What is primary production packaging and is it EPR-exempt?

Primary production packaging is packaging designed for unprocessed products from farming, forestry, hunting and fishing, such as crates, punnets, mesh sacks and egg trays. The packaging supplier, not the farmer, is the obligated producer (Commission Notice - Guidance document for Regulation (EU) 2025/40 on packaging), and from 1 January 2030 every unit must be designed for recycling - anything below 70% recyclable is barred from the market.

Harvesting, farming, forestry, and fishing operations require specific, protective containers to safely move raw, unprocessed goods from fields and waters to sorting centres, wholesalers, and retail shelves. Sacks, crates, and punnets prevent spoilage and damage during transport and handling. However, the administrative workload of extended producer responsibility can overwhelm small-scale agricultural operations.

To keep food supply chains moving, modern environmental regulations separate the packaging user from the obligated producer. In the European Union, the Packaging and Packaging Waste Regulation (PPWR) defines a clear boundary that shifts compliance obligations downstream. Online brands, agricultural suppliers, and packaging distributors must understand these rules to ensure their products remain compliant.

What primary production packaging actually means

Under Article 3(1) point 4 of the EU PPWR, primary production packaging is defined as any packaging item designed and intended to be used as packaging for unprocessed products from primary production. Primary production refers to raw outputs from farming, forestry, hunting, and fishing that have not undergone any processing, cooking, or preservation. This includes fresh vegetables, raw fruits, unrefined grains, caught fish, and eggs.

These packaging formats are highly diverse, ranging from wooden crates and cardboard flats to mesh bags and plastic punnets. They can act as sales packaging when delivered directly to retail shoppers, or as transport packaging when used to transport raw goods to food processing facilities (FAQ and answers regarding covered products - VANA). Regardless of the final delivery path, if the container is designed to hold raw, primary agricultural products, it falls under this legal definition.

To shield farmers and other primary sector businesses from administrative complexity, the EU PPWR assigns the producer responsibility for primary production packaging to the packaging provider rather than the packager.

Under Recital 12 of the PPWR, this legal classification prevents an unnecessary expansion of the number of active producers registered under national EPR schemes (Packaging and Packaging Waste Regulation (EU) 2025/40). Environmental regulators recognise that agricultural operations should focus on food security and resource management rather than submitting complex data reports to waste registries (FOR STEWARDS GUIDEBOOK - Multi-Material Stewardship Manitoba). Therefore, the entity supplying the empty packaging to the farmer is legally deemed the producer under the law.

Does this apply to me?

If your business manufactures, imports, or distributes empty packaging designed for agricultural and primary raw produce, then yes, compliance applies to you. Under the PPWR, you are classified as a packaging producer. This means you must register with national EPR registries, submit annual packaging weight declarations, and pay waste management contributions to approved Producer Responsibility Organisations (PROs).

Compliance thresholds and national rules differ by country:

• In Sweden: Under Ordinance 2022:1274, you must register as a packaging producer with the Swedish Environmental Protection Agency (Naturvårdsverket) before introducing packaging to the market. There is 0 de minimis threshold; you must register and contract an approved PRO, such as Näringslivets Producentansvar (NPA) or TMResponsibility, to finance collection and recycling systems.
• In France: Under Article L541-10 of the French Environmental Code, anyone placing household or commercial packaging on the French market must register with the SYDEREP system run by the agency for ecological transition (ADEME). You must secure a Unique Identifier Number (UIN) to prove compliance. Markets verify this UIN, and failing to hold one carries administrative fines of up to €30,000.
• In the United Kingdom: Under the packaging EPR (pEPR) regulations, you must collect and report data if your business has an annual turnover of £1 million or more and was responsible for supplying more than 25 tonnes of packaging to the UK market in the previous calendar year. Large producers must also pay waste disposal fees and secure packaging recycling notes (PRNs).

When must primary production packaging be recyclable, and what material targets apply?

The key date is 2030, when all primary production packaging must be recyclable, and the material targets that follow are the same ones applied to other commercial packaging formats. By that date, and its materials will be subject to strict recycling targets.

The table below outlines the key regulatory deadlines and material recycling targets that apply to primary production packaging under the EU PPWR.

Under Article 6 of the PPWR, all packaging placed on the market must achieve a recyclability performance grade of A, B, or C by 2030. Packaging that falls below 70% recyclability will be graded as technically non-recyclable and banned from the market. This means that plastic produce punnets or agricultural wraps must be engineered to comply with harmonised design-for-recycling guidelines.

