Food Contact Packaging Exemptions: EPR and PPWR

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 Article 7(2) sets differentiated mandatory recycled-content thresholds for plastic packaging: 30% for contact-sensitive PET packaging, 10% for contact-sensitive packaging made from plastic other than PET, 30% for single-use plastic beverage bottles, and 35% for all other plastic packaging, applying from 1 January 2030 or three years after the Article 7(8) implementing act enters into force, whichever is later, and rising to 50%, 25%, 65%, and 65% respectively by 2040. Article 7(7) also lists specific exemptions, including for compostable plastic packaging and packaging whose plastic component is a minor share of total weight.

• Reuse and refill targets. Article 29 sets sectoral reuse targets (for example, 40% of transport packaging from 2030) and lists specific derogations; food-contact packaging is not blanket-exempt, so any relief must be tied to a named Article 29 derogation with documentation.

• 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. SB 54 does not impose a general post-consumer recycled-content mandate for packaging; its quantitative targets are source reduction and recycling rates, verified through CalRecycle reporting. Do not benchmark food-contact packaging PCR against an SB 54 schedule, because none exists.

• 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

Your team can record food contact status at the component level in Packgine, attach the supporting compliance documentation, and review the jurisdiction-specific food-contact treatment applied to the components you load. You can check that your filings reflect food-contact carve-outs where they apply to those records, with the evidence on file for audit.

Related reading

• Compostable and Biodegradable Packaging Under EPR: How It's Classified for Fees

• Ecommerce Shipping Packaging in Scope: When Mailers, Void Fill, and Dunnage Count

• Small Producer Thresholds: De Minimis Rules Across UK, EU, and US State EPR

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