Packaging and waste legislation
Packaging is an important part of any seafood product.
It protects products from damage and contamination, ensures they reach consumers in top condition and provides essential product information for the consumer. It is also important to minimise unnecessary packaging waste, reducing environmental impact while saving money and resources.
Packaging and waste legislation helps protect consumers and supports a more circular economy. Read below our guidance on key areas of packaging and waste legislation that apply to seafood.
Extended Producer Responsibility for packaging
Extended Producer Responsibility for packaging (pEPR) requires producers to cover the net disposal costs of the packaging they import or supply to the UK market. This applies to packaging disposed of in household or local authority bins – costs that were previously covered by local authorities
The goal of pEPR is to encourage businesses to use more sustainable packaging and contribute to a circular economy. Under this system, seafood businesses responsible for packaging may need to act.
What are the obligations for producers?
- Covering disposal costs: Businesses must pay the net disposal costs of packaging that will be discarded in household or local authority bins.
- Reporting requirements: Businesses must report data on secondary and tertiary packaging disposed of in commercial waste streams.
Further guidance
- Defra and environmental regulators: Extended producer responsibility for packaging: who is affected and what to do - GOV.UK.
- Technical interpretations: EPR Regulator Agreed Positions and Technical Interpretations Version 5
Frequently asked questions
Reusable tubs
Q: Many seafood businesses bring fish into the UK in reusable tubs. These containers are in a loop system, being continually re-imported and re-exported. They are always moving between the UK and many other countries. They are owned by a non-UK business. Do UK businesses receiving fish in such packaging need to account for these tubs on their returns?
A: No – producers will only attract an obligation on packaging which becomes waste in the UK. Importers will not need to report the imported boxes if there is evidence that the same boxes went on to be exported.
Damaged packaging
Q: What about any boxes that are damaged in a closed loop system and disposed of in the UK? Would data about these boxes need to be reported under pEPR by businesses in scope?
A: Yes – because they are entering UK waste streams. Producer fees would not apply, though. The damaged boxes would enter commercial waste streams, not public or household bins.
Branding responsibilities
Q: Would an approved food establishment number be classed as a ‘brand’ under pEPR?
A: No – the Data Regulations define a brand as a brand name, trademark, or other distinctive mark. A distinctive mark could be a specific colour or a marking, or a combination of both. It must be unique to the brand owner and linked to the brand. The brand owner must have directed the use of that specific colour or mark. Essentially, it must be clearly recognisable by a layman – and an approved food establishment number would not be, as these are intended for traceability purposes. Q-If seafood product has multiple packaging layers, and only the outer one shows the brand, must the other layers count towards the business' tonnage?
A: If the other layers are unbranded but packed by the same business whose brand appears on the outer layer, that business is responsible for all the layers.
Q: What about where there is mixed branding on packaging? The packaging supplier, processor, and customer all want their brands on the same component. How should this be handled, and which brand takes precedence?
A: If packaging bears more than one brand, the producer who makes the first supply of the filled packaging is the producer in relation to that packaging.
Determining primary vs secondary packaging
Q: Are polystyrene boxes containing unpackaged fish fillets (e.g., a bulk pack) sold to retailers for unpacking, with each fillet then sold separately (e.g., on a supermarket fish counter)? Would the boxes be classed as primary or secondary packaging?
A: Primary packaging is the sales unit to the final user or consumer, whereas secondary packaging groups multiple sales units. So, the polystyrene boxes in this scenario are secondary packaging.
Shipment packaging
Q: What packaging should seafood business operators class as shipment packaging?
A: This is packaging that’s added to primary packaging and delivers the product directly to the person who will consume the fish (e.g., via a courier).
Household packaging exemption
Q: A seafood business operator supplies packaging disposed of in both household/public bins and commercial waste streams. Can it utilise the household packaging exemption if it can prove the packaging was disposed of in commercial waste streams?
A: This is only true where the producer has directly supplied the fish/seafood to another business that’s the end user. Where there are other links in the chain like a wholesaler (meaning that the producer is not supplying directly to another business that’s the end user of the packaging), the exemption cannot be utilised – even if the business can evidence that the packaging will eventually be disposed of in a commercial waste stream. This is because fish/seafood are not products that are designed solely for commercial use.
Internal storage packaging
Q: After filleting, fish is sometimes put in a blue-lined, low-density polyethylene bag. This is to store stock on-site before applying the consumer packaging. The bags are being continually used for storage on-site and then disposed of. How should such packaging be accounted for under pEPR?
A: This would be classed as internal packaging and so would not attract producer fees. However, once disposed of, this packaging should be reported as Self-Managed Organisation Waste.
Plastic Packaging Tax
The Plastic Packaging Tax (PPT) took effect on 1 April 2022. It applies to non-recycled plastic packaging components manufactured within, or imported into, the UK, including Northern Ireland.
Access our guidance via the link below:
National packaging regulations in EU member states
EU Member states are implementing national packaging laws under the Single Use Plastics Directive. Businesses exporting to the EU may need to comply with these country-specific regulations and provide information about their packaging.
Access our guidance via the link below:
Our work on national packaging regulations in EU member states forms part of our divergence monitoring.
Find out more about our divergence monitoring via the link below:
Animal by-product legislation
Waste and by-product legislation deals not just with waste minimisation, but with the disposal of waste. Some forms of waste, particularly animal by-products, may only be disposed of in approved facilities.
Find out more about animal by-product disposal via the link below:
For further information and guidance please contact the regulation team by emailing regulation@seafish.co.uk.