing Reverse-Logistics System for Plastic Packaging
The Brazilian government has published Federal Decree No. 12,688/2025, regulating provisions of Federal Law No. 12,305/2010 (the “National Policy on Solid Waste”) and establishing the nationwide reverse-logistics system for plastic packaging. The decree, which was submitted for public hearing in 2022, sets forth criteria for structuring, implementing, and operating the reverse-logistics system for plastic packaging, either individually or collectively, by means of returning packaging after consumer use, independently of public urban cleaning and solid waste-management services.
The reverse-logistics system—which is the responsibility of manufacturers, importers, distributors, and retailers—covers primary, secondary, and tertiary packaging, as well as equivalent plastic products, and will prioritize cooperatives, associations, and other forms of popular organization of waste pickers in the structuring, implementation, and operation stages. The decree does not cover packaging: (i) of household electrical and electronic products and their components; (ii) of medicines; (iii) subject to the reverse-logistics system for pesticides; (iv) subject to the reverse-logistics system for lubricating oils; and (v) that contains paper or cardboard in its composition.
Reverse-logistics systems may include: voluntary drop-off points; selective collection; cooperatives, associations, and organizations of waste pickers; beneficiation facilities; sorting facilities; resin manufacturing units; post-consumer plastic packaging commercialization; collection campaigns; and the issuance of the Reverse Logistics Recycling Credit Certificate, the General Packaging Structuring and Recycling Certificate, and the Future Mass Certificate, as provided for in Federal Decree No. 11,413/2023.
Among other matters, annual quantitative targets (minimum percentages) were established at regional and national levels for the recovery rate of plastic packaging, relative to the amount (by mass) placed on the market. The responsibility of manufacturers, importers, distributors, and retailers will be determined proportionally to the mass of plastic each has placed on the market in each region, in accordance with minimum regional and national percentages. The decree also sets national minimum percentages as quantitative targets for the rate of recycled content incorporated into plastic packaging, as well as geographic/demographic targets for installing voluntary drop-off points in municipalities.
In addition, manufacturers and importers should ensure the environmentally appropriate disposal of waste resulting from the sorting of plastic packaging. Responsibility for such disposal cannot be transferred to cooperatives or other reverse-logistics operators, unless provided for in specific contracts. Within 90 days, the Ministry of the Environment and Climate Change is expected to define the technical requirements and procedures for the removal of residues resulting from the sorting of plastic packaging, following prior consultation with the Interministerial Committee for the Socioeconomic Inclusion of Reusable and Recyclable Materials Pickers.
Manufacturers, importers, distributors, or retailers—regardless of whether the applicable reverse-logistics system model is individual or collective—should submit an annual results report in accordance with the standard template made available on the National Solid Waste Management Information System website .
The Environmental, Climate Change & Sustainability practice of Tauil & Chequer Advogados in association with Mayer Brown is available for additional information on this topic.
