Law 36-26: What It Exactly Prohibits and When It Takes Effect

If you landed here looking for exactly what Law 36-26 says, you've probably already heard that it bans single-use plastics in the Dominican Republic and want to know which specific items are included, from what date each restriction applies, and what you need to change in your operation to comply. That is what you will find in this guide.

What Law 36-26 Is and What It Is For

Law 36-26, enacted in the Dominican Republic, establishes the prohibition on producing, importing, marketing, and distributing single-use plastic products within the national territory. Its goal is to reduce pollution from plastic waste that ends up in rivers, beaches, and landfills, and to force a transition toward reusable or biodegradable materials.

The law does not only affect manufacturers and importers. It also involves distributors, retailers, and any company that uses these items as part of its daily operation, whether for packaging products, serving food, or delivering orders.

What Items It Exactly Prohibits

The law establishes a list of single-use plastic products whose production, importation, distribution, and commercialization is prohibited. Among the items covered are:

• Disposable plates, cups, and cutlery made from conventional plastic.
• Straws made of plastic, including those attached to beverage containers.
• Plastic drink stirrers.
• Single-use plastic bags, both those used at points of sale and those used to package bulk products or food.
• Expanded polystyrene (styrofoam or foam) containers for food and beverages, including trays, cups, and receptacles.
• Plastic sticks for balloons, flags, and similar items.
• Plastic swabs (applicators with a plastic rod).
• Plastic confetti and sequins for decorative use that cannot be recovered.

This list covers the most common items, but the law may include additional provisions according to the implementing regulations. It is always advisable to consult the official text published in the Gaceta Oficial or seek specialized legal counsel to verify whether a specific item in your operation is covered.

From What Date the Prohibitions Apply

Law 36-26 contemplates a phased entry-into-force scheme, not an immediate prohibition on everything at the same time. This design recognizes that productive sectors need time to adapt, change suppliers, and draw down inventories.

The key dates you need to keep in mind are:

• Initial phase: Upon enactment, the law establishes immediate registration, notification, and preparation obligations for actors in the production and importation chain.
• Progressive deadlines: Items with the greatest environmental impact and those that have substitutes available in the Dominican market have shorter deadlines. Items with less availability of alternatives may have extended deadlines.
• Transitional provisions: The law includes grace periods so that businesses and companies can draw down inventory already acquired before the effective date of prohibition, provided it can be demonstrated that it was purchased before the law entered into force.

Since the exact deadlines depend on the implementing regulations issued by the Ministry of Environment and Natural Resources, the most prudent course of action is to consult the updated text of the regulations or contact the institution directly to confirm the current dates for each product category.

Who It Applies To: Which Companies Must Act

The law covers the entire chain, from the producer to whoever delivers the product to the end consumer. This means you need to review your situation if you are:

• A local manufacturer of any of the listed items.
• An importer who brings these products from abroad.
• A wholesale distributor that sells them to retail businesses.
• A retail business (supermarket, pharmacy, store) that delivers them to the consumer.
• A food service company (restaurants, hotels, catering) that uses them for serving or packaging.
• A manufacturing or industrial company that uses them as part of its packaging or internal distribution process.

If your company imports plastic raw materials to manufacture other products, the scope depends on the final use. A resin supplier, for example, is not directly prohibited, but its customers may be if they manufacture items on the list.

What Penalties the Law Provides For

Failing to comply with Law 36-26 has legal and economic consequences. Among the penalties the law contemplates are:

• Financial fines that vary according to the severity of the infraction and recidivism.
• Confiscation of prohibited products found in circulation or storage.
• Suspension of activities for businesses that persist in violating the regulation.
• Temporary or permanent closure of the establishment in cases of serious or repeated infraction.

The enforcement of penalties falls to the Ministry of Environment and Natural Resources, with the support of other competent authorities depending on the type of infraction and the sector involved.

What Changes You Need to Make in Your Operation

Complying with the law is not just about stopping the purchase of certain items. It involves reviewing several points in the process:

• Auditing your supply chain: identify which single-use plastics you use today and at what point in the process they appear.
• Finding alternatives: for each prohibited item, there is or is emerging a reusable, paper-based, bioplastic, or other permitted-material alternative. Cost and availability vary by supplier and volume.
• Reviewing supplier contracts: if you have long-term supply agreements that include prohibited items, you need to renegotiate them before the transition deadline expires.
• Training staff: from the purchasing department to the point of sale, everyone needs to know which items they can no longer acquire or distribute.
• Documenting existing inventory: if you have stock of products purchased before the prohibition took effect, document the purchase dates. That may be relevant if a transitional period exists to draw down inventory.
• Properly managing the waste generated: plastics you remove from your operation must be disposed of properly, not simply sent to a landfill or burned.

What Happens with the Plastics Already in Your Company

One of the most frequently asked questions is what to do with the inventory of prohibited items that a company already has in storage. The answer depends on whether the law or its regulations establish a grace period to draw down prior stock.

If that period exists, you may continue using or selling the inventory acquired before the prohibition date, provided you can demonstrate with invoices or accounting records that the purchase predates the law. Once that deadline has passed, the remaining inventory may no longer circulate either.

For the plastic waste resulting from this transition — items removed from circulation, production offcuts, obsolete packaging material — the best alternative is to channel them to companies specializing in recycling and recovery, which can reintroduce that material into the productive chain instead of sending it to final disposal.

How Recycling Can Help You in This Process

The transition required by Law 36-26 inevitably generates a greater volume of industrial plastic waste: packaging that is being replaced, materials being phased out, inventory that can no longer remain in circulation. Managing that waste responsibly is not only an environmental obligation but also a way to recover value from materials that would otherwise carry a disposal cost.

At Scrapmen Recycling Group we buy, process, and recover post-industrial and post-consumer plastic waste to reintroduce it as raw material into the productive chain. If your company is in the midst of a transition and needs a reliable channel to manage the plastics you are removing from your operation, we can help you do so in an orderly and traceable manner.

Frequently Asked Questions

Does the law apply to companies that use single-use plastics internally, not for sale?

Yes. The prohibition is not limited to those who sell or distribute these items to the public. It also applies to companies that use them within their operation — for example, as part of the packaging process, in industrial cafeterias, or when delivering orders to customers. If you use items on the list even though you do not sell them commercially, you are still subject to the restrictions established by the law.

What alternatives exist for the items the law prohibits?

For most prohibited items, alternatives are already available on the market: wooden, paper, or bioplastic utensils; reusable cloth bags or bags made from certified materials; and cardboard or compostable-material containers for food. Availability and cost vary by supplier and the volume you handle. The recommended approach is to begin searching for alternatives early, before the prohibition deadline for each item arrives.

What do I do with the plastic I remove from my operation during the transition?

Plastics you remove from your operation must be properly disposed of. Sending them to a landfill or burning them has an environmental impact and may generate additional legal liabilities. The most advisable alternative is to channel them to recycling and recovery companies that can reintroduce that material into the productive chain, reducing both the environmental impact and the final disposal cost for your company.