Earlier this summer (July 25, 2022), Environment and Climate Change Canada (ECCC) launched a consultation in support of the Development of rules to strengthen the recycling and composting of plastics through accurate labelling. This consultation is the next evolution to the Government’s Action Plan on tackling plastic waste and follows in the footsteps of the previous consultations earlier this year on the establishment of a possible ‘recycled content minimum’ for plastic packaging.
The proposals outlined under this new consultation paper will likely impact the vast majority of the collective CA Canada membership and will materially impact product/packaging design elements; shape corresponding sustainability and environmental performance activities, and marketing and labeling of products in relation to the environmental footprint of products and our industry’s product packaging. In this regard, early and active engagement in these consultations will be critical, as the elements outlined in this discussion paper will likely form the policy basis that will shape future related regulatory considerations for years to come.
Overview of current proposals under consideration:
Recyclability Claims:
The government of Canada has proposed new rules for the labelling of single-use plastics and plastic packaging. Under these proposed rules the use of the chasing-arrows symbol and other recyclability claims on plastic products will only be permitted if the producers ensure that these plastic products are accepted by at least 80% of Canadian recycling facilities and have reliable end markets for these plastic products.
In order for a plastic product to be labelled as recyclable, it must meet three criteria:
1. Accepted in at least 80% of recycling facilities in Canada.
2. End Markets exist.
3. These end markets are reliable.
End markets must be situated in North America, as it can be difficult to determine whether plastics exported to another continent are successfully recycled.
There is currently no consistent definition of “recycling” in Canada. The consultation document describes “recycling” as a process consisting of numerous steps that plastics must successfully pass through to be turned into feedstock for new products that are then reintroduced into the market for use. The principal steps in the recycling process are collection, sorting and re-processing.
The Government is considering the application of recyclability labelling rules to the following product categories:
- primary plastic packaging, including beverage containers: primary packaging is designed to come into direct contact with a product (for example, food)
- secondary plastic packaging: secondary packaging is designed to contain one or more primary packages together with any protective materials where required
- single-use, disposable, and other short-lived plastic products: single-use and disposable plastics are items designed with the intent to be used only once or for a short period of time for their original purpose before they lose their original functionality, physical capacity or quality, or before they are discarded.
Compostability Claims:
These proposed rules regulate the use of terms such as “biodegradable” and “compostable” on the labelling of plastic packaging and single use items.
For the proposed compostability labelling rules, a producer would require third party certification of the plastic packaging or single-use item to a specified standard or standards for compostability. If these standards are met, the claim of compostable or biodegradable is permitted on the labelling.
The Government of Canada is considering the application of compostability labelling rules to follow the same scope of product categories as recyclability labelling rules (primary, secondary, single-use packaging) noting that a narrower range of applications are considered suitable for organics recycling.
Additional Highlights of the Consultation:
- Within the consultation, a proposal is made for plastic packaging in Canada to contain at least 50% recycled content by 2030, in particular by developing regulations that will set minimum percentage recycled content requirements for certain items made of plastic, which will strengthen reliable end-markets for plastics at their end of life.
- Establishment of a federal registry to require producers to report on plastics in the Canadian economy.
Deadline for comments:
The Government of Canada invites interested partners, and all stakeholders, including the public, to provide written comments on or before October 7, 2022.
CA Canada will be consolidating and submitting input on this important consultation. We will be discussing and shaping this feedback through our Product Compliance and Market Access (PCMA) Committee. If your company is not a member of this Technical Committee, please do not hesitate to outreach to us at regulatory@cosmeticsallinace.ca
CA Canada also encourages members to engage directly with this consultation.
Technical Considerations:
- What would be the specific criteria from third parties regarding the standards for allowing a claim of compostable or biodegradable on labelling?
- Are there any particular categories of plastics that likely do not have North American end markets?
- Are there any other kinds of plastic items that may warrant special rules or exemptions from labelling rules under an obligatory system?
Any consideration(s)/detail(s) missing that CA Canada should highlight and bring the table? If yes, we want to hear from you!
Next Steps – CA Canada Engagement:
- CA Canada will be convening a special member engagement session (early-/mid- September) to discuss this consultation and to gain member insights. Be on the lookout for this session call and register to attend
- As this issue is cross-cutting to most, if not all sectors, CA Canada will also be outreaching to other trade associations, including US PCPC to look to coordinate key messaging and identify common advocacy points.
A second independent consultation was launched at the same time concerning the Development of a federal plastics registry for producers of plastic products. CA Canada is still reviewing this proposal, and will be featuring an update regarding these developments in our next Reg Essentials on August 31st, 2022.
