Italy Senate Changes Compostable Packaging Rules Before Final Conversion Vote

The legal position has two layers. The underlying Decree-Law 143/2026 has applied since 8 August. The Senate amendments are not yet law and require Chamber approval, promulgation and publication. The decree must be converted within 60 days of publication to retain permanent effect.

The decree adds Article 226-quinquies to Legislative Decree 152/2006. It requires specified packaging first made available on the Italian market to be certified biodegradable and compostable under UNI EN 13432 or an equivalent recognised European standard.

Senate Amendments Narrow And Qualify The Packaging Scope

The base categories cover single-use plastic packs for less than 1.5 kilograms of prepacked fresh fruit and vegetables; single-use food and drink packaging filled and consumed in hotels, restaurants and catering premises; individual portions of condiments including preserves, sauces, coffee cream and sugar; and flexible single-use cosmetic and hygiene packs for one hotel booking.

Existing exceptions include condiment packs supplied with ready-to-eat takeaway food and packs needed for hygiene or safety in facilities providing individual medical care. The Senate-approved text adds a condition for covered hotel cosmetic and hygiene packs: the contained product must itself be certified biodegradable and compostable and compatible with composting.

It also temporarily suspends the national obligation for a detailed list of prepacked fresh fruit, vegetables, herbs, mushrooms and ready-to-eat produce while European Commission guidance under Article 25(6) of Regulation (EU) 2025/40 is pending. Businesses must use the statutory list rather than treat all fresh produce as exempt.

Administrative penalties apply from 1 January 2030. The Senate text would protect an economic operator that obtained suitable manufacturer, importer or distributor documentation attesting conformity, unless the operator knew or should have known that the packaging was non-compliant. This is a defence against the administrative fine, not permission to market non-compliant packaging.

Manufacturers should maintain certification for the finished packaging and supply clear evidence downstream. Importers, distributors, retailers and hospitality users should map affected formats, preserve supplier documents and distinguish current decree text from amendments awaiting completion.

Foresight analysis: the amendments move compliance risk from a simple material claim towards a documented chain of assurance. That makes supplier evidence commercially important, but knowledge of obvious non-compliance can defeat the defence, so buyers still need proportionate checks.

Practical call to action: Review the current decree now, but keep procedures configurable until the Chamber vote and final conversion text are published.