Fair Trading

The Packaging (Essential Requirements) Regulations 2003 As Amended

by Sandy Nicol

These regulations are concerned with the environmental impact from packaging and packaging waste which is becoming more and more important in these days of waste minimisation.

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 nature of the packaging.

Concentration limits for heavy metals

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

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

The essential requirements

The essential requirements are aimed at minimising packaging weight and volume, and reducing packaging waste.

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 is possible, and that packaging waste 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 hazardous substances 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.

The possibility of processing the used packaging in order to meet health and safety requirements 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

1. Packaging recoverable in the form of recycling - a certain percentage of the packaging materials must be recyclable.
2. Packaging recoverable in the form of energy recovery - packaging waste processed to produce energy must have a minimum calorific value.
3. Packaging recoverable in the form of composting - packaging waste processed for the purpose of composting must be biodegradable.
4. Biodegradable packaging - biodegradable packaging waste must ultimately decompose into 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 i.e. anyone who puts their name or trademark on the package, or the importer.

Non-complying products can be suspended from supply, and offenders are liable to an unlimited fine if convicted.

Further information on these regulations can be obtained from Trading Standards on 01738-476476 or on the DTI website.