5. LATAM

PCR Plastic Packaging Regulations
Global

5.1 Regulatory Overview

The most relevant legislation on food contact materials and articles in Latin America is represented by the recommendations developed by the Subgroup 3 “Technical Regulations and Evaluation of Compliance” of the Grupo Mercado Común, the executive branch of Mercosur, the American Southern Common Market. 

The recommendations are not automatically applicable to the Countries part of Mercosur (Argentina, Brazil, Paraguay and Uruguay), but must be incorporated into the relevant National bodies of law in order to be effective. Such recommendations may also be adopted by Countries that are not part of Mercosur, but are “associated”, such as Chile, Peru, Suriname, Colombia, Ecuador and Guyana. Bolivia is in the process of accession to Mercosur, while Venezuela, a former member, has been suspended in 2017 in accordance with the provisions of the second paragraph of the Article 5 of the Protocol of Ushuaia.

The general use of recycled or reused plastics for manufacturing food contact materials and articles is prohibited by the Resolution GMC [1] 56/99, however some derogations exist, as reported below. 

• Resolution GMC 16/93 authorizes the use of refillable PET bottles for non-alcoholic carbonated beverages
• Resolution GMC 25/99 authorizes the use of multilayer PET bottles, with recycled PET in the internal layer, for non-alcoholic carbonated beverages
• Resolution GMC 30/07 [2] authorizes the use of monolayer and multilayer PET packaging for foodstuffs, where PET consists of post-consumer recycled resin obtained through a validated process.

Resolution GMC 30/07 accounts for the use of both mechanically recycled PET, and PET obtained from chemical recycling (including hybrid systems consisting of virgin PET blended with chemically depolymerized grades). The Resolution, however, is limited to PET, and does not authorize the use of other polymers, neither in direct contact with food, nor behind a layer functioning as barrier to migration of possible contaminants (aka “functional barrier”). The decontamination technologies referred to in the Resolution should be backed up by a challenge test demonstrating the ability of the technology to clean up the recycled PET. As an alternative, the technology is accepted if it is supported by a LONO delivered by the US FDA, or by a positive opinion by EFSA or an equivalent measure of EU Commission or an appropriate authority of an EU Member State.

The technology shall be approved by the national Authority of the Mercosur Member State upon opinion of the National Reference Laboratory.

LATAM - Regulatory Landscape

Note: Derogations for PET (mechanically, in functional barrier) – Resolution GMC 30/07 on containers post-consumed PET recycled food grade:

1. decontamination technologies be backed up by a challenge test demonstrating the ability to clean up the recycled PET, OR
2. LONO delivered by the US FDA, OR
3. positive opinion by EFSA or an equivalent measure of EU Commission or an Authority of an EU Member State

5.2 Potential Evolution

In 2020, the Mercosur Food Commission -Argentine Branch, was contacted formally by the environmental Body Ecoplas [3] with interest in the promotion of a new regulation for the use of post- consumer recycled polyolefins and expanded polystyrene. Ecoplas is a non-governmental organization which is active in Argentina to promote private-public cooperation in the implementation of circular economy solutions in the field of plastic materials.

However, no more initiatives or plans have been made by either Ecoplas or industry after 2020. This was most likely caused by the generally depressed economic situation of the Country, which discourages investments, and severe disruption in the collection and sorting of waste consequent to repeated lock-down.

The impression is that industry is not yet prepared to manage the recovery of different articles manufactured with multiple types of colored plastics, which may pose greater challenge than the clear PET bottles. 

5.3 References

1. Normativa - MERCOSUL (mercosur.int)

2. Microsoft Word - RES_030-2007_ES_PET-PCR.doc (puntofocal.gov.ar)

3. Ecoplas – Entidad técnica profesional especializada en plásticos y medio ambiente