A total of 9.469 companies, from various sectors, were summoned by Mato Grosso do Sul’s Public Prosecutor’s Office, through Public Notice No. 2.337, published in November 27th, 2020, to present evidence on the compliance with obligations regarding reverse logistics, in 10 (ten) business days, especially regarding: (i) compliance with State Decree No. 15,340/2019 (registration before state environmental agency – IMASUL); (ii) justification for lack of registration, in case of non-incidence of the hypotheses listed in the State Decree; or (iii) manifestation of interest in regularization via amicable composition through a Term for Adjustment of Conduct.
According to State Decree No. 15,340/2019, manufacturers, importers, distributors and dealers of products that, after customer usage, generate packaging in general as solid waste, in the State of Mato Grosso do Sul, are obliged to structure and implement reverse logistics systems, independently of urban public cleaning service and solid waste management.
Legislation foresees that the obligation embraces manufacturers, importers, distributors and dealers localized, or not, in the State of Mato Grosso do Sul, and regardless of being part of a state commitment term.
Also, the product’s brand owner are considered as “manufacturers”, as well as those that, on behalf of the brand owner, carry out the packing process, the assemble or manufacture of the products. The manufacturer which is not the brand owner, but executes packing, assemble of manufacture of the products on behalf of the brand owner, must assure the product and/or packaging is covered by a reverse logistics system, in the State of Mato Grosso do Sul, indicating to IMASUL the corporate name and CNPJ (company tax number) of the brand owner, as well as the reverse logistics system of which the brand owner is a member.
It was also determined that IMASUL will demand the fulfillment of all stipulations on the State Decree No. 15,340/2019 as a condition for issuance or renovation of environmental licenses.
The companies mentioned at the Annex to the Public Notice must submit their replies to the 26th Public Prosecutor’s Office of Campo Grande, through the e-mail email@example.com, or through presentation of relevant documents in the Mato Grosso do Sul/Chácara Cachoeira Public Prosecutor’s Unit, located in São Vicente de Paula Street, 180, Chácara Cachoeira, ZIP CODE 79040-240, Campo Grande/MS.
Our environmental practice team is available to provide further information and define measures to be taken in each particular case.