New EU produce packaging rules put US exporters on the clock

United States exporters shipping to the European Union should prepare for a produce packaging overhaul, as the bloc starts rolling out its Packaging and Packaging Waste Regulation (PPWR) next month.

Speaking during an International Fresh Produce Association (IFPA) webinar, Jacqueline Mailly, Senior EU Regulatory Affairs Advisor at Hogan Lovells Cadwalader International, said the regulation creates a single set of packaging rules across all 27 EU member states. This replaces the patchwork of national approaches developed under the previous Packaging and Packaging Waste Directive.

"There was a lack of a level playing field, which in an EU internal market where goods can move freely, led to issues and complications for food business operators,” Mailly explained. “And there was a need to deal more drastically with the hazardous substances present in produce packaging."

The new regulation applies to all packaging placed on the EU market, including produce containers, cartons, pallet wrap, labels and transport packaging, regardless of where the products originate.

The first provisions taking effect on August 12 include restrictions on per- and polyfluoroalkyl substances (PFAS) in food-contact packaging, new conformity assessment requirements, packaging minimization rules and extended producer responsibility obligations.

Mailly warned that companies will not have a transition period to use up non-compliant PFAS packaging after the rules become applicable.

"The legislation didn't come just out of falling out of the sky," she stressed. “Several measures have been taken already in relation to single-use plastics. But clearly not enough.”

According to figures presented during the webinar from the European Commission's Directorate-General for Environment, packaging accounts for 50 percent of marine litter, 40 percent of plastic waste and 36 percent of municipal solid waste in the EU. Europeans generated about 410 pounds of packaging waste per person in 2022, while the food industry accounts for roughly two-thirds of packaged products sold across the bloc.

Produce packaging faces 2030 deadline

One of the regulation's most significant provisions for the fresh produce industry takes effect January 1, 2030, when single-use plastic packaging for fresh fruit and vegetables weighing less than 3.3 pounds is scheduled to be prohibited under the regulation's current wording.

The restriction covers bags, nets, trays and containers, although European Commission guidance states the ban does not apply where packaging contains less than five percent plastic.

Member states may introduce exemptions where packaging is needed to prevent water loss, reduce microbiological risks, avoid physical damage or separate organic and conventional produce. However, the European Commission is reviewing those exemptions in an effort to create a harmonized approach across the EU.

The commission has asked the European Food Safety Authority (EFSA) to deliver a scientific opinion on food safety exemptions by the end of the year, with implementation guidelines expected by February 12, 2027.

Produce packaging recyclability requirements also begin in 2030, where materials must achieve at least a Grade C recyclability rating, equivalent to at least 70 percent recyclability.

“And by 2035, it must also be recyclable at scale. That means you need the whole infrastructure in place for collection and recycling within a closed operation. And by 2038, only grade A and B would be permissible,” Mailly explained.

Compliance reaches beyond the box

The regulation also introduces harmonized packaging labels across the EU beginning in 2028 and places new documentation responsibilities on manufacturers.

Companies identified as the manufacturer under the regulation must prepare technical documentation, complete conformity assessments and issue declarations of conformity for each packaging type. The documentation must be retained for five years for single-use packaging and ten years for reusable packaging.

Mailly noted that the legal definition of manufacturer may extend beyond the company physically producing the packaging. Businesses that design produce packaging or place it on the market under their own brand could assume those responsibilities.

Extended producer responsibility requirements remain in place, ordering producers to register with national systems, report packaging volumes and contribute to waste management costs. Future fees are expected to reflect packaging recyclability.

Enforcement will remain the responsibility of individual member states, which must establish national penalty systems by February 12, 2027. The regulation requires mandatory fines for violations involving excessive packaging, single-use plastic restrictions and reuse targets.

*All images are referential via Unsplash.

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