NOTICE TO CLIENTS AND FRIENDS: THE PROHIBITION OF SALE & USE OF SINGLE-USE PLASTICS
On June 29th, 2022, the Government of Puerto Rico approved the Act to Prohibit the Dispensing and Use of Single-Use Plastics in all Commercial, Sales, and Distribution Premises Authorized to Conduct Business Under the Laws of the Commonwealth of Puerto Rico” (the “Act”). Subsequently, on June 28, 2024, the “Joint Regulation of the Department of Consumer Affairs and the Department of Natural and Environmental Resources to Prohibit the Use and Sale of Single-Use Plastics” (the “Regulation”) was approved. The Act prohibits the use of single-use plastics in Puerto Rico. Nonetheless, it does not ban the use of biodegradable or reusable plastics. The Act entered into effect on July 1st, 2024; 24 months after its approval.
The provisions of the Act apply to all commercial establishments (the “Establishments”), which are defined as any premise (e.g., store, restaurant or similar place), as well as any natural or legal entity that carries out any type of commercial operation or act of commerce involving the sale or delivery of single-use plastics, for immediate use, wholesale, or retail. Furthermore, the Act defines single-use plastics as plastic artifacts sold and used voluntarily, made of expanded polystyrene for immediate consumption or used for carrying any type of unprocessed or processed foods. Furthermore, the Regulation specifies that Establishments are not allowed to use or distribute single-use plastics for: (1) commercial activities; (2) use by employees; (3) use by customers; (4) use in the Establishments; (5) packaging in the Establishments; and (6) packing and transporting out of the Establishments.
During emergency periods decreed by the Governor or by the President of the United States of America, single-use plastics may be allowed. Additionally, the use of single-use plastics is allowed when required to pack certain meats, that, due to their composition, no other alternative is available. Furthermore, the packaging of meat and other types of food that are regulated by the U.S. Food and Drug Administration and the P.R. Department of Health are not subject to the Act and Regulation.
As stated in the Act, no fines will be issued by the agencies until December 31, 2024. Prior to this date, the Establishments that breach the Act may receive a non-compliance notice. After December 31st, 2024, the Department of Consumer Affairs or DACO may impose administrative fines of $500.00 per violation. In the event of a recurring offense, a fine of $1,000.00 may be issued and $5,000.00 for each subsequent violation. If the offender does not pay the fine within thirty (30) days, the fine will be surcharged monthly at a10% rate.
