Published in October 2025, Federal Decree No. 12,688 established the Reverse Logistics System for Plastic Packaging, setting progressive recovery and recycled-content targets through 2040. Applicable to the entire supply chain, the system provides for traceability, transparency, economic incentives, and penalties for non-compliance, thereby strengthening the circular economy in Brazil.
On October 21, 2025, Federal Decree No. 12,688 was published, regulating Sections 32, Paragraph 1, and 33, Paragraph 1, of the National Solid Waste Policy (Law No. 12,305/2010), and officially establishing the Reverse Logistics System (“RLS”) for Plastic Packaging in Brazil.
The new regulation follows the trend toward material-specific regulation, previously adopted for glass under Decree No. 11,413/2023, and is the first legislation currently in force to deal exclusively with plastic packaging, establishing guidelines, targets, and criteria for its implementation, operation, and monitoring.
The RLS for plastic packaging applies to all participants in the supply chain—manufacturers, importers, distributors, and retailers—and covers primary, secondary, and tertiary packaging, as well as equivalent plastic products, such as disposable plates, cups, and cutlery found in the dry fraction of municipal solid waste.
This classification relates to the functions of packaging and the degree of contact with the product. Generally, primary packaging directly contains the product, secondary packaging protects primary packaging, and tertiary packaging contains or transports primary or secondary packaging. Equivalent plastic products are those that, after use by the end consumer, become post-consumer waste (B2C – Business to Consumer).
Tertiary packaging must be accounted for whenever it reaches the consumer, in any purchase—whether online or at retail—in which the product is delivered packaged in one or more types of packaging.
Authors:
Fabricio Soler – partner (fabriciosoler@felsberg.com.br)
Daniela Mota – associate (danielamota@felsberg.com.br)
Rafael Locatelli – associate (rafaelaugusto@felsberg.com.br)
Marina Guttierrez – associate (marinaguttierrez@felsberg.com.br)