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Tuesday, December 21, 2021France

Reminder: ban on the destruction of unsold non-food items on 1 January 2022

Rappel : interdiction de destruction des invendus non alimentaires au 1er janvier 2022

In a communication dated 10 December 2021, Barbara Pompili, French Minister for Ecological Transition, reminded economic actors of the evolution of the legislation: to put an end to waste, Article 45 of the law on Anti-Waste and Circular Economy (AGEC law) obliges, from 1 January 2022, producers, importers and distributors to re-use, re-purpose or recycle unsold non-food products. The measure concerns in particular hygiene products under cosmetic status.

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According to a study by ADEME unveiled on 25 November, after destocking operations, unsold non-food items represent a market value of more than €2 billion each year in France. Less than half (€850 million) of this unsold food is donated, and 15% is still destroyed, even though the destruction of unsold food causes up to 20 times more greenhouse gas emissions than its reuse.

To put an end to this waste, Article 45 of the AGEC law obliges, as of 1 January 2022, producers, importers and distributors to reuse, re-use or recycle unsold non-food products. Products that were covered by an extended producer responsibility scheme before the anti-waste law was passed (electrical and electronic products, batteries, textiles, furniture, ink cartridges, etc.), hygiene and childcare products, food preservation and cooking equipment, educational and leisure products, as well as books and school supplies will be affected by this ban as of 1 January 2022.
By 31 December 2023, all products will be subject to this legislation.
In the event of non-compliance with this new obligation, the law provides for a fine of up to €15,000 per breach for a legal entity.

Donation obligation for basic necessities

In the hygiene and basic necessities …

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