EXTENDED PRODUCER RESPONSIBILITY. LEGAL REQUIREMENTS FOR 2025

In the era of sustainability and environmental responsibility, Extended Producer Responsibility (EPR) is becoming a key element in reducing environmental impact. But what is Extended Producer Responsibility, and what requirements does it entail? Keep reading, and we'll explain.

Extended Producer Responsibility is an environmental strategy or policy that assigns manufacturers and distributors the responsibility for the entire life cycle of the products they market, from design to waste management. This means that producers must take care of not only the manufacturing and distribution of their products but also the management of the packaging and waste they generate. Additionally, producers are responsible for the economic cost involved in the collection and recycling of their products and the resulting waste.

To understand the origin of EPR, we must go back to the 1990s when specific regulations began to develop, determining the producer's responsibility for the waste generated by their products. This initiative to respect the environment led to the development of the first regulation published in this area in the European Union, Directive 94/62/EC on packaging and packaging waste, which already outlined the initial obligations for producers as well as recycling targets.

In our country, it was Law 11/1997, of April 24, that introduced the European Directive into Spain, marking the beginning of the era of sustainability and environmental protection, not only in our country but also at the European level. Subsequently, Royal Decree 1055/2022, of December 27, on packaging and packaging waste, came into force, repealing Law 11/97. It expanded Extended Producer Responsibility for household packaging to commercial and industrial packaging, incorporating new objectives and expanding existing ones: Prevention and reduction, reuse and separate collection, and recycling of packaging.

This regulation also provides that operators can comply with the obligations derived from EPR through Collective Extended Producer Responsibility Systems (SCRAP), composed of several producing companies with the aim of collectively fulfilling the obligations imposed by the law. The most clear example of SCRAP in Spain is Ecoembes, the entity that manages light household packaging. Most packaged food products come in light household packaging, so producers have the option to join the packaging waste management system, allowing SCRAP to handle the collection, sorting, and treatment of the packaging to comply with the Packaging Law.

How does the Packaging Law affect product labeling?

Starting from the principle that packaging should be designed to reduce environmental impact and waste generation throughout its life cycle, both in its manufacture and subsequent use, and ensuring that the recovery and disposal of packaging that has become waste is carried out without endangering human health and without harming the environment, and in accordance with the waste hierarchy principle, the labeling of dietary supplements placed on the market must comply with the provisions of Article 13 of the aforementioned Royal Decree 1055/2022:

1. Indication of Reusability and Deposit, Return, and Refund System: Packaging will indicate its reusable condition and the symbol associated with the deposit, return, and refund system. Additionally, packaging may be identified with symbols accrediting membership in the extended producer responsibility system.
2. Marking for Recycling: From January 2025, it will be mandatory for product labeling to indicate the container in which the packaging waste should be disposed of. In the case of packaging made from different materials, if they can be easily separated, the fraction or container where they should be disposed of will be indicated. When the materials cannot be easily separated, or in the case of composite packaging, the fraction or container corresponding to the predominant material by weight will be indicated unless a better collection alternative is demonstrated that would avoid possible issues in the subsequent recycling process, in which case the appropriate container will be indicated.
3. Prohibition on Labeling: Marking packaging with the words "environmentally friendly" or any equivalent that could lead to abandoning the packaging in the environment is prohibited.
4. Plastic Packaging:Plastic packaging included in Part D of Annex IV of Law 7/2022, of April 8, must be marked according to the specifications of Commission Implementing Regulation (EU) 2020/2151 of December 17, 2020. These products include:
   • Sanitary pads, tampons, and tampon applicators.
   • Wet wipes, i.e., pre-moistened wipes for personal hygiene and household use.
   • Tobacco products with filters and filters marketed for use in combination with tobacco products.
   • Beverage cups.
5. Visibility and Durability of Marking: Packaging must display the regulated markings, either on the packaging itself or on the label. This marking must be clearly visible, easily readable, and durable, even after opening the package.
6. Information on Hazardous Substances: Product producers must collect information from manufacturers, importers, or intra-community purchasers of empty packaging regarding their composition and, where applicable, the presence of hazardous substances or substances that may affect proper management. Before the first market introduction of the packaging, they must make this information available to packaging waste managers free of charge through extended producer responsibility systems.

The aforementioned Royal Decree 1055/2022 also includes a series of voluntary mentions regarding the labeling of products placed on the market, specifically:

1. Packaging may be marked to indicate the material from which it is made, in accordance with the abbreviations or numbers regulated in Commission Decision 97/129/EC of January 28, 1997, establishing the identification system for packaging materials in accordance with Directive 94/62/EC of the European Parliament and the Council. This marking will be voluntary unless otherwise established by European Union regulations.
2. Packaging may be marked with the percentage of packaging material, including its components, available for quality recycling. This information may only be indicated if obtained through an auditable and certifiable evaluation by entities independent of the packaging manufacturers and the product producers themselves, considering the existing collection, sorting, and recycling technologies on an industrial scale with sufficient geographic coverage throughout the state at the time of market introduction. This percentage must be reviewed at least every five years.
3. The labeling will indicate that the packaging is certified according to the European standard UNE EN 13432:2001 "Packaging and packaging waste. Requirements for packaging recoverable through composting and biodegradation. Test program and evaluation criteria for final acceptance of packaging," as well as other European and national standards on compostability of plastics under industrial conditions or biodegradation through domestic and community composting, as applicable. Packaging that is compostable in domestic or industrial composting will carry the indication "do not litter."
4. Packaging may be marked to indicate the percentage of recycled material it contains. Documentation verifying this percentage must be available.

The commitment to sustainability is a journey that benefits everyone. By adopting Extended Producer Responsibility practices, companies in the dietary supplements and food industry can lead the way toward a greener and more responsible future.

WE CAN HELP YOU

At LexSupplements Legal Food Consulting, we specialize in extended producer responsibility and can assist you in ensuring that your product labels comply with current legal specifications. Join the commitment to sustainability.