Brazil has advanced a bill that would introduce requirements for plastic classification, design for recycling and limits on PFAS in packaging, potentially creating new compliance, labelling and product design obligations for companies placing plastic packaging on the market.
The Industry, Commerce and Services Committee of the Chamber of Deputies approved the substitute bill (PL 1701/2025) on 16 June. The proposal, which also incorporates two other bills (PL 1242/2025 and PL 5321/2025), is now with the Consumer Defence Committee for consideration.
The proposal would amend the National Solid Waste Policy (PNRS) to:
- require classification and clear identification of plastic types;
- establish design for recycling criteria;
- prohibit hazardous substances in packaging; and
- create a recyclability index for use in reverse logistics and tax incentives.
According to the bill's rapporteur, Deputy Alexandre Lindenmeyer, the substitute bill uses the EU’s Packaging and Packaging Waste Regulation (PPWR) as a benchmark for some provisions, such as recyclability labelling.
He said the PFAS provisions are needed to prevent Brazil from becoming a "dumping ground" for substances prohibited in other countries. The bill would progressively eliminate PFAS and heavy metals from plastic packaging within the design for recycling framework. It would protect the health of consumers and recycling workers as well as generate legal certainty for investments in mechanical and chemical recycling facilities, Lindenmeyer said.
Melissa Owen, founder of law firm AMBIENTELEGAL, said the proposed bill would "heap obligations onto an already full compliance plate".
"Companies that have built compliance programs around the existing plastic packaging reverse logistics decree should not assume that work is complete. We are already waiting on the traceability system and more details around the enacted plastic packaging decree and now we must envision that scenario could be further complicated by labelling requirements, a potential PFAS ban and eco-design requirements," she said.
Guidelines on reverse logistics
Brazil’s decree establishing a reverse logistics system for plastic packaging was announced last October, with consultations on the implementing rules earlier this year.
On 20 May, the Ministry of Environment published a frequently asked questions document outlining legal and technical interpretations of the system. The document, which contains general guidelines on the current stage of implementation, may be amended as regulations are developed.
The document clarifies that the system applies only to consumer packaging, not to business-to-business (B2B) packaging, although B2B packaging must comply with other applicable environmental regulations. It further states that pesticide and lubricant packaging are excluded, as these have their own systems in place. Multi-material packaging containing paper or cardboard is also excluded.
The decree applies to packaging for hazardous products, unless the specific packaging is subject to other regulations.
Food packaging may be excluded from recycled content requirements if it is already subject to restrictions imposed by health authorities or equivalent bodies, but companies must self-declare and cite the specific regulatory restrictions.
The ministry said there is no transition period for the inclusion of recycled content in packaging; the requirements have been mandatory for large companies since January and for SMEs since July.
Individual producers and collective management entities are responsible for establishing and operating their own reverse logistics systems, it said.
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