THE AGEC LAW: NEW PROVISIONS CONCERNING THE FOOD SECTOR

Jan 12, 2022
Sébastien Bouley

A series of articles of the French Anti-Waste Law for a Circular Economy (“AGEC” Law) come into force in 2022; some of them have a direct impact on the agri-food sector.

THE AGEC LAW: THE CONTEXT

February 10, 2020 saw the enactment of Law No. 2020-105 on the fight against waste and on circular economy (the AGEC Law). Its objective is to promote a positive change in production and consumption behaviors of citizens and industry, focusing on the transition from a linear economic model to a more sustainable circular model.

The AGEC law is part of a broad mosaic whose pieces are the multiple institutional efforts to preserve the environment and its resources, such as the Circular Plastics Alliance and the French Law No. 2021-1104 of August 22, 2021 (known as the Climate and Resilience Law); in particular, the AGEC Law transposes at the national level the Directive (EU) 2019/904 on the reduction of the impact of certain plastic products on the environment.

THE AGEC LAW: WHAT IT IS ABOUT

The text, which does not only concern the field of food but many aspects of everyday life, is based on five major axes: the elimination of single-use plastics by 2040, the achievement of a better flow of information to consumers, the fight against waste, a more responsible production, and action against planned obsolescence. The first three points include provisions that have a direct impact on food sectors:

A) The elimination of disposable plastic.

This first issue revolves around the concept of the 3Rs: reduction, reuse, and recycling of plastic packagings. The total elimination of disposable plastic will be achieved by intermediate targets, set every five years by dedicated decrees. The current five-year period aims to 100% of single-use plastics being recyclable and recycled. The measures to achieve this goal are varied. As far as food packaging is concerned, the year 2021 saw the disappearance of expanded polystyrene boxes (which are non-recyclable). From January 1st 2022, tea-bags can no longer contain plastic but only natural fibers; progressively, unprocessed fruits and vegetables will no longer be packaged in plastic trays; and finally, still on the subject of fruits and vegetables, only compostable marks on their surface will be allowed.

B) Better information for consumers, to facilitate virtuous behavior.

In addition to standardizing the color of waste bins and harmonizing sorting rules at the national level, the idea is to provide the population with precise information on the sorting of packagings (including food packaging) that reach the households: this is why, starting from 2022, each box will have to display the Triman logo (link in French) along with sorting instructions for each component of the packaging; the details and deadlines for this measure are set out in Decree No. 2021-835 of June 29, 2021.

Better consumer information is also the objective guiding the development, still in progress, of an indicator of the environmental impact of textile and food products, which would be displayed on their labels (environmental labelling – link in French).

C) Fighting against waste.

The wastage of food products, which is already prohibited, will see a reinforcement of its penalties.

IN SUMMARY,  PROVISIONS THAT WILL APPLY TO THE FOOD SECTOR FROM 2022:

From 2022 food operators must be aware of the following:

– The progressive ban on the distribution of fruit and vegetables in plastic trays came into effect on January 1st, 2022, and provides for a six-month period for the disposal of the stocks of non-compliant products,

– Adhesive marks on fruits and vegetables must be compostable, starting January 1st,

– Tea can no longer be wrapped in plastic bags, as of January 1st,

– The Triman logo and the packaging sorting instructions have to appear on packagings from January 1st 2022, with a varied tolerance, that may take up to 2023, for the disposal of stocks.

In light of these changes, each food business operator should check the compliance of its products with French regulations, as well as the position of the countries where the products are marketed, including EU Member States: each of them might transpose the Directive (EU) 2019/904 and legislate on waste, the environment, and consumer information in different ways.

For more information, a guide on the AGEC law is available in French and English on the website of the French Ministry of Ecological Transition.

Orchidali helps you to adapt to the new regulatory norms.