Food packaging regulations: what the AGEC law says in 2026
Food Packaging Regulations: What the AGEC Law Says in 2026
Since 1 January 2026, food packaging regulations have entered a new phase. With the AGEC Law continuing its phased ban schedule, Extended Producer Responsibility (EPR) for professional packaging becoming mandatory, and the European Packaging and Packaging Waste Regulation (PPWR) applying from August 2026, professionals in the food service, food processing and distribution sectors face a threefold regulatory framework that they must understand and comply with.
In this article, we provide a comprehensive overview of the three regulatory frameworks in force in 2026, the specific requirements for your food packaging and food-contact materials, and, most importantly, the steps you need to take now to ensure compliance.
In summary:
- AGEC Law: Reusable tableware has been mandatory for on-site dining in establishments serving more than 20 covers since 2023. Businesses must also accept clean containers brought in by customers.
- PPWR (EU Regulation 2025/40): Applicable since 12 August 2026, but only one ban is currently in force: PFAS in food-contact packaging, with no sell-through period for existing stocks.
- Packaging format bans and recycled content targets will not take effect until 1 January 2030. Presenting them as 2026 deadlines is the most common mistake.
- Extended Producer Responsibility (EPR) for professional packaging: The framework is in force, while eco-contribution payments have been postponed until 1 January 2027. However, registration with an approved producer responsibility organisation is expected before 31 December 2026.
- The first practical step is not to change your product range, but to request a declaration of compliance and a PFAS-free certificate from your supplier.
AGEC Law, EPR and PPWR: Three Regulatory Frameworks Converging in 2026
The AGEC Law (Anti-Waste for a Circular Economy), adopted on 10 February 2020, forms the foundation of France’s regulatory framework. It establishes an ambitious timeline for the gradual banning of single-use plastic products, mandates the use of reusable tableware in the food service sector, and aims to phase out the placing on the market of single-use plastic packaging by 2040.
Extended Producer Responsibility (EPR) for professional packaging came into effect on 1 January 2026 for packaging used by businesses and organisations in the hospitality and catering sector, local authorities and industry. Every company placing packaging on the market must now join an approved producer responsibility organisation and pay an eco-contribution.
Finally, the PPWR (Packaging and Packaging Waste Regulation), a European regulation adopted in late 2024, has been directly applicable in all Member States since 12 August 2026. It applies without requiring national transposition and sets binding targets for recyclability, minimum recycled content, and bans on certain packaging formats.
Regulatory Framework | Scope of Application | Date d'application clé | Geographical Scope (Countries) |
|---|---|---|---|
AGEC Law | Single-use plastics, reuse, consumer information | Phased Implementation: 2021–2040 | France |
| EPR for Professional Packaging | All professional packaging (hospitality, catering and industry) | 1 January 2026 | France |
| Packaging and Packaging Waste Regulation (PPWR) | Recyclability, recycled content, packaging format bans | 12 August 2026 | European Union |
These three layers of regulation are not mutually exclusive; they apply cumulatively. Food-sector businesses operating in France must comply with both national legislation (AGEC Law and EPR) and the European regulation (PPWR). In the event of discrepancies, the more stringent requirement generally applies.
What the AGEC Law Requires for Your Food Packaging
The AGEC Law is the legislation that has most profoundly transformed practices in France’s food service and food packaging sectors. Below are the two key requirements that directly affect industry professionals in 2026.
Reusable tableware for on-site dining in establishments serving more than 20 covers
Since 1 January 2023, all food service establishments serving more than 20 covers simultaneously have been required to provide reusable tableware for meals consumed on-site. This obligation, reinforced by implementing decrees published in 2024, covers:
- Plates, glasses, cups and cutlery
- Sauce and condiment containers
- Serving trays and bowls
In 2026, inspections by the French Directorate General for Competition Policy, Consumer Affairs and Fraud Control (DGCCRF) have intensified. Penalties can reach €15,000 for a legal entity in cases of non-compliance. Establishments that have not yet made the transition should invest in a reusable product range suited to their business volume.
