Corporate Legal Alert – Ban and Regulation of Single-Use Plastics in Puerto Rico
On July 1, 2024, Law 51 of 2022 came into force, prohibiting the use and sale of single-use plastics, defined as the artifact of plastic material sold and used voluntarily, such as plastic cutlery, plates and straws, and cups, as well as cups and food containers made of expanded polystyrene (‘foam’) for immediate consumption or to take away some unprocessed or processed food.
Regulation 9570, filed with the Department of State on June 28, 2024, aims to establish the rules, procedures, and sanctions for the implementation and compliance with Law No. 51-2022. The Regulations shall enter into force thirty (30) days after they are filed with the Department of State.
Law No. 51-2022 and Regulation 9570 cover the following aspects:
- The prohibition of using, distributing, or selling single-use plastics, such as bags, straws, cutlery, plates, cups, and containers, in all commercial, sales, and distribution premises authorized to conduct business in Puerto Rico.
- The obligation of traders to offer consumers alternatives of biodegradable, reusable or recyclable materials, such as cloth, paper or cardboard bags, bamboo, metal or paper straws, cutlery, plates, cups, containers and containers made of wood, metal, glass, cardboard or paper.
- The exception to the ban for single-use plastics are those that are necessary for medical, safety, hygiene or accessibility reasons, as long as it is demonstrated that there is no viable alternative to another material.
- The responsibility of the Department of Consumer Affairs (DACO) and the Department of Natural and Environmental Resources (DRNA) to implement, oversee, and enforce the law and regulations, as well as to educate and guide the public about the benefits of reducing single-use plastics.
The penalties for non-compliance with the law and regulations are as follows:
- For merchants, fines range from $500 for a first offense, $1,000 for a second violation, and $5,000 for each subsequent violation.
- The offender must pay the fine within thirty (30) days of its issuance. After this period has elapsed without the DACO receiving payment of the fine, the amount owed will increase by ten percent (10%) monthly.
- However, until December 31, 2024, those commercial establishments that fail to comply with the provisions herein shall receive a notice of default warning of the violation of the Act. This notice shall not include any penalties or fines and shall state the date on which the ticket with penalty will be issued if a violation of these provisions is found.
A requirement not contemplated in the Law has been included in Article 12 of the new Regulations creating a registry of any person, natural or legal, that produces, manufactures, represents, distributes or sells single-use plastics in the jurisdiction of Puerto Rico. This “Registry of Single-Use Plastics Sellers” requires the following information:
- Name of the natural or legal person (address, telephone number, e-mail, website).
- A type of single-use plastic item that produces, manufactures, represents, distributes, or sells in Puerto Rico.
- Inventory.
Any natural or legal person to whom the provisions of this Regulation apply will have until December 31, 2024, to register in the Registry of Sellers of Single-Use Plastics. If operations begin after December 31, 2024, you will have ten (10) days, from the beginning of operations, to register in the Registry. This registry will be administered by the DACO. Failure to register will result in a fine of $1,000 up to ten thousand dollars $10,000.
Our Commercial and Corporate Practice at Estrella LLC is equipped to guide you through these changes, ensuring that your operations remain both legal and sustainable.
For more information, please contact us at corporate@estrellallc.com.