Law No. 12305. Brazilian National Policy on Solid Waste (batteries)

Country / jurisdiction: Brazil · Year: 2010 · Status: In force · Level: National · Type: Voluntary

This law establishes the Brazilian Solid Waste National Policy and its principles, objectives, and instruments. It shall apply to all individuals and legal entities which are either directly or indirectly responsible for the generation of solid waste and to integrated management and solid waste management (Article 1).

This law institutes a shared responsibility for the product’s life cycle among manufacturers, importers, distributors and sellers, consumers, and providers of public urban cleaning and solid waste management services. According to Article 30, this shared responsibility aims to:

Make the interests of social and economic agents, entrepreneurial and environmental management processes compatible by developing sustainable strategies;

Promote solid waste reuse and reintegration into productive value chains;

Reduce the generation of solid waste and associated pollution and environmental damages;

Foster the use of more sustainable supplies with lower environmental impacts;

Foster market development, production and consumption of products created from recycled material;

Provide for the efficiency and sustainability of productive activities;

Foster good practices of socio-environmental responsibility.

According to Article 33, manufacturers, importers, distributors and sellers of batteries and other electric and electronic appliances and their components are required to frame and implement reverse logistics systems through the return of products after their use, independent of the public urban cleaning and solid waste management services.

This reserve logistics system works as follows:

After their use, consumers must return to sellers or distributors products and packaging subjected to reverse logistics.

Sellers and distributors must return to manufacturers or importers the products and packages gathered or returned by the consumers.

Manufacturers and importers shall dispose of products and packaging in an environmentally appropriate manner. The waste should be sent for final disposal following the requirements established by the competent authority (SISNAMA or local authorities).

Official source: http://www.planalto.gov.br/ccivil_03/_ato2007-2010/2010/lei/l12305.htm