A Guide to Product Packaging Regulations

Transcription

1 A Guide to Product Packaging Regulations Business Information Factsheet BIF327 November 2016 Introduction Any business that supplies or sells packaged products must ensure that the packaging complies with product packaging regulations. These cover issues such as packaging materials, the amount of packaging that may be used and information which must be provided on packaging. The regulations also set standards concerning how packaging can be safely reused, recycled or disposed of. Appropriate packaging helps ensure that products arrive at their destination without damage and enables manufacturers to provide essential information for end users. However, excessive packaging can breach regulations and damage the reputation of a business. This factsheet provides a summary of the main packaging regulations and explains the requirements that must be met in order for packaging to comply with the law. Which regulations cover packaging? The main UK-wide legislation is the Packaging (Essential Requirements) Regulations 2015 ('the Packaging Regulations'), which implement Directive 94/62/EC on Packing and Packaging Waste into UK law. Other important regulations include: The Producer Responsibility Obligations (Packaging Waste) Regulations 2007 and the Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 2007, which are intended to ensure that the UK Government meets the recovery and recycling targets set out by Directive 94/62/EC. Both sets of regulations are referred to collectively as 'the Producer Responsibility Obligations Regulations' throughout the rest of this factsheet. The Weights and Measures (Packaged Goods) Regulations 2006 and the Weights and Measures (Packaged Goods) Regulations (Northern Ireland) 2011, which are intended to protect consumers from short measures by placing duties on packers and importers. Both sets of regulations are referred to collectively as 'the Weights and Measures (Packaged Goods) Regulations' throughout the rest of this factsheet. What is packaging? Under the Packaging Regulations, 'packaging' means any item that is used to hold, protect, handle, deliver or present goods at any point in the supply chain. The Regulations explicitly include items that perform another function, as well as one of the functions listed above within the definition of packaging, unless the item forms an integral BIF327 Product Packaging Regulations - A Guide to Page 1 of 6

2 part of the product and is necessary to contain, support or preserve that product throughout its lifetime. For example, the wax around cheese, printer ink cartridges and soluble 'skins' for washing machine pods are outside the definition of packaging. In contrast, coat hangers and matchboxes are classed as packaging under the Regulations. In addition, the following items are explicitly defined as packaging: Components or ancillary items that are attached to or integrated into packaging, such as gift tags tied to or glued on wrapping paper, unless they are an integral part of the product and intended to be used, consumed or disposed of together. Items sold or supplied separately to products that are designed or intended to be used to be filled at the point of sale, including disposable items. Examples include pic 'n' mix cups, wine carriers and carrier bags. Schedule 5 of the Packaging Regulations lists illustrative examples of packaging. Go to to view the Schedule (as originally published) in full. The Packaging (Essential Requirements) Regulations 2015 The Packaging Regulations place a duty on 'responsible persons' to ensure that packaging placed on the market complies with the essential requirements ('general duty relating to the placing on the market of packaging'). They also require responsible persons not to place any packaging on the market if it contains more than a minimum amount of regulated metals, such as lead and mercury, and empower enforcement authorities to request technical paperwork from responsible persons which demonstrates that packaging meets the essential requirements. A responsible person means anyone who: Is responsible for packaging products. Presents themselves as responsible by affixing their name, trade mark or other distinctive mark to the packaging. Reconditions packaging for reuse. Imports or manufactures packaging. Anyone who breaches the Packaging Regulations is committing an offence. It is possible for a packaging manufacturer to be prosecuted for supplying packaging that does not comply with the Regulations, even if no action was taken against the wholesalers and retailers who supplied or sold their products. The essential requirements The essential requirements are set out in Schedule 1 of the Packaging Regulations. In summary, in order to comply with the requirements: The weight and volume of packaging must be no more than the minimum amount needed to ensure the necessary level of safety and hygiene for the product and consumers, and to ensure that the product is acceptable for consumers. BIF327 Product Packaging Regulations - A Guide to Page 2 of 6

3 Packaging must be capable of being re-used or recovered, including by recycling (for example, through incineration to generate energy or through organic recovery such as composting). The presence of hazardous substances must be minimised, with regard to their presence in emissions when the packaging is incinerated or landfilled. Packaging automatically complies with the essential requirements if it meets national standards that implement relevant harmonised standards, such as BS EN 13427:2004 implementing CEN EN 13427:2004, or national standards that have been approved by the European Commission as complying with the essential requirements. The Producer Responsibility Obligations Regulations The Producer Responsibility Obligations Regulations apply to any business that meets the following threshold criteria: The business handled more than 50 tonnes of packaging or packaging material in the previous calendar year. The business had an annual turnover that exceeded 2 million, based on the most recent financial year for which accounts are available. Every year during which the Regulations apply to a business is referred to as a 'relevant year'. For example, where a business handled 100 tonnes of packaging in 2016 and had a turnover of 5 million during the financial year 2015/16, it will be subject to the Regulations throughout the relevant year of In order to comply with the Regulations, a business operator must belong to a compliance scheme for the duration of the relevant year or be registered directly with the appropriate national environmental regulator. In England, this is the Environment Agency (EA); in Wales, it is Natural Resources Wales (NRW); in Scotland, it is the Scottish Environment Protection Agency (SEPA); and in Northern Ireland, it is the Northern Ireland Environment Agency (NIEA). Additional requirements apply to operators that choose to register their business directly with a regulator rather than join a compliance scheme, although this does avoid scheme membership costs. For details of registered UK compliance schemes, go to PublicRegisterSchemes.aspx. The Weights and Measures (Packaged Goods) Regulations The Weights and Measures (Packaged Goods) Regulations apply to any business that packs or imports packaged goods to a nominal quantity, meaning a stated weight or volume. This includes multipacks of such goods, such as multipacks of crisps, bottles of lemonade or individually wrapped chocolate bars. Packaged goods with a nominal quantity of less than 5 grams or 5 millilitres or more than 25 kilograms or 25 litres are exempt from the Regulations. Certain types of goods are also exempt, including, for example, small loaves of bread, sugar sachets and single-use cosmetics. All packaging must state the nominal quantity, including outer packaging, of multipacks. For example, the outer packaging of a 12-pack of crisps should display wording such as '12 x 25g' and each individual packet should be marked with '25g' or similar. BIF327 Product Packaging Regulations - A Guide to Page 3 of 6

