Food Contact Packaging Exemptions: What Is and Isn't Exempt Under PPWR and US State EPR
Direct food contact packaging gets treated differently in some EPR/PPWR rules, but not as broadly as producers often assume. Here is where the exemptions actually apply, where they don't, and what evidence is required to claim them.
By Kevin Kai Wong, Managing Partner at gCurv Technologies
May 16, 2026
The common misconception
A frequent assumption: "It's food contact packaging, so it's exempt from recycled content rules / reuse targets / fee categories." Sometimes true, often partially true, sometimes simply wrong.
Food contact packaging is treated specially in some regulatory contexts because of legitimate safety concerns, using post-consumer recycled material in primary food contact applications has migration and contamination considerations. That treatment shows up in specific carve-outs, not as a general exemption.
For EPR fees broadly, food contact packaging is almost always in scope. The exemptions that exist are usually narrow and require evidence to claim.
EU PPWR treatment
Under PPWR, food contact packaging is generally subject to:
- Recyclability requirements (A/B/C grading). No general exemption for food contact. Food contact packaging must still meet the same grading thresholds.
- Recycled content mandates. This is where exemptions are most likely. PPWR's mandatory recycled content thresholds for plastic packaging differentiate between contact-sensitive and non-contact-sensitive applications, with different (often lower) percentage requirements for contact-sensitive applications, and specific carve-outs for certain categories. Final Article-level treatment is set in the 2026 PPWR implementing acts.
- Reuse and refill targets. Some sectoral targets exclude or modify rules for food contact applications where reuse raises hygiene concerns.
- EPR fees. No general exemption. Food contact packaging is in scope for member-state EPR schemes.
Producers cannot claim a blanket "food contact" exemption from PPWR. They can claim specific Article-level treatment for specific provisions, with the supporting product classification.
US state EPR treatment
US state EPR programs vary in their treatment of food contact packaging:
- California SB 54. PCR (post-consumer recycled content) requirements for plastic packaging include treatment for direct food contact applications. Some categories may have alternate compliance pathways. Refer to current CalRecycle rule details for 2026 specifics.
- Washington state. Recycled content requirements distinguish food contact from non-food contact for specified categories.
- Other states (Oregon, Colorado, Maine, Maryland, Minnesota, etc.). Generally do not have material-quality mandates at the same depth as California or Washington, but EPR fees apply to food contact packaging in scope.
EPR fee schedules generally do not exempt food contact packaging. Eco-modulation factors may treat food contact differently for specific categories, but baseline fees apply.
What "food contact" actually means for compliance
The compliance definition of food contact is narrower than the colloquial use. It generally requires:
- The packaging is in direct physical contact with food during normal use.
- The packaging is intended for direct food contact (not incidental, e.g., outer secondary cartons).
- The classification can be supported by FDA (US) or EFSA (EU) food contact compliance documentation.
Outer cartons that contain food but do not directly touch the food are not food contact packaging for these rules. Plastic shrink wrap on a tray of beverages does not directly contact the beverage; it contacts the tray, the cans, and the air.
What evidence is required
Claiming any food-contact-related exemption or alternate treatment requires:
- Product classification documentation showing direct food contact use.
- Food contact compliance certifications or documentation (FDA letters, EFSA opinions, supplier-provided declarations).
- Component-level scope (which components are food contact vs not, a single SKU often has both).
- Filing-period traceability (the packaging used in the filing period had the claimed properties).
Common scenarios
Scenario 1, Beverage bottle. Direct food contact for the bottle itself. Closure liners may also be food contact. Outer carton/multipack is not. Different recycled content rules may apply to the bottle vs the multipack.
Scenario 2, Yogurt cup with film lid. The cup and the lid film are food contact. The cardboard sleeve is not.
Scenario 3, Frozen meal tray with film overwrap. Tray is food contact. Outer carton is not.
Scenario 4, Snack bar in flow wrap inside an outer carton. The flow wrap is food contact. The outer carton is not. Multi-pack film over multiple bars is generally not food contact (it contacts the wrappers, not the food).
In each, the food contact status is component-level. SKU-level treatment loses the distinction.
What this means operationally
For producers with food contact packaging:
- Tag food contact at the component level, not the SKU level.
- Maintain food contact compliance documentation as part of the component evidence record.
- Map jurisdictional rules per category, PPWR contact-sensitive plastic, California PCR food contact category, etc., to the components that qualify.
- Apply the right rule to the right component. Do not extend a claim across all components in a SKU.
What to do in 2026
- Audit your packaging master for food contact tagging at the component level.
- Confirm food contact compliance documentation is on file and current for each food contact component.
- For each jurisdiction with food-contact-specific rules, document which provisions you are relying on and which components qualify.
- Stop assuming food contact = blanket exemption. Identify what specifically is and isn't exempt for each provision.
How Packgine helps
Packgine carries food contact status at the component level, attaches the supporting compliance documentation, and applies jurisdiction-specific food-contact treatment to the right components. The producer's filings reflect food-contact carve-outs precisely where they apply, with evidence ready for audit.
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