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.
Legal basis
Primary legislation and key regulations