Plastic ban enforcement paused in Puerto Rico amid concerns from businesses
The government is focusing on education and addressing issues faced by small businesses.
Following the issuance of Joint Administrative Order 2025-002 by the Puerto Rico Department of Consumer Affairs (DACO, in Spanish) and the Department of Natural and Environmental Resources (DNER), which immediately annuls Official Interpretation 2024-01 on the single-use plastics ban, and amid ongoing legal issues in the Puerto Rico Restaurant Association (ASORE, in Spanish) case, Puerto Rico United Retailers Association (CUD, in Spanish) President Ramón Barquín expressed “cautious support.”
The administrative order annuls Official Interpretation 2024-01 and establishes a moratorium on enforcing Act 51-2022 until July 1. Joint Administrative Order 2025-002 nullifies the interpretation, which aimed to clarify procedures for supervising and inspecting commercial establishments regarding the prohibition of single-use plastics in Puerto Rico, as well as to promote the implementation and compliance of Act 51-2022.
While CUD “recognizes” the moratorium as temporary relief for merchants, Barquín cautioned that the legislation still poses significant challenges for Puerto Rico’s small and medium-sized business.
“We value the fact that alternatives are sought to educate instead of penalize, but we cannot ignore that the law continues to be excessively broad and unclear in its implementation,” Barquín told News is my Business in a written statement.
“In addition, it imposes additional costs on the most vulnerable sectors, such as micro, small and medium-sized enterprises (MSMEs), which operate with tight margins and already face too many regulatory burdens in the country’s current economic climate,” he added.
Impact on small businesses
The CUD president emphasized that, unlike large commercial chains with access to capital and more flexible compliance structures, small businesses — including local restaurants, cafeterias, food trucks and others in the hospitality industry — face a far more precarious situation.
“These businesses not only face the costs of transitioning to sustainable alternatives, but also deal with a lack of access to suppliers that offer viable solutions at competitive prices,” he explained.
He further noted that government intervention in company operations continues to impact the competitiveness of the local economy, compounding structural issues such as high energy costs, lack of energy independence, a complex permitting system, excessive regulations, high labor costs and limited access to affordable financing for small businesses.
Act 51-2022, known as the Law to Prohibit the Sale and Use of Single-Use Plastics, and Joint Regulation 9570 of June 2024 remain in effect. However, DACO, through Administrative Order 2024-019, has placed a moratorium on commercial enforcement until July 1. During this period, DACO and DNER “will focus their resources on educating and guiding relevant sectors on law enforcement.”
“We have made this decision together, to prevent the lawsuit before the Superior Court from continuing,” DACO Secretary Natalia Catoni said. “With the issuance of Joint Order 2025-002, we render the previous official interpretation null and void, paving the way for a more effective and fair handling of Act 51-2022. Our priority is to provide the necessary support to merchants and consumers to ensure that they understand and adopt the provisions of the law.”
ASORE filed an appeal in this case, requesting the Superior Court to review the law and declare the official interpretation issued by both agencies in November “null and void.” The interpretation remains paralyzed after the court granted ASORE’s request for assistance of jurisdiction.
News is my Business sought a reaction from ASORE, but executives had not responded as of press time.
Calls for a more balanced approach
Barquín urged government agencies to balance environmental protection with the economic sustainability of small businesses.
“The path to sustainability must include incentives and real support for small businesses, rather than imposing additional burdens on them. It is crucial that a longer transition period, exemptions for certain sectors, and access to more affordable packaging solutions be considered,” he said.
Environmental organizations, including Generación Circular and CAMBIO, have raised concerns and urged DACO to reconsider its decision to delay enforcement of the law.
Ingrid Vila-Biaggi, president and cofounder of CAMBIO, stated, “The government has a responsibility to protect the health of the people of Puerto Rico and prevent citizens from ingesting or being exposed to harmful substances such as plastics, which have already been proven to cause chronic diseases.”
Vila-Biaggi also highlighted the environmental and health risks associated with chemicals in plastics and called for greater public education on the law’s benefits. She noted that plastics account for 17% of landfill waste in Puerto Rico, stressing the urgency of addressing the issue given the critical state of the island’s landfill infrastructure.
She added that many businesses have already transitioned to sustainable alternatives, demonstrating that compliance is achievable.
Generación Circular, meanwhile, highlighted the availability of local composting facilities and biodegradable alternatives, countering claims that viable options are lacking. The organization also emphasized the economic potential of expanding these initiatives.
The world, and Puerto Rico, is drowning in plastic waste. It is an eyesore, and a grave health risk to humans and animals alike. Much of the most damaging plastic waste comes from single use items. It will only get worse as petrochemical interests push for the adoption of ever more applications and volume of plastic. I for one want to see this trend reversed. The regulations must be worked out and then enforced at the earliest possible moment.
Economically feasible Biodegradable options exists and some small businesses have already adopted the use of these products. It goes to the suppliers to offer better products and an affordable price to their small business customers. Suppliers have the leverage at the wholesale level, and need to negotiate better deals with their supply chain vendors to help make this happen.
I for one am willing to support this law and to pay a bit more for biodegradable take-out clamshells and utensils to do so.