On July 8, 2022, the new Law was published in the Official Gazette of Colombia that seeks to reduce the pollution caused by traditional single-use plastics, by prohibiting the introduction on the market, commercialization and distribution in the national territory of 14 product categories, establishing the transition or elimination of these items within a period of 2 to 8 years; time in which the plastic industry must be reinvented.
Below we share a summary with the relevant information of the document. However, for a greater look of the points mentioned here, a detailed reading of the Law is suggested.
The categories of single-use plastic products that will be prohibited (article 5) are:
- Payment point bags used to pack, load or transport packages and merchandise, except those that are reusable or for industrial use.
- Bags used to pack newspapers, magazines, advertising and invoices, as well as those used in laundries to pack washed clothes.
- Rolls of empty bags on commercial surfaces to pack, load or transport packages and merchandise or carry food in bulk, except for raw animal products.
- Packages, containers and bags to contain non-prepackaged liquids, for immediate consumption, to take away or for home deliveries.
- Plates, trays, knives, forks, spoons, glasses and gloves to eat.
- Mixers and straws for drinks.
- Plastic supports for ballooms.
- Confetti, tablecloths and streamers.
- Containers or packages that are useful to contain or carry meals, food not prepackaged in accordance with current regulations for immediate consumption, used to take away or for home deliveries.
- Sheets to serve, pack, wrap or separate food for immediate consumption, used to take away or for home delivery.
- Plastic cotton swab holders or flexible swabs with cotton tips.
- Single-use dental floss handles or holders.
- Packing, containers or any container used for the commercialization to the final consumer of fresh fruits, vegetables and tubers that in their natural state have shells, fresh aromatic herbs, fresh vegetables and fresh mushrooms. Such packaging may be used to guarantee food safety, prevent loss or waste of food and/or protect their integrity against damage, as long as the materials used are fully recyclable and/or recycled, as permitted by health regulations and, in addition, have reincorporation goals in a circular economy model.
- Adhesives, labels or any distinctive that is affixed to vegetables.
Likewise, oxodegradable plastics are prohibited and no type of product can be manufactured with this material within a period of 8 years. Consequently, among the main exceptions is the use of traditional plastic for medical applications for reasons of asepsis and hygiene; contain chemical products that pose a risk to human health or to the environment when handled; manufacture of single-use plastic products whose substitutes, in all cases, have a greater environmental and human impact according to the results of the Life Cycle Assessment and products that are manufactured 100% with national post-consumer raw material.
In addition, the entrance of single-use plastics, including plastic bags and bottles to contain liquids, will be allowed only to communities and park rangers who live in the areas of the National System of Protected Areas.
On the other hand, a national policy will be developed and implemented, which will have an action plan with annual goals for the reduction of single-use plastics, both those contemplated in this Law and those that are not, as well as fixed actions, monitoring, follow-up and evaluation plan, in addition to projects that include consumer awareness and incentives for industries, this in a period of 12 months from the entry into force of the Law.
In the same order of ideas, the Ministry of Science, Technology and Innovation, as well as the Ministry of Commerce, Industry and Tourism and the Ministry of Labor, must formulate a Plan for Labor Adaptation and productive reconversion for the substitution of single-use plastic products for sustainable alternatives, which allow workers and companies to adapt to the established conditions. This plan must be submitted within a period of 18 months.
On the other hand, a national policy will be developed and implemented, which will have an action plan with annual goals for the reduction of single-use plastics, both those contemplated in this Law and those that are not, as well as fixed actions, monitoring, follow-up and evaluation plan, in addition to projects that include consumer awareness and incentives for industries, this in a period of 12 months from the entry into force of the Law.
In the same order of ideas, the Ministry of Science, Technology and Innovation, as well as the Ministry of Commerce, Industry and Tourism and the Ministry of Labor, must formulate a Plan for Labor Adaptation and productive reconversion for the substitution of single-use plastic products. use for sustainable alternatives, which allow workers and companies to adapt to the established conditions. This plan must be submitted within a period of 18 months.
However, single-use plastics that are not referred to in the not banned categories must be incorporated into the cycle closure processes under the circular economy and Extended Producer Responsibility models, as is the case with PET bottles and HDPE containers. The foregoing, with progressive goals of incorporation until reaching 90% in the year 2030 for PET bottles of treated drinking water, 60% in 2040 for PET bottles that contain beverages other than water and 30% in the year 2030 for containers in HDPE.
At this point it is necessary to mention that this recycled raw material must be national post-consumer or post-industrial derived from its own production processes and, under no circumstances, the import of waste will be allowed to meet these percentages. However, the export of post-consumer products made in PET destined for the manufacture of resin that will later be imported will be allowed within a period of 5 years.
As for the public sector, it must carry out dissemination and awareness campaigns on the responsible consumption of plastics, in addition to promoting the formalization of the actors in the plastic value chain, including professional recyclers and their associations, in order to articulate them to the Programs of Segregation at the Source and Selective Collection that each local government must execute, also including the participation of private entities dedicated to the recovery of plastic waste. Likewise, municipalities and districts with more than 20,000 habitants must include in their respective ‘Plan de Gestión Integral de Residuos Sólidos’ (PGRIS) strategies to promote separation at the source in accordance with the national color code established by the National Government.
Finally, the sanctions for non-compliance with the rule entails are agreed upon, where fines from 100 to 50,000 SMLV, confiscation of products and temporary (less than 1 month) or permanent closure of the establishment are contemplated.
If you have questions or require more information, you can contact the Masterbatch Plant located in Sabaneta, Antioquia by phone: +57 (604) 444 80 97 or by email at servicliente@colarquim.com
Author: MB Plant Research’s team | August 4, 2022.