Common misconceptions about primary production packaging

“Farmers are the primary obligated producers for the packaging they use”

This is a common misunderstanding. Under the PPWR, the primary agricultural business filling the box or sack is not the obligated producer. Instead, the legal obligation and financial responsibility for waste management belong to the packaging manufacturer or importer who first supplies the empty packaging on that territory.

“Primary production packaging is exempt from the 2030 recyclability mandates”

This is incorrect. There is no general exemption for agricultural or fishing packaging under Article 6 of the PPWR. Every wooden crate, plastic mesh bag, and paper feed sack must be designed for recycling and classified under the new performance grading system by 2030.

“Wooden fruit crates are exempt from EPR fees because they are biodegradable”

While wood is a biological material, it is still classified as packaging waste and is subject to the polluter pays principle. Wooden packaging has specific material recycling targets under Article 52 of the PPWR (25% by 2025 and 30% by 2030), and producers must pay fees to support its recovery and treatment.

“Unbranded agricultural packaging does not require EPR reporting”

This is false. The absence of a printed logo or brand name does not remove EPR obligations. The manufacturer or importer who first makes the unbranded, generic packaging available to agricultural users is still legally defined as the producer and must declare the packaging weight.

5 examples of primary production packaging

Moulded paper pulp egg cartons

These protective trays hold raw eggs directly from primary farms. Under the PPWR, they are classified as paper and cardboard packaging and must meet the 85% material recycling target by 2030.

Wooden strawberry baskets

Thin wood veneer baskets used to contain harvested berries in the field. These containers must be reported by the wood manufacturer or importer under the wood packaging category.

Plastic mesh onion bags

Woven plastic net sacks used to bundle raw onions or potatoes. The plastic packaging manufacturer who supplies these nets empty to the grower is the obligated producer under Swedish and EU regulations.

Corrugated cardboard apple flats

Large, open-topped cardboard trays used to hold apples during transport and display. These flats must be designed for recycling and count toward the packaging weight declarations of the packaging supplier.

Extruded plastic berry punnets

Clear polyethylene terephthalate (PET) clamshells used to pack raw blackberries or raspberries. Since they contact fresh food, they must comply with future safety rules and recyclability performance standards.

Terms related to primary production packaging

To stay compliant, you must understand how primary production packaging connects to neighbouring packaging definitions.

Frequently asked questions

Does a grower need to register with Naturvårdsverket for using fruit boxes?

No, growers and farmers who purchase and fill boxes are not considered producers under Swedish or EU law. The registration and reporting duties belong to the packaging manufacturer or importer who first supplied the empty boxes.

When do the PPWR recyclability rules apply to agricultural packaging?

The general recyclability requirements under Article 6 of the PPWR apply from 1 January 2030, after which all packaging must be designed for recycling. Packaging that does not meet these criteria will be restricted from the European market.

Are wooden crates for vegetables subject to recycling fees?

Yes, wooden agricultural crates are subject to EPR waste management fees, which are used to finance national collection and recycling systems. The fees are paid to approved PROs in the country where the packaging is expected to become waste.

Do primary production packaging units require sorting labels?

Yes, under Article 12 of the PPWR, packaging placed on the market must bear harmonised sorting labels to facilitate consumer sorting. However, transport packaging is generally exempt from some of these marking rules.

Who is the obligated producer if custom branded boxes are supplied to a farm?

If you supply custom-printed, branded agricultural boxes carrying your trademark to a farm, you are considered the manufacturer and the obligated producer. You must declare these packaging units under your EPR registration and ensure they comply with PPWR standards.

Is a potato sack considered primary production packaging or transport packaging?

A potato sack containing raw, unprocessed potatoes directly from the farm is classified as primary production packaging. The producer responsibility remains with the company that first made the empty sack available on the national market.

Sources:

• Commission Notice - Guidance document for Regulation (EU) 2025/40 on packaging
• Packaging and Packaging Waste Regulation (EU) 2025/40
• FAQ and answers regarding covered products - VANA
• FOR STEWARDS GUIDEBOOK - Multi-Material Stewardship Manitoba
• NATIONAL STEWARDS GUIDEBOOK - Multi-Material Stewardship Manitoba
• Packaging Producer - What Applies to You - Naturvårdsverket