In a decision of 9 December 2022, the Council of State annulled the decree establishing the list of fruit and vegetables that may be sold in plastic packaging. A new decree is being drafted.
The decree specifying which fruits and vegetables can be sold in plastic packaging was annulled by the Council of State in a decision of 9 December 2022. The decree was issued under the 2020 Circular Economy Anti-Waste Law, section 77 of which prohibits the display of plastic-wrapped fruits and vegetables on sale in 1er January 2022.
The reason for the annulment of the decree is the extension of the list of exemptions to fruit and vegetables which do not present a risk of deterioration and the temporary nature of those exemptions. Both provisions were found to be contrary to the mandate of the Anti-Waste Law.
Following this decision, the Ministry of Ecological Transition announced that a new decree will be issued as soon as possible to maintain the ban on plastic packaging of fruits and vegetables that can be sold in bulk. The new text will also include a list of fruits and vegetables that are permanently exempted from the plastic packaging ban because of their risk of deterioration when sold in bulk.