Reusable tableware materials must comply with food-contact safety requirements under Regulation (EC) No 1935/2004, ensuring that harmful substances do not migrate into food. Remember to request food-contact compliance documentation from your supplier.
Takeaway: Reusable Containers and Customer-Provided Containers
For takeaway sales, the AGEC Law introduced two complementary requirements:
- Offering reusable containers: Businesses must offer reusable containers as an alternative to disposable packaging, through a deposit or return system. Since 2025, this requirement has applied to establishments with more than 20 seats.
- Accepting customer-provided containers: Restaurants and food retailers must allow customers to bring their own containers, provided they are clean and suitable for the intended use. Offering a discount is encouraged but not mandatory.
- For takeaway businesses, choosing compliant packaging has become a strategic priority. Single-use plastic packaging for fresh fruit and vegetables weighing less than 1.5 kg has been banned since 2022, and the list of prohibited packaging formats continues to expand each year.
Extended Producer Responsibility (EPR) for Professional Packaging: A New Requirement Since January 2026
The introduction of Extended Producer Responsibility (EPR) for professional packaging on 1 January 2026 marks a major turning point. Until now, only household packaging was subject to Extended Producer Responsibility. Professional packaging used in catering, hospitality, food processing and logistics is now included within the scope of the scheme.
Specifically, this means:
- Any company placing packaging intended for professional use on the market must join an approved producer responsibility organisation (Citeo, Léko or Adelphe for the food sector).
- An eco-contribution must be paid for each tonne of packaging placed on the market. Rates vary by material: cardboard, plastic, glass, metal and wood.
- Packaging must display sorting information (the Triman logo and sorting instructions), including professional packaging.
- Annual reporting of the quantities of packaging placed on the market is mandatory.
According to Citeo’s initial estimates, the average eco-contribution for cardboard food packaging stands at around €130–180 per tonne, while non-recyclable plastic packaging may be subject to fees of up to €400 per tonne under the penalty mechanism. This pricing incentive strongly encourages businesses to prioritise recyclable or reusable materials when designing their packaging.
For restaurants and catering businesses, the administrative burden may seem substantial. The simplest solution is to work with a packaging supplier that already incorporates the eco-contribution into its prices and ensures documentary compliance.
The PPWR: European Packaging Regulations Applicable Since August 2026
The European Packaging and Packaging Waste Regulation (PPWR) became applicable on 12 August 2026. Unlike a directive, this regulation applies directly in all Member States without requiring transposition into national law. It marks a paradigm shift in packaging regulation across Europe.
The Main Measures of the PPWR
- Mandatory recyclability: By 2030, all packaging placed on the European market must be recyclable. From 2026, an A-B-C-D-E recyclability classification system will be introduced, with classes D and E progressively banned.
- Minimum recycled content: Plastic packaging must contain a minimum percentage of recycled material: 30% by 2030 for PET bottles and 10% for other food-contact plastics.
- Ban on certain formats: Single-use packaging for fresh fruit and vegetables weighing less than 1.5 kg, individual condiment portions for on-site dining, and miniature hotel packaging will be progressively banned.
- Packaging reduction: A target of reducing the total weight of packaging waste per capita by 15% by 2040 (compared with 2018).
- Restricted substances: PFAS (per- and polyfluoroalkyl substances) will be banned in food packaging from 2026.
The PFAS ban is particularly significant for the fast-food sector. These substances, used for their non-stick and waterproofing properties in burger boxes, French fry bags and food trays, are now considered endocrine disruptors. Materials and packaging intended for food contact must therefore be reformulated.
Choose Compliant Packaging Before Inspections Begin
With these three regulatory frameworks overlapping, proactive preparation is the best strategy. Inspections by the DGCCRF, DREAL and customs authorities have increased significantly in 2026, with a national inspection plan specifically targeting food packaging.
Questions to ask your supplier
Before ordering your packaging, here is a checklist of the key points to verify systematically:
- Food-contact compliance certificate: The supplier must provide a declaration of compliance with Regulation (EC) No 1935/2004 on materials and articles intended to come into contact with food.
- Migration testing: For plastic materials, overall and specific migration test results (Regulation (EU) No 10/2011) must be available, confirming that authorised substances remain within regulatory limits.
