The Italian law and the dates that matter
Italian Law No 173 of 5 October 2026, published in Official Gazette No 232 on 6 October 2026 and effective from 7 October 2026, converts Decree-Law No 143 of 7 August 2026 with amendments. It adds Article 226-quinquies to Legislative Decree 152/2006 concerning the compostability of specified packaging types. This entry-into-force date must not be confused with the start of the new penalties on 1 January 2030. [1, 2, 3]
- Official Gazette publication
- 6 October 2026
- Law in force
- 7 October 2026
- New penalty regime
- from 1 January 2030
Which packaging formats are covered?
The new Article applies to the first making available on the Italian market of specific categories of single-use plastic packaging, within the formats and permitted uses under Regulation (EU) 2025/40 (PPWR). They include packaging for less than 1.5 kg of prepacked fresh fruit and vegetables; filled food and beverage packaging for consumption on hotel, restaurant and catering premises; individual condiment portions in those sectors; and certain flexible single-use packaging for cosmetics and personal hygiene in accommodation facilities. Additional conditions apply to the compostability of the contents in the latter case. [2, 3]
Where the rules apply, packaging must be certified by accredited bodies as biodegradable and compostable under UNI EN 13432 or European-recognised equivalent standards. Generic “green” or “compostable” claims do not replace the required evidence. [2, 3]
Exceptions, derogations and food contact
The act contains specific exceptions for certain takeaway-food packs and for particular healthcare uses, as well as further derogations tied to PPWR conditions. A transitional provision exempts packaging containing particular listed fresh produce while awaiting Commission guidance under Article 25(6) PPWR. It would therefore be inaccurate to apply the obligation indiscriminately to all fruit and vegetable packaging. [2, 3, 5]
The prohibition on certain single-use plastic plates under the EU Single-Use Plastics framework remains in place; compostability does not override it. Rules on food-contact materials and waste management also continue to apply independently. [2, 3]
Penalties from 2030 and evidence from suppliers
Article 261(4-quinquies) of Legislative Decree 152/2006 provides for administrative penalties of EUR 2,500–25,000 from 1 January 2030, with increases in circumstances set by law. An economic operator may benefit from a statutory defence when it can show suitable conformity documentation from the manufacturer, importer or distributor, unless it knew or should evidently have known about the non-compliance. Certificates, declarations and supplier records therefore matter, but do not provide an automatic exemption. [2, 3]
Practical preparation
Before bringing a packaging format to market, classify its material, weight, design and use; determine whether a derogation applies; obtain accredited EN 13432 (or equivalent) certification and its validity dates; link the supplier, lot, declarations and evidence; and assign responsibility for future review. For food-contact packaging, perform a separate food-contact compliance assessment. Software cannot replace product-specific legal review.
For a broader overview, see the NexusDPP guide to packaging and the PPWR.
Official sources
- Read the official source — Official Gazette: Law 173/2026
- Read the official source — Normattiva: consolidated Decree-Law
- Read the official source — Gazette: coordinated text
- Read the official source — EUR-Lex: PPWR Regulation 2025/40
- Read the institutional source — Italian Chamber of Deputies: scope and exceptions
Information checked against official sources on 23 October 2026. Scope and duties must be assessed against the product, facts and legislation in force.
