Italy permits compostable plastics for fresh produce, condiments

ITALY – Italy has passed Decreto-Legge n. 143, mandating compostable versions of single-use plastic packaging formats that would otherwise be banned under the Packaging and Packaging Waste Regulation from 1 January 2030.

The decree applies to single-use plastic packaging for pre-packaged vegetables weighing less than 1.5kg, and to single-use flexible packaging for cosmetics, beauty and hygiene products served in the hospitality sector that would be discarded before the next guest arrives. 

It also applies to pre-filled, single-use plastic packaging for food and drinks served in the HORECA sector, including products intended for on-site consumption or individual portions of condiments.

Exemptions Cover Takeaway and Medical Packaging

However, the law excludes packaging for takeaway foods intended for immediate consumption without further preparation, and packaging that maintains safety and hygiene in medical environments such as hospitals, clinics and nursing homes. 

All packaging in question must be certified as compostable under EN 13432 or an equivalent standard recognised at European level.

Regulation Provides Member State Alternative Pathway

These requirements originate in Article 25 and Annex V of the Packaging and Packaging Waste Regulation, which will prohibit certain single-use plastic packaging formats on the EU market from 1 January 2030. 

Under Article 9(2)(b) of the Regulation, Member States may permit these formats if they are biodegradable or compostable, collected together with biowaste, and subject to established waste collection schemes and treatment infrastructure for compostable packaging.

Penalties and Transition Period Set for Businesses

The Regulation also requires all packaging placed on the European market to align with design-for-recycling requirements by 1 January 2030, with the Commission expected to publish its criteria by that date. 

Decreto-Legge n. 143 is set to provide businesses with an alternative approach alongside a three-year transition period. 

Businesses that do not comply by 1 January 2030 face penalties of €2,500 (US$2,934) to €25,000 (US$29,343). The maximum fee may increase up to fourfold if the violation concerns quantities of packaging with a value exceeding 10 percent of the company’s turnover. 

Micro-enterprises are exempt under two conditions: where they can demonstrate compostable packaging is not technically feasible, or where they cannot access relevant infrastructure. 

The news follows France’s decision to scrap its mandatory deposit system for plastic bottles in favour of voluntary municipal schemes, and a German proposal to exempt small retailers from appointing authorised representatives in every EU member state.

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