Single-use plastic

Packaging: the decree comes into force today – here are the new rules and penalties

This covers packaging used for fresh fruit and vegetables, in the restaurant and catering sectors, for single-portion food items, and in the hospitality sector

Adobe Stock

2' min read

Translated by AI
Versione italiana

2' min read

Translated by AI
Versione italiana

From today, new requirements come into force regarding packaging used for fresh fruit and vegetables, in the restaurant and catering sectors, for single-portion food items and in the hospitality sector: such packaging may only be placed on the domestic market for the first time if it is biodegradable and compostable and certified as such. This is set out in the Packaging Decree-Law, which was approved at the Council of Ministers meeting on Tuesday 4 August and published in the Official Gazette on 7 August.

The packaging involved

Single-use plastic packaging used for pre-packaged fresh fruit and vegetables weighing less than 1.5 kg will be the first to have to comply with the criteria for biodegradability and compostability. The same applies to single-use plastic packaging for food and drink, which is filled and intended for consumption on the premises of the hotel, restaurant and catering sectors.

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In the HoReCa sector, packaging containing individual portions of condiments – including preserves, sauces, coffee cream and sugar – will also have to comply with the new regulations. Exceptions, however, are made for packaging supplied with ready-to-eat takeaway food intended for immediate consumption without the need for further preparation, and for packaging used to ensure safety and hygiene in facilities such as hospitals, clinics or care homes.

Finally, the new decree applies to single-use 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.

Penalties

The decree provides for fines ranging from 2,500 to 25,000 euros – which will come into force from 1 January 2030 – for anyone who breaches the new rules, including by using declarations of conformity or other misleading or evasive wording.

Penalties may be increased to up to four times the maximum amount if the infringement relates to quantities of packaging worth more than 10 per cent of the offender’s turnover. The penalties will apply from 1 January 2030.

The European Regulation

According to the government, the new legislation has become necessary as a result of EU Regulation 2025/40, the PPWR (Packaging and Packaging Waste Regulation), which stipulates, as a general rule, that packaging placed on the market must be recyclable and introduces restrictions on the use of certain types of single-use packaging from 2030.

However, the PPWR provides for an exemption that allows Member States to apply compostability criteria rather than the more stringent recyclability criteria for certain categories of packaging. This is, however, only possible if certain requirements are met and if there are sufficiently developed management systems for the organic waste stream.

‘The timely entry into force of the legislation – as stated in the technical report accompanying the decree – does not place an additional burden on businesses, but rather constitutes a necessary condition for Italia to be able to avail itself of the derogation provided for in the European regulation.’ Without this measure, “it would no longer be possible to apply the national compostability requirements to the categories of packaging identified by the regulation, resulting in the full application of the standard European regime based on recyclability and the associated restrictions, which are far more onerous for the sector”.

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