Thursday, July 30, 2026Panama City

Nexo Capital

Legislation · Markets · Investment
Inversión y Comercio

Bill seeks to ban charges for reusable bags in Panamanian businesses

The initiative amends Law 1 of 2018 to require establishments to provide eco-friendly bags at no additional cost to the consumer.

Fachadas coloniales del Casco Antiguo de la Ciudad de Panama
By Redacción Nexo Capital · Mesa Editorial · April 28, 2026

The National Assembly received Bill 638 on April 21, 2026, promoted by legislator Marcos Castillero Barahona (Circuit 6-3) and adopted on the 27th of that same month by the Commerce and Economic Affairs Committee. The initiative amends two articles and adds a new one to Law 1 of January 19, 2018, the rule that since its promulgation has prohibited the use of polyethylene bags and promoted reusable alternatives in commercial establishments across the country.

The core of the reform falls on Article 6 of the current law. In its current text, that provision allows businesses to charge customers for the reusable bags they provide. The bill removes that authority and replaces it with an express obligation: commercial establishments must provide reusable bags or environmentally friendly alternatives at no additional cost, as part of the service inherent to the sale of goods. The ban is absolute: the text states that under no circumstances may the cost of those bags be passed on to the consumer, either directly or indirectly.

The bill's statement of purpose identifies the current charge as an additional economic burden that broad sectors of the population view as inequitable, given that the consumer already bears the price of the goods purchased. The proposal frames the provision of the bag as a component of the basic sales process, and not as a value-added service subject to separate billing.

To complement the ban on charges, the bill strengthens the powers of the Authority for Consumer Protection and Competition Defense (ACODECO). The new wording of Article 4 of Law 1 of 2018 adds to that institution's existing powers the authority and obligation to verify that no additional costs related to the provision of reusable bags or environmentally friendly alternatives are passed on to the consumer. ACODECO must also establish the corresponding oversight mechanisms. The bill does not specify its own sanctions regime; the consequences for noncompliance would remain subject to the regulator's general framework.

Article 3 of the bill introduces Article 6-A to Law 1 of 2018, recognizing a margin of management for businesses: they may apply reasonable measures to encourage the responsible use of bags, including limiting the quantity provided per transaction. However, any restriction of that kind may not imply a cost to the consumer or unjustifiably restrict access to the service. The proposed rule would enter into force the day after its promulgation in the Official Gazette, with no grace period or phased deadlines. At the close of this edition, Bill 638 is pending first debate in the plenary of the National Assembly.

Sources
  • Proyecto de Ley 638 — Reforma a la Ley 1 de 2018 sobre bolsas reutilizables (Comisión de Comercio y Asuntos Económicos, Asamblea Nacional)

← Back to front page