Circular packaging: New EPR Rules in Mauritius, Kenya, Ghana
When your product is commercialised, is circularity and fate of the packaging after use being considered as part of your business model? If not, you could soon be challenged by the authorities in some African countries.
Mauritius has recently mandated producers to adopt a circular business model and fulfil their Extended Producer Responsibilities (EPR). Kenya is actively implementing its EPR regulations and Ghana is preparing its EPR framework.
Mauritius
The Mauritius Government introduced The Environment Act, 2024, effective August 2024. This Act mandates a National Circular Economy Policy, Strategy and Action Plan for agri-food and consumer goods like pre-packaged foods. Producers must consider various circular business models including product design, sustainable production, value-chain, sustainable consumption and better waste management.
As part of the Act, Extended Producer Responsibility (EPR) regulations may soon be drafted for the agri-food sector, requiring producers to implement a deposit return scheme (DRS) and ensure appropriate measures are taken to recover or dispose of the packaging. Even if these actions are delegated, food producers remain responsible for ensuring proper disposal measures are in place.
To combat plastic pollution, regulations will be developed to preserve and conserve the environment, reducing plastic use and controlling pollution. This includes reducing the weight of beverage containers and promoting plastic recycling to minimize the introduction of “new” plastic into circulation.
Kenya
Kenya’s Sustainability Waste Management Act extends producer responsibility to the post-consumer stage of a product’s life cycle. Producers must bear EPR obligations for their products and the resulting waste to reduce pollution and environmental impacts. Non-compliance with the Act results in penalties. Earlier in 2024, The National Environment Management Authority published an EPR Implementation Model for Kenya and issued a public notice to environmental experts to enhance integration of EPR obligations within the Environmental Impact Assessment (EIA) and Environmental Audit (EA), as described in the Act.
Ghana
Since September 2023, various media have reported that Ghana’s, Ministry of Environment, Science, Technology and Innovation (MESTI) is preparing an Extended Producer Responsibility (EPR) framework. This framework will require importers and local manufacturers to share the management and cost burden for end-of-life products. Funds generated will be used to manage waste in cities. The proposed law’s publication is still pending.
Remain compliant with EPR rules
To ensure compliant import and production of food for the Mauritius, Ghanaian, and Kenyan markets, staying updated on the evolving regulatory landscape is crucial. Leatherhead Food Research Members will be kept informed of such changes through our weekly Global Legal Highlights newsletter.
For in-depth support on these regulations or any other regulatory questions, please contact us at [email protected]. Leatherhead’s experienced team of scientists and regulatory experts is here to support you every step of the way.
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