Sustainable Packaging

The composition and use of packaging

The Packaging (Essential Requirements) Regulations 2003 are concerned with environmental impacts from packaging and packaging waste.  The Packaging (Essential Requirements) (Amendment) Regulations 2004 expanded the definition of 'packaging'.

What the law says

The regulations require packaging to comply with concentration limits for heavy metals and with the essential requirements on composition and the re-usable and recoverable (including recyclable) nature of the packaging.

Concentration limits for heavy metals

The concentration limits apply to lead, cadmium, mercury and hexavalent chromium.

The sum of the concentration level of the above metals in the packaging, or in packaging components, must not exceed 100 parts per million (subject to certain exemptions).

The essential requirements

The essential requirements are aimed at minimising packaging weight and volume, and reducing packaging waste in line with the product's safety, hygiene and consumer acceptance.

Packaging is taken to satisfy the essential requirements if it satisfies relevant harmonised standards.

A summary of the essential requirements is given below.

Manufacturing and composition

• Packaging must be minimal, i.e. it must only be the minimum volume and weight required for safety, hygiene and consumer acceptance.

• Packaging must be designed, produced and sold in such a way that reuse or recovery, including recycling, is possible, and that packaging waste (i.e. packaging that is not reused or recovered) has a minimal impact on the environment.

• Packaging must be manufactured so that, when it is incinerated or land filled, the presence of noxious and other hazardous substances in emissions, ash or leachate is minimised.

Requirements specific to reusable packaging

All of the following requirements must also be satisfied:

• Packaging should be designed so that it can be reused several times.

• The possibility of processing the used packaging in order to meet health and safety requirements for the workforce should be considered.

• When it reaches the end of its useful life, the packaging must meet one of the recoverability requirements listed below.

Requirements specific to the recoverable nature of packaging

Packaging recoverable in the form of recycling:

• A certain percentage of weight of the packaging materials must be recyclable, according to published standards in the Community.

Packaging recoverable in the form of energy recovery:

• Packaging waste processed to produce energy must have a minimum calorific value.

Packaging recoverable in the form of composting:

• Packaging waste processed for the purpose of composting must be so biodegradable that it does not adversely affect the composting process or collection of compost.

Biodegradable packaging:

• Biodegradable packaging waste must ultimately decompose into mainly carbon dioxide, biomass and water.

Who is responsible?

Responsibility for compliance lies with the person who places the packaging or packaging components onto the market. This includes anyone who puts his/her name, mark or trademark on the package, or the importer.

The person also has a duty to maintain technical documentation to show that the packaging complies. The documentation must be kept for four years and produced to the enforcement authority within 28 days of a request. The documentation should refer to all the essential requirements. Particular care should be taken when considering 'consumer acceptance' of over-packaging. If it could be argued that consumers are buying goods despite rather than because of excessive packaging, then you may not be complying with the regulations.

The cost of non-compliance could be substantial. Non-complying products can be suspended from supply, and offenders are liable to an unlimited fine if convicted on indictment.

Special rules apply if you handle more than 50 tonnes of packaging a year and you have a turnover of more than £2 million. If this is the case then contact the Department for the Environment, Food and Rural Affairs (DEFRA).

Please note: This is not an authoritative interpretation of the law and is intended only for guidance. For further information, please contact us at Doncaster Trading Standards.