In brief
Federal Decree No. 12,688/2025 introduces stricter rules for plastics and packaging in Brazil, emphasizing shared responsibility across the supply chain. It sets phased targets for recycling and recovery, requires transparency in reporting, and mandates the use of recycled content. Manufacturers, importers, distributors and retailers must adapt their supply chains and operations to ensure compliance. Sectors handling large volumes of packaging and single-use plastics face new challenges and must adopt strategic measures to remain competitive while meeting environmental goals.
In more detail
Federal Decree No. 12,688/2025 overview
The decree regulates provisions of the National Solid Waste Policy (PNRS) and introduces the following measures:
- Mandatory reduction and recycling targets for plastic packaging and single-use plastic products.
- Required incorporation of recycled plastic in new packaging.
- Integration with digital traceability systems to register, monitor and certify reverse logistics performance.
- Stricter penalties for noncompliance, including progressive fines and potential operational restrictions.
Key objectives
- Reduce the generation of plastic waste.
- Encourage reuse and recycling practices across the value chain.
- Promote the circular economy and reinforce shared responsibility among manufacturers, importers, distributors and retailers.
Who is responsible?
Responsibility is shared, but the decree reinforces the following obligations:
- For manufacturers (of plastic packages and products commercialized in plastic packages) and importers: structuring and financing reverse logistics systems, meeting reduction and recycling targets, and reporting verified results.
- For distributors and retailers: support product returns and ensure the availability and operation of collection points.
Percentages applied to reverse logistics
- Recovery targets (Exhibit I): Effective January 2026, with minimum regional and national percentages, targets start at 32% in the first year, increasing progressively until 2040 (50%).
- Recycled content targets (Exhibit II): Effective January 2026 for large companies and July 2026 for small and medium-sized companies, targets begin at 22% in 2026, with gradual increases reaching 40% by 2040.
- Returnable packaging targets: To be defined in upcoming regulations.
- Geographic targets: Establishment of drop-off points (PEVs) starting October 2029.
- One voluntary PEV in municipalities with up to 10,000 inhabitants.
- One PEV for every 10,000 inhabitants in larger municipalities.
Products and packaging covered
- Plastic packaging (e.g., for hygiene and cleaning products): includes primary, secondary and tertiary packaging.
- Single-use plastics: such as cups, cutlery, plates and bags.
- Exclusions: items already subject to specific programs (e.g., packaging for medicines and electrical and electronic equipment) or governed by specific sectoral regulations (e.g., food and beverage packaging); several exclusion criteria remain unclear and will require further regulation to address existing gaps.
Enforcement and litigation
The decree provides for the following:
- Mandatory annual reporting to the Ministry of the Environment.
- Administrative sanctions, as well as the possibility of civil actions for noncompliance.
- A growing trend of involvement by environmental agencies and public prosecutors in monitoring and enforcing obligations.
Practical steps
- Map applicability: identify products and packaging subject to the new requirements.
- Create a multidisciplinary team: involving legal, sustainability, operations and procurement areas.
- Strengthen communication: align responsibilities with suppliers and Extended Producer Responsibility (EPR) scheme operators.
- Update contracts: include clauses addressing environmental compliance and reverse logistics obligations.
- Monitor deadlines and targets: track reporting obligations and local/state legislation and regulations.
- Engage with industry associations: for monitoring regulatory developments and coordinated advocacy.
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Giovani Bruno Tomasoni, Trench Rossi Watanabe Partner, has contributed to this legal update.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.