- PFAS-free declaration: Request written confirmation that per- and polyfluoroalkyl substances (PFAS) are absent.
- Recyclability and labelling: Is the packaging classified A, B or C under the PPWR framework? Are the Triman logo and sorting instructions compliant?
- EPR eco-contribution: Is it included in the price or payable by your company? What supporting documentation is provided?
- Traceability: Can the supplier document the entire production chain in accordance with Good Manufacturing Practice requirements (Regulation (EC) No 2023/2006)?
A reliable supplier should be able to answer each of these questions promptly. Missing documentation is, in itself, a warning sign.
Anticipate compliance rather yhan react to it
Compliance should not be seen as a constraint, but as an opportunity to modernise business practices. Consumers are increasingly sensitive to the environmental impact of packaging: according to the 2025 CITEO barometer, 78% of French people say they favour brands that use recyclable or reusable packaging.
Here are the recommended steps for a successful transition:
- Audit your current packaging range: Identify non-compliant products (non-recyclable plastics, potential PFAS presence, prohibited formats).
- Prioritisation: Address the highest-risk non-compliances first (penalties, food safety).
- Alternative sourcing: Identify suppliers offering compliant solutions, such as certified cardboard, bagasse, industrially compostable PLA and reusable stainless steel.
- Staff training: Raise awareness of new sorting, reuse and deposit-return practices.
- Customer communication: Highlight your environmental commitments to your customers. Sustainability can be a powerful selling point.
To explore the different options in greater depth, we recommend reading our comparative analysis: Reusable or Recyclable: Which Should You Choose?
Food packaging regulations have never been as extensive as they are in 2026. With the AGEC Law, EPR for professional packaging and the PPWR, every professional in the food sector must rethink their packaging supply chain.
The key is to act before an inspection: audit your current practices, consult your suppliers and start transitioning to compliant, sustainable solutions that appeal to your customers. Far from being an obstacle, regulatory compliance is an opportunity to stand out from the competition and build trust with both consumers and business partners.
FAQ
What are the main AGEC law obligations for food packaging in 2026?
The AGEC law requires food service establishments with more than 20 covers to use reusable tableware for dine-in service, to accept customer-supplied containers for takeaway, and to offer a reusable alternative to disposable packaging. It also plans the progressive ban of all single-use plastic packaging by 2040.
What is professional packaging EPR and who is affected?
Professional packaging EPR (Extended Producer Responsibility), in force since January 2026, requires every company placing packaging on the professional market to join an accredited eco-organisation and pay an eco-contribution. This affects restaurateurs, caterers, agri-food manufacturers, and distributors. The amount varies depending on the material and recyclability of the packaging.
What does the European PPWR regulation change for food packaging?
The PPWR, applicable since August 2026, mandates the recyclability of all packaging (A-to-E classification), a minimum recycled content for plastics, a ban on PFAS in food-contact packaging, and the removal of certain single-use formats. This European regulation applies directly in France without transposition.
What are the penalties for non-compliance with food packaging regulations?
Penalties vary depending on the regulation breached. Under the AGEC law, fines can reach €15,000 for legal entities. Non-compliance with the PPWR regulation can lead to penalties defined by each Member State, ranging from administrative fines to product withdrawal. The EPR provides for penalties for failure to join an eco-organisation of up to €30,000 per year.
How can you ensure your food packaging is compliant in 2026?
To ensure compliance of your food packaging, require your supplier to provide food compliance certificates (EC 1935/2004), migration tests, PFAS-free certification, and the PPWR recyclability classification. Conduct an audit of your packaging portfolio and prioritise recyclable or reusable materials to anticipate upcoming deadlines.
Food packaging regulations have never been as comprehensive as they are in 2026. Between the AGEC law, professional EPR, and the PPWR, every food industry professional must rethink their packaging supply chain. The key is not to wait for an inspection to take action: audit your current practices, question your suppliers, and commit now to the transition towards compliant, sustainable solutions valued by your customers. Regulatory compliance, far from being a hindrance, is a lever for differentiation and trust among consumers and business partners alike.