Crackdown on disposable plastic: what the packaging decree provides

From fruit, vegetable and drink wrappers to cosmetics used by hotels, there are numerous products affected by the crackdown on disposable plastic contained in the packaging decree definitively approved by the Chamber. The measures have been in force since 8 August and aim to bind the placing on the market of some specific single-use plastic packaging to compliance with biodegradability and compostability criteria. The objectives include protecting the environment and natural resources, reducing the environmental impacts of single-use plastic and promoting the circular economy.

The text of the law makes the criteria that single-use plastic packaging must comply with when placed on the national market for the first time more restrictive. Specifically, in addition to respecting the formats and uses permitted by the EU regulation in force from February 2025, the Ppwr (Packaging and packaging waste regulation), the packaging must be certified by accredited bodies as biodegradable and compostable in compliance with European standards. The executive's objective is to comply with community rules without damaging the industry. In fact, the decree also aims to provide support for industrial innovation and the competitiveness of companies operating in the compostable bioplastics sector, as well as promoting technological and production innovation in the compostable packaging sector.

The biodegradability and compostability criteria must be respected first and foremost by disposable plastic packaging used for pre-packaged fresh fruit and vegetables weighing less than 1.5 kg. Those that contain food and drinks, filled and intended for consumption in the premises of the hotel, restaurant and catering sector are also involved. In the Horeca sector, packaging containing individual portions of condiments, including preserves, sauces, coffee cream and sugar, must also comply with the new rules. However, exceptions are those supplied together with ready-to-take foods intended for immediate consumption without the need for further preparation and those used to guarantee safety and hygiene in structures such as hospitals, clinics or healthcare residences.

Finally, the measures of the new decree apply to disposable flexible packaging for cosmetics and hygiene products used in the hospitality sector for tourists and travellers, intended for individual use and to be disposed of before the arrival of the next guest.

In case of violation of the new rules, the decree provides for fines from 2,500 to 25 thousand euros which will be applied starting from 1 January 2030. Administrative sanctions are triggered when the limits imposed by the law are transgressed, including by using declarations of conformity or other misleading or elusive wording. Penalties can be increased up to four times the maximum if the violation concerns quantities of packaging with a value greater than 10% of the offender's turnover.