Legal Requirements for Using Recycled PET (rPET) in Food Packaging

The Shift Towards Mandated Recycled Content

As the global beverage industry transitions toward a circular economy, integrating post-consumer recycled PET (rPET) into packaging is no longer just a sustainability initiative—it is a legal requirement. However, because these materials come into direct contact with consumable liquids, regulators enforce incredibly strict safety standards to ensure the recycled plastic is entirely free from microbiological and chemical contamination.

The European Framework: Regulation (EU) 2022/1616

In Europe, the sourcing, decontamination, and manufacturing of recycled plastics are governed by Regulation (EU) 2022/1616 (recently updated by Regulation (EU) 2025/2269). This legislation completely overhauled previous rules, setting a rigorous legal baseline for any brand placing rPET food or beverage packaging on the market. The compliance framework is built on several mandatory pillars:

• Suitable Recycling Technologies: Recycled plastic must be manufactured using an approved "suitable technology." Currently, mechanical PET recycling is the primary approved method, ensuring the process is fundamentally capable of producing food-safe material.
• Strict Decontamination: Input waste must undergo highly controlled super-cleaning and decontamination processes to reduce any potential chemical migration to levels deemed safe for human health.
• The EU Public Register: All recycling installations, facilities, and processes must be registered in the official EU database. Beverage brands are legally required to ensure their rPET suppliers are actively listed and compliant.

EFSA's Role in rPET Safety Assessments

The European Food Safety Authority (EFSA) acts as the scientific gatekeeper for recycled plastics. Before a specific mechanical PET recycling process can be legally used, EFSA must conduct a rigorous safety assessment. They evaluate "challenge tests" to confirm that the recycler's decontamination equipment effectively removes surrogate contaminants. Only after EFSA issues a positive scientific opinion can the European Commission authorize the process for food contact applications.

US Market Requirements: FDA Letters of No Objection (LNO)

For beverage brands operating in or exporting to the United States, the regulatory pathway is controlled by the Food and Drug Administration (FDA). While the core principles of safety remain the same, the legal mechanism differs. The FDA issues a Letter of No Objection (LNO) to recyclers who can scientifically prove their process produces rPET that is safe for its intended food contact use. To learn more about navigating these cross-border differences, read our guide on FDA Compliance for PET Beverage Packaging.

Securing Certified rPET for Your Brand

Non-compliance with these regulations can lead to immediate product recalls and severe reputational damage. It is essential to partner with a packaging manufacturer that manages this complex supply chain for you, guaranteeing that every gram of recycled content is fully traceable, EFSA-certified, and food-safe. To map out your compliance strategy and ensure you meet both regulatory and sustainability goals, explore our Step-by-Step Guide to Transitioning Your Beverage Brand to rPET.