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SA ’ s biggest retailers and brands make moves in packaging By Nonhlelo Nhleko , Paula-Ann Novotny and Ziyanda Ngcobo from Webber Wentzel
As environmental awareness increases both globally and locally , the amount of waste generated in South Africa is attracting more concern .
Significant volumes of waste are still being diverted to landfill sites , which reflects a continued and dangerous ‘ take-make-dispose ’ relationship with consumer products . In response to both consumer and legislative pressures , some of South Africa ’ s largest retailers and brands are now putting a greater emphasis on the recyclability of their packaging .
The World Wildlife Fund South Africa ’ s plastics report ( Plastics : Facts and Futures ), published in November 2020 , showed that out of the major municipalities , only eThekwini Metropolitan Municipality in KwaZulu-Natal and the City of Ekurhuleni Metropolitan Municipality in Gauteng have significant landfill space left . There is therefore an urgent need to divert plastic and packaging waste and other end-of-life materials away from landfill sites .
LEGISLATIVE MOVES The Plastic Carrier Bags and Plastic Flat Bags Regulations published under the Environmental Conservation Act , 1989 ( Plastic Bag Regulations ) are premised on the popular slogan : ‘ Reduce , Reuse , Recycle ’. Read with the plastic bag levy introduced in 2004 under the Customs and Excise Act , 1964 , an indirect tax has been imposed on the movement , manufacture , or consumption of plastic bags . Retailers pass this tax onto consumers by charging for every sale of a plastic bag .
The Plastic Bag Regulations also impose certain ‘ compulsory specifications ’ on plastic bags ( such as a minimum thickness of 24 microns ), to make plastic bags more environmentally friendly and reusable . Under the most recent amendments to the Plastic Bag Regulations , there is now a deadline that all plastic bags should contain designated amounts of ‘ postconsumer recyclate ’ at certain intervals , until they ultimately contain 100 % post-consumer recyclate content by 1 January 2027 ( subject to permissible exceptions ).
But our legislators have acknowledged that we need to do more in encouraging circular economy thinking and practices . In May 2021 , the Extended Producer Responsibility Regulations published under the National Environmental Management : Waste Act , 2008 took effect , marking a new waste management policy approach that is now regulated by law .
Extended Producer Responsibility ( EPR ) is founded on product stewardship and the ‘ polluter-pays principle ’, to encourage circular economy practices ( such as sustainable packaging design ), increase
Joshua Woroniecki | Pixabay
Large retailers have been aggressively pursuing more sustainable packaging for many years now owing primarily to the fact that South Africa essentially has no more landfill capacity .
recycling rates and divert waste from our landfills . The EPR Regulations prescribe mandatory EPR measures which designated producers of identified products in ( among others ) the paper , packaging and single-use product sector must comply with .
These include upstream obligations ( regulating the design , production , and composition of products to encourage avoiding , reducing , and reusing waste ), as well as downstream obligations ( regulating the waste implications associated with
38 www . coldlinkafrica . co . za COLD LINK AFRICA • May 2022