New regulations on offensive odours impose strict requirements: businesses could face penalties if they do not prepare in time
The Regulations on the Control of Offensive Odours (Executive Decree No. 45308-S-MAG-MINAE), published in La Gaceta No. 218, issue 149, of 19 November 2025, will come into force on 19 May 2027. Although the deadline may seem generous, experts warn that the time available for preparation is limited, given the technical and operational complexity of the obligations it introduces.
At ECIJA Costa Rica, we urge companies to plan ahead to ensure compliance, particularly if their operations generate emissions that could be classified as offensive odours.
“This regulation not only introduces clear technical limits, but also establishes mechanisms for public complaints that can trigger administrative proceedings even before companies are prepared. Waiting until the last minute could jeopardise the operational continuity of many organisations,” warned Marco Quesada, Director of Environmental Law at ECIJA Costa Rica.
Scope of application
The regulation applies to all natural or legal persons, whether public or private, within the national territory who operate fixed sources of odour emissions arising from their production processes and who hold a health operating permit.
In particular, it regulates activities capable of generating emissions of substances associated with offensive odours that may affect environmental quality and public health.
Furthermore, companies must ensure that the odours generated do not exceed the maximum permissible limits outside their premises. Among the activities for which operational reports must be submitted are:
- Manufacture of chemical substances.
- Waste management and treatment.
- Coffee roasting and grinding.
- Production of pesticides.
- Manufacture of paints.
Risk of complaints and the need for an initial assessment
The regulations allow any affected person to lodge complaints with the relevant Health Authority. In this context, the absence of documented control measures may lead to administrative proceedings and penalties.
It is therefore recommended that preliminary technical assessments be carried out to identify risks of non-compliance and define mitigation strategies.
“The regulation introduces a significant change: it is no longer enough to react to an inspection; instead, companies must demonstrate a proactive approach to managing their emissions. Organisations that lack technical support or evidence of control measures will be in a vulnerable position should complaints be lodged,” explained Quesada.
Operational reports and technical requirements
Where offensive odours are generated, companies must submit operational reports to the Ministry of Health, in accordance with the technical parameters set out in the regulations.
The regulations:
- Sets maximum permissible emission limits.
- Defines measurement methodologies.
- Specifies the content and format of the reports.
- Regulates the requirements for professionals responsible for carrying out assessments.
In certain cases, it will be possible to be exempted from the requirement to submit reports if it can be demonstrated that effective solutions have been implemented to eliminate the generation of offensive odours.
Practical recommendations for businesses
In view of the imminent entry into force of the regulation, ECIJA Costa Rica recommends:
- Carry out initial technical assessments to determine whether problematic emissions are present.
- Implement emission control and treatment systems, as appropriate.
- Establish internal protocols and regular monitoring to ensure ongoing compliance.
- Strengthen the culture of environmental compliance by integrating these requirements into the corporate strategy.