4 Packaging must also display the name and address of the packer or, for imported goods, the importer. For multipacks, this information is only required on the outer packaging. Packing systems Under the Regulations, packers using a minimum quantity system to package goods must ensure that each package contains at least the 'nominal quantity'. For example, a homemade crisp maker packing crisps into bags marked with a nominal quantity of 25 grams must ensure that every bag weighs at least 25 grams. In contrast, where an average system is used, individual packages can be underweight, provided the packer meets the 'three packers' rules'. The rules are set out by the Regulations and require packers to ensure that: The average contents of individual packages must not be less than the nominal quantity. For example, in relation to a homemade crisp maker packing crisps into gram bags, the average weight must be no less than 25 grams. The proportion of individual packages that are short of the nominal quantity by more than the tolerable negative error (TNE) should be less than a specified level. The TNE depends on the nominal quantity and, for quantities up to 50 grams, is 9% (4.5 grams). No individual package should be short by double the TNE. The 'e' mark The 'e' (estimated) mark is an internationally recognised sign that a product has been packed with a minimum margin of error. Under the Regulations, it can only be used on product packaging where the nominal quantity is no more than 10 kilograms or 10 litres and where the product was packed in accordance with the three packers' rules. The 'e' mark must be: At least three millimetres high and compliant with prescribed dimensions. Visible in the same area as the statement of nominal quantity. Clear, indelible and visible under normal conditions of pack display and purchase. For multipacks of packaged goods marked with the 'e' mark, the outer packaging must also display the mark. Weighing equipment Weighing equipment that is used when packing goods in packaging that will only be removed by end users, must be approved as complying with national or European standards. This is often described as 'Trade Approved', 'Verified for Trade Use' or 'Weights and Measures Approved' and is confirmed by a stamp, sticker or other indication applied by the manufacturer or local authority trading standards officers. Manufacturer-approved scales can be sourced from specialist suppliers such as Scalesworld ( and scalesandbalances ( BIF327 Product Packaging Regulations - A Guide to Page 4 of 6

5 Green packaging initiatives There are a number of packaging initiatives that help business operators reduce the environmental impact of their packaging, including: The Waste and Resources Action Programme (WRAP, which publishes guidance and advice for business operators about how they can increase their recycling and become more environmentally efficient. This includes guidance tailored for specific sectors, such as small and medium-sized firms, hospitality and food service, and retail ( Recycle Now ( which is a scheme run by WRAP that provides consumers and business operators with information about which types of product can be recycled. Further information BIF 100 An Introduction to Environmental Regulations Useful publications 'Packaging (Essential Requirements) Regulations: Government guidance notes' (2015) Department for Business, Energy & Industrial Strategy Website: 'Packaging waste: Producer responsibilities' The Environment Agency Website: Useful contacts The Environment Agency, Natural Resources Wales, the Scottish Environmental Protection Agency and the Northern Ireland Environment Agency are environmental regulators responsible for protecting and improving water, land and biodiversity in the corresponding parts of the UK. Each organisation is responsible for registering producers under the Producer Responsibility Obligations (Packaging Waste) Regulations 2007, or the equivalent legislation in Northern Ireland, and also maintains a register of waste carriers, issues environmental permits and provides advice and guidance to help business operators protect the environment and manage waste more efficiently. Environment Agency (EA) Tel: Website: Natural Resources Wales (NRW) Tel: Website: Scottish Environment Protection Agency (SEPA) Tel: BIF327 Product Packaging Regulations - A Guide to Page 5 of 6

6 Website: Northern Ireland Environment Agency (NIEA) Tel: Website: NetRegs is a partnership between SEPA and NIEA that provides free guidance on environmental regulations in Scotland and Northern Ireland. Website: The Waste and Resources Action Programme (WRAP) helps business operators, public bodies and communities to reduce waste, increase recycling and make better use of resources. Tel: (01295) Website: The Industry Council for Research on Packaging and the Environment (INCPEN) is an organisation of established manufacturers and retailers with an interest in packaging sustainability. Tel: (0118) Website: DISCLAIMER While all reasonable efforts have been made, the publisher makes no warranties that this information is accurate and up-to-date and will not be responsible for any errors or omissions in the information nor any consequences of any errors or omissions. Professional advice should be sought where appropriate. Cobweb Information Ltd, Unit 9 Bankside, The Watermark, Gateshead, NE11 9SY. Tel: Website: BIF327 Product Packaging Regulations - A Guide to Page 6 of 6