October 20, 2022

14:10

Marcela Leiros – Amazon Agency

MANAUS – Small markets, popularly known in Brazil as “mercadinhos” or “tabernas”, as grocery stores in english, have one year to adapt to the provisions of Law No. 2.799/2021, which prohibits the sale and free distribution of disposable bags in Manaus. This is because the law, which goes into effect this Thursday, 20, is specifically aimed at larger commercial establishments. However, as of October 20, 2023, all businesses will have to adapt to the determination.

The law, which changes provisions of Law No. 485, of May 7, 2021, published on October 13, 2021, details which establishments belonging to supermarket chains – or which have more than 2 thousand square meters of individualized built-up area – are prohibited from selling or distributing disposable bags made of polyethylene, polypropylene, or similar compounds, in the capital of Amazonas. The free distribution of biodegradable or returnable bags is allowed.

Also read: Population shows indignation about PL that forbids the distribution of plastic bags in Manaus

According to the law, as of October 20, 2023, one year from now, the distribution and sale of plastic bags of any composition, including biodegradable ones, will be forbidden, and only the free distribution of returnable bags will be allowed. Commercial establishments of any size will have to follow this determination.

“From 2023 on, even the distribution of biodegradable bags will be forbidden, with the permission restricted to returnable bags. And when this second phase of the law comes into effect, the grocery stores will also be obliged to comply. They have an additional year to adapt and prepare themselves”, explains Flávio Espírito Santo, a lawyer specialized in consumer law.

Constitutional Law professor Carolina Castello Branco points out that the one-year period for adequacy is also favorable for consumers, who will be able to become aware and adjust to the new rule. “In any case, as after a year, the law will prohibit the distribution of any bag, I think there is enough time to promote this idea in the population. A joint effort of the stores and the public authorities”, he says.

Adaptation

The new determination makes it possible even for people already used to taking their ecobags to get used to the changes, as is the case of public servant Maria Elisa, 70 years old. “I always carry my bags when I go to the supermarket, I’ve been shopping with them for years, but at the neighborhood grocery store I end up using [bags], I don’t know how it’s going to be now with this ban”, she says.

In case the population identifies non-compliance with the prohibition, Flávio Espírito Santo advises customers to seek consumer protection institutions and programs. “With the extinction of the municipal Procon [Consumer Protection and Defense Program] in the previous mayor’s administration, the only consumer protection agencies are state ones: the Consumer Police or the state Procon, which can inspect supermarkets, seize irregular products, and apply fines”, he concludes.