The Prohibition of Sale and Use of Single-Use Plastics in Puerto Rico

By Ferraiuoli LLC

The Prohibition of Sale and Use of Single-Use Plastics in Puerto Rico

On June 29th, 2022, the Government of Puerto Rico approved the Act to Prohibit the Dispensing and Use of Single-Use Plastics in all Commercial, Sales, and Distribution Premises Authorized to Conduct Business Under the Laws of the Commonwealth of Puerto Rico” (the “Act”). Subsequently, on June 28, 2024, the “Joint Regulation of the Department of Consumer Affairs and the Department of Natural and Environmental Resources to Prohibit the Use and Sale of Single-Use Plastics” (the “Regulation”) was approved. The Act prohibits the use of single-use plastics in Puerto Rico. Nonetheless, it does not ban the use of biodegradable or reusable plastics. The Act entered into effect on July 1st, 2024; 24 months after its approval.

The provisions of the Act apply to all commercial establishments (the “Establishments”), which are defined as any premise (e.g., store, restaurant or similar place), as well as any natural or legal entity that carries out any type of commercial operation or act of commerce involving the sale or delivery of single-use plastics, for immediate use, wholesale, or retail. Furthermore, the Act defines single-use plastics as plastic artifacts sold and used voluntarily, made of expanded polystyrene for immediate consumption or used for carrying any type of unprocessed or processed foods. Furthermore, the Regulation specifies that Establishments are not allowed to use or distribute single-use plastics for: (1) commercial activities; (2) use by employees; (3) use by customers; (4) use in the Establishments; (5) packaging in the Establishments; and (6) packing and transporting out of the Establishments.

During emergency periods decreed by the Governor or by the President of the United States of America, single-use plastics may be allowed. Additionally, the use of single-use plastics is allowed when required to pack certain meats, that, due to their composition, no other alternative is available. Furthermore, the packaging of meat and other types of food that are regulated by the U.S. Food and Drug Administration and the P.R. Department of Health are not subject to the Act and Regulation.

Ferraiuoli LLC

Ferraiuoli LLC (FLLC) was founded in 2003 by the late Blas Ferraiuoli-Martínez, Eugenio Torres-Oyola and María Marchand-Sánchez. This group was then joined in 2004 by Fernando J. Rovira-Rullán, thus forming the founding core of FLLC. FLLC has grown exponentially since its founding from a law firm with three attorneys and a support staff of three to its current size of 54 attorneys with a support staff of 38. Also, FLLC has grown from initially being known as an intellectual property and corporate law boutique law firm to a multiservice law firm that handles most matters relevant to a business while continuing to earn praise for its leading intellectual property and corporate practices.

FLLC has been ranked as a leading law firm in Puerto Rico by the professional publication Chambers Latin America in intellectual property, corporate, bankruptcy, labor & employment, real estate, and tax law. Moreover, 17 FLLC partners have been ranked as leaders in their field by the same publication. 4 FLLC partners are ranked as leaders in Intellectual Property, no other firm has more than 2. This recognition in such a short period of time is a tribute to FLLC’s business model.

FLLC prides itself in doing its work faster and more cost-efficiently yet with the same quality as that of its main competitors. The founding name partners are available at all times to attend to client matters. Their work ethic sets the tone for the rest of the firm. FLLC’s founders’ goal has been steady from the outset: become one of the premier multiservice law firms in Puerto Rico.

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