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You do not need to comply with the Packaging (Essential Requirements) Regulations if your packaging:

• was manufactured on or before 31 December 1994
• was placed on the market on or before 31 December 1999
• is made entirely from lead crystal

You can make use of exemptions for heavy metals in plastic pallets, plastic crates and glass packaging, but you must comply with the other essential requirements. This allows the concentration of regulated heavy metals (lead, cadmium, mercury and hexavalent chromium) to exceed the limit of 100 parts per million (ppm) if certain criteria are met.

Glass packaging exemptions

Glass packaging may contain more than 100ppm of heavy metals if:

• no regulated metals have been intentionally introduced during manufacturing
• the limits are only exceeded as a result of adding recycled materials which contain the heavy metals
• the person placing the product on the market submits a report to the enforcement authority showing that the average heavy metal concentration of each item does not exceed 200ppm

If recycled materials have been added to the glass packaging, the average heavy metal concentration of each item should not be more than 200ppm. This only applies if no regulated metals are introduced to the packaging during its manufacture. You must document this and report it to the Department for the Economy (DfE).

Plastic pallet and plastic crate exemptions

Plastic pallets and crates may contain more than 100ppm of heavy metals if:

• the pallets or crates are manufactured in a controlled recycling process, involving a maximum of 20 per cent new (virgin) material, and the remaining material is other plastic pallets and crates
• no regulated metals have been intentionally introduced during manufacturing
• the limits are only exceeded as a result of adding recycled materials which contain the heavy metals

You must only use new pallets and crates as part of a controlled distribution and reuse system in which:

• all new plastic pallets and crates that contain more than 100ppm of heavy metals are marked in a permanent and visible way
• you keep an inventory and full records
• the return rate of the pallets and crates over their lifetime is at least 90 per cent

Documents for exemptions

You must produce documents showing that you have met the conditions of the exemptions from the Packaging (Essential Requirements) Regulations. If you produce plastic pallets and crates you must make an annual declaration to show that you meet the conditions.

You must keep records for at least four years after the packaging has been placed on the market. If DfE asks to see the documents you must be able to produce them within 28 days.