You do not need to comply with the Packaging (Essential Requirements) Regulations if your packaging:
- was manufactured on or before 31 December 1994
- was placed on the market on or before 31 December 1999
- is made entirely from lead crystal.
Partial exemptions for heavy metals
You can apply for a partial exemption from the Essential Requirements for plastic pallets, plastic crates and glass packaging. This allows the concentration of regulated heavy metals to exceed the limit of 100 parts per million (ppm) if other criteria are met.
Regulated heavy metals are:
- lead
- cadmium
- mercury
- hexavalent chromium.
Glass packaging
Glass packaging may contain more than 100ppm heavy metals if:
- no regulated metals have been intentionally introduced during manufacturing
- the limits are only exceeded as a result of adding recycled materials which contain the heavy metals
- the person placing the product on the market submits a report to the enforcement authority showing that the average heavy metal concentration of each item does not exceed 200ppm.
If recycled materials have been added to the glass packaging, the average heavy metal concentration of each item should not be more than 200ppm. This only applies if no regulated metals are introduced to the packaging during its manufacture. You must document this and report it to your enforcing authority.
Plastic pallets and plastic crates
Plastic pallets and crates may contain more than 100ppm heavy metals if:
- the pallets or crates are manufactured in a controlled recycling process, involving a maximum of 20% virgin material, and the remaining material is other plastic pallets and crates
- no regulated metals have been intentionally introduced during manufacturing
- the limits are only exceeded as a result of adding recycled materials which contain the heavy metals.
You must only use new pallets and crates as part of a controlled distribution and reuse system in which:
- all new plastic pallets and crates that contain more than 100ppm heavy metals are marked in a permanent and visible way
- you keep an inventory and full records
- the return rate of the pallets and crates over their lifetime is at least 90%.
Documents needed for an exemption
You must produce documentation showing that you have met the conditions of the exemptions. If you produce plastic pallets and crates you must make an annual declaration to show that you meet the conditions.
You must keep records for at least four years after the packaging has been placed on the market. If the enforcing body asks to see the documents you must be able to produce them within 28 days.
The Department for Business, Innovation and Skills (BIS) provides more information on partial exemptions.
BIS: Packaging in the UK
BIS: Packaging (Essential Requirements) Regulations - Government guidance notes (Adobe PDF - 168KB)
In this guideline:
