Manufacturing & Engineering

Design packaging that meets the legal requirements

If you fill, import or brand packaging, it must meet the essential requirements on weight, recovery and hazardous substances, and its lead, cadmium, mercury and hexavalent chromium must total no more than 100 ppm. You must keep proof for 4 years, and any recyclability claim must not mislead.

UK-wide

Who must comply

The duty falls on the responsible person, who is whoever packs or fills the product, is presented as responsible by having their name or trade mark on the packaging, reconditions it for reuse, or imports it. It covers sales, grouped and transport packaging, other than road, rail, ship and air containers. Reused packaging is not treated as placed on the market again.

Meet the essential requirements

Two further essential requirements apply. Reusable packaging must withstand a number of trips in normal use and be processable safely between uses. Packaging described as biodegradable must be able to break down into carbon dioxide, biomass and water, and oxo-degradable plastic packaging does not count as biodegradable.

Packaging that meets a relevant harmonised standard from the European Committee for Standardisation (CEN) is treated as complying.

Heavy metals exemptions

The heavy metals limit does not apply to packaging made wholly of lead crystal glass. Glass packaging, and plastic crates and pallets used in closed and controlled product loops, are exempt only if they meet the conditions in Schedules 3 and 2.

Keep your proof

On request from the enforcement authority you must supply the technical documentation that shows compliance within 28 days, and keep it for 4 years from the day you place the packaging on the market.

Say only what is true about recycling

The Packaging (Essential Requirements) Regulations do not require a recycling label, but any claim you make about recyclability is subject to consumer protection law. Telling consumers that packaging is recyclable, or leaving out information they need, is a misleading action or omission if it gives a false impression of what they can do with it. The Competition and Markets Authority expects environmental claims to be clear and accurate for everyone in the supply chain, and not to hide information that would change how a buyer sees the product.

A large producer under extended producer responsibility must assess the recyclability of its household packaging using the government's recyclability assessment methodology.

Official guidance