Restrictions on the use of products made with single-use plastics enter into force in Mexico City

Restrictions on the use of products made with single-use plastics enter into force in Mexico City

On January 1, 2021, various provisions of the Solid Waste Law of Mexico City (“Solid Waste Law”) entered into force—amendments published in the Official Gazette of Mexico City on June 25, 2019—by means of which restrictions are imposed on the marketing, distribution, and delivery of various products made with single-use plastics in Mexico City.

As of January 1, 2021, a prohibition is established on the marketing, distribution, and delivery of forks, knives, spoons, stirrers, plates, straws, cotton-swab sticks, balloons and balloon sticks, cups and their lids, food-carrying trays, and tampon applicators, made wholly or partially of plastics designed to be discarded after a single use, except those made with compostable material. In this regard, the Solid Waste Law establishes that the aforementioned restrictions will apply to any product made from organic, fossil, and non-fossil polymers, including the following: • Polyethylene terephthalate (PET) • Polypropylene (PP) • Low-density polyethylene (LDPE) • High-density polyethylene (HDPE) • Polystyrene (PS) • Expanded polystyrene (EPS) • Polyvinyl chloride (PVC) • Polycarbonate In this respect, as noted above, individuals interested in marketing, distributing, and/or delivering any of the products listed in section XI BIS of Article 25 of the Solid Waste Law may do so provided they are made of compostable material. As a result of the foregoing, the Ministry of the Environment of Mexico City (“SEDEMA”) issued, on December 1, 2020, the “Criteria to be met by single-use compostable plastic products in Mexico City” (“Criteria”), which establish the obligations to which individuals interested in marketing, distributing, and/or delivering any of the aforementioned products made with compostable material are subject. It is important that any individual subject to the aforementioned restrictions, or who intends to market, distribute, or deliver products made with compostable materials, implement mechanisms (legal, financial, and commercial) to comply with the provisions established in the Solid Waste Law in order to avoid potential administrative sanctions by SEDEMA. Edmond Grieger, Partner: +52 (55) 5258 1048 | egrieger@vwys.com.mx Roberto Flores, Associate: +52 (55) 5258 1048 | rflores@vwys.com.mx Mariana Plowes, Associate: +52 (55) 5258 1048 | mplowes@vwys.com.mx

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