Costa Rica: new regulations to control offensive odours: companies must measure, report and correct emissions

Écija Costa Rica Editorial Office.

Costa Rica took a significant step forward in environmental health with the publication of the Official Odour Control Regulations (Executive Decree No. 45308-S-MAG-MINAE), which will come into force on 20 May 2027 and introduce a technical and binding system for the management of odours generated by industrial, commercial and service activities.

The regulation defines offensive odour as "an odour generated by substances from industrial, agricultural, commercial or service processes or operations, which causes discomfort or affects the well-being and mental health of the people who perceive it, and may or may not cause harm to human health".

The regulation also details how measurements should be taken, sets maximum permissible limits and imposes new obligations on all activities operating under a Health Operating Permit, except those regulated by MAG or SENASA through a veterinary certificate.

A stricter and more technical procedure

Once it comes into force, all odour complaints must be dealt with within a maximum of 30 calendar days, with at least two inspection visits and an assessment based on the FIDO  methodology ( frequency, intensity, duration and offensiveness). When odour pollution is determined to exist, the company must measure and report its emissions, implement corrections and submit a Corrective Action Plan with root causes, proposed actions and a verifiable timeline.

Jordan Arias, director of Écija's Regulatory Law practice, highlighted that the change is profound:

"For the first time in Costa Rica, objective and measurable criteria are being established to determine whether an odour constitutes pollution. Companies will no longer be able to rely on general explanations: they will have to demonstrate technical compliance."

Impact on productive sectors

The regulation will have an impact on the food, chemical, pharmaceutical, tanning, coffee plant, waste management, wastewater treatment plant, workshop and warehouse industries, among others.

Arias points out that these sectors will have to prepare to invest in more sophisticated systems:

"Establishments with the potential to generate odours will have to implement solutions such as filters, scrubbers or activated carbon systems. The regulation not only requires correction: it requires verification and reporting that the correction works."

Penalties and enforcement mechanisms

The Ministry of Health may apply measures provided for in the General Health Law, ranging from partial or total closure of establishments to suspension of permits, confiscations, and withdrawal of products from the market.

The regulation also incorporates incentives for those who maintain good performance, including the possibility of requesting exemption from annual operational reports if sustained compliance is demonstrated in subsequent measurements.

Towards a new regulatory culture

The entry into force of the regulations marks a paradigm shift in the management of neighbourhood conflicts over odours, incorporating instruments such as dynamic olfactometry and standardised procedures.

According to Arias, this will translate into a more predictable regulatory environment:

"Communities will have faster and more technical processes, and companies will have to professionalise their emissions management. It is a change that modernises the relationship between industry, public health and the environment."