Law No. 5882/2017 on Integral Management of Batteries and Batteries for Domestic Use came into force in March 2018, and presents a much more extensive and detailed regulation than the previous one -Law No. 3107/2006-. Like the previous one, the new law sets caps on the amounts of cadmium, lead and mercury that batteries may contain. In addition to this, it extends its scope of application to rechargeable batteries, determines new obligations for all those involved, establishes penalties and appoints new enforcement authorities. However, the relevant regulations have not yet been issued by the responsible institutions, which would replace the contrary provisions of Decree 4926/2010 and Resolution 970/2010 of the Ministry of Industry and Commerce (MIC).

While the previous law designated the MIC as the sole enforcement authority, the current law expands the responsible authorities:

• The MIC continues to be responsible for ensuring compliance with the law in the import process, extending its intervention to the manufacturing, assembly and commercialization processes, in addition to working in coordination with the National Quality System Agencies, implementing the Registry of Manufacturers, Assemblers and Importers of Batteries and Batteries for Domestic Use -not yet implemented to date- and establishing a system of prior import licenses;
• The Secretariat of the Environment (SEAM) is in charge of establishing regulation, control, monitoring and oversight mechanisms for the proper management and protection of the environment, and is responsible for preparing the Comprehensive Environmental Management Plan for Batteries and Cells -which is still pending despite the entry into force of the law- and the Registry of Operators for the recycling, elimination and final disposal of batteries and cells;
• The different municipalities should implement mechanisms for the transport, collection, treatment and final disposal of batteries and accumulators in their jurisdictions.

The law also establishes new obligations for all those involved in the private sector, both for manufacturers, assemblers, importers and marketers -who must guarantee and certify that their batteries comply with the law, provide suitable containers for collection at points of sale, make the batteries available to the municipalities, include warnings about the contamination caused by the product in their advertising campaigns, register with the MIC, among others- and also for users -who must verify that the batteries are in good condition at the time of purchase, and register with the MIC, among others-, include warnings about the contamination caused by the product in their advertising campaigns, register with the MIC, among others-, as well as for users -who must verify the good condition of the batteries at the time of purchase, dispose of them only at the collection points and not manipulate the structure or disassemble the batteries-.

Since the new law is in force, compliance with it is imperative despite the lack of relevant regulations, especially considering that non-compliance carries penalties ranging from fines (from fifty to one thousand minimum daily wages) to confiscation of products, cancellation of registration, prohibition to sell batteries and batteries and a written warning. This requires that companies involved in the trade of batteries and accumulators be aware of the operative provisions of the law that are already applicable without the need for additional regulation.