Are You Ready for the UK Plastic Packaging Tax?

The plastic packaging tax (the ‘Tax’) came into force on 1 April 2022, with UK businesses that produce or import plastic packaging components in quantities of 10 or more tonnes per year affected. However, despite already being in force, research conducted by YouGov, on behalf of Veolia, has found that a high proportion of retail and manufacturing businesses (77% of those surveyed) are still not aware of the Tax.

As businesses gain increased awareness, the Tax is likely to receive a mixed reception. Whilst most would support the Government’s aim of increasing the use of recycled content in plastic packaging components, the Tax comes at a time when 92% of manufacturers and 90% of importers are reporting increased costs. With the introduction of the Tax, those businesses that have not already passed these increased costs on to customers will likely do so, meaning that the Tax may unintentionally add to the cost of living in the UK. This is compounded when one considers that the Tax came into force just five days before the controversial increase in national insurance contributions.

To manage increased costs and to ensure compliance with the law, businesses should pay close attention to the rules of the Tax.

© Copyright 2022 Squire Patton Boggs (US) LLP
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Food Packaging: FSANZ Reports on Nanotechnology in Food Packaging Find No Health Risks

food packagingA review of scientific literature on exposure to nanoscale silicon dioxide, titanium dioxide, and silver in food, including from sources of food packaging, did not find any significant health risks, according to the results of a study which was recently commissioned by Food Standards Australia New Zealand (FSANZ).  The results of the study were published in two reports: Nanotechnologies in Food Packaging: an Exploratory Appraisal of Safety and Regulation and Potential Health Risks Associated with Nanotechnologies in Existing Food Additives.

The report on nanotechnologies in food packaging noted that current applications of nanomaterials in food packaging include:

  • Enhancement of barrier properties through the incorporation of nano-fillers (e.g., nano-clay)

  • “Active” food packaging, with controlled release of active substances such as antimicrobials to improve the shelf-life of food (e.g., nanosilver)

  • Improvement of physical characteristics to make the packaging more tensile, durable, or thermally stable (e.g., nano-titanium dioxide, titanium nitride)

The food packaging report states that no evidence was found in the literature review to indicate that nano-clay is likely to cause adverse effects on health when used in food packaging.  Further, the majority of migration studies on nanosilver have shown levels of migration of ionic silver into foods and food simulants below thresholds set by well-established scientific and regulatory bodies, such as the European Food Safety Authority’s (EFSA) specific migration limit (SML) of 0.05 mg Ag/kg food. Overall, the data reviewed for most of the studied nanomaterials in food packaging indicate that migration of intact nanoparticles from food packaging into food simulants is negligible, implying consumer exposure to these materials is likely to be low. The authors conclude that this suggests “there is low potential for safety issues related to the ‘nano-ness’ of the materials incorporated into food packaging.”

The report points out that the majority of the existing patents for nanomaterials originate in the United States.  No patents for nanomaterials in food packaging were identified in Australia and New Zealand, implying that domestically-sourced nanomaterials may not presently be used in food packaging applications in Australia or New Zealand; however, the report suggests that food and packaging materials incorporating imported nanomaterials may be used in Australia and New Zealand.

While neither report identified any health concerns from any of the nanotechnologies described, FSANZ did note that nanotechnology is a rapidly evolving field, and that the conclusions set forth in the reports may need to be revisited as the sophistication and application of nanotechnologies to food and food packaging continues to advance.

© 2016 Keller and Heckman LLP