Insights

USE OF PLASTICS

22/10/2019

On 2 September 2019, new environmental legislation was published in the Diário da República aimed at reducing or even eliminating the use of plastics in the restaurant, beverage and retail sectors.

Law No. 76/2019, of 2 September, in effect from 3 September 2019, establishes that single-use plastic tableware cannot be used or made available in the restaurant, beverage and retails sectors, promoting the use of reusable tableware instead of disposable.

Reusable or biodegradable tableware should therefore be used in all establishments (eg, cafes and bars), other locations (eg, where catering services are being provided) and where ‘non-sedentary’ activities are carried out in the restaurant or beverages sectors, such as shows, festivals, fairs and exhibitions.

In retail trade, single-use plastic tableware cannot be used for the consumption of food or beverages.

ASAE (The Economic and Food Safety Authority) is the supervisory body responsible, and a breach of these rules is considered an environmental offence punishable by a fine of up to €4,000 for individuals and €36,000 for organisations.

Restaurant and / or beverage service providers have a year to comply with the law. Non-sedentary restaurant and / or beverage service providers, and service providers on public transport, have a two-year period. Retail trade has a period of three years.

Law No. 77/2019 of 2 September, which enters into force on 1 January 2020, sets out an obligation to have alternatives to ultralight plastic bags and plastic packaging available to consumers at places where bread, fruits and vegetables are sold.

As of 1 June 2023, commercial establishments will be banned from providing ultralight plastic bags (less than 15 microns thick) for primary packaging or transporting of bread, fruits and vegetables. They will also be banned from selling these products in disposable packaging containing expanded plastic or polystyrene.

100% biodegradable bags and packaging will be allowed as long as they are organic and renewable, and compostable by domestic, industrial or natural methods.

It will be mandatory to provide consumers with alternatives to ultra-lightweight plastic bags and plastic packaging available at points of sale.

Failure to comply with the provisions of the law is considered a breach. The offences themselves and relevant fines still require specific regulation by the competent authorities.

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