Essential Requirements charge for Sainsburys

It is facing two charges under the Packaging (Essential Requirements) Regulations 2003, relating to products bought in April 2009 and February 2010 respectively. The Regulations set out the requirements packaging must meet if it is to be put on the market.

The case is due to be heard at Lincoln Magistrates' Court on October 13, and is believed to be the first time a major grocer has been taken to court over such an issue.

Lincolnshire county council claims that the beef packaging was not limited to the ‘minimum adequate amount to provide the necessary level of hygiene, safety and acceptance' for the packed product and the consumer, as the Essential Regulations require.  It is understood to have been vacuum-packed and stored inside a plastic tray with a lid and also have a printed cardboard sleeve.

Peter Heafield, head of trading standards at the council, said: “Following a consumer complaint about a product available in Sainsbury's, Trading Standards carried out an investigation which has resulted in the matter being brought before the court.”

“Excessive packaging on goods can cause unnecessary damage to the environment and increases costs associated with recycling and landfill. Lincolnshire county council has a duty to enforce regulations which require businesses to review and reduce their packaging so that items are packaged only in a way that is necessary for issues such as protection of the product and consumer acceptance.”

Surprised

Commenting on the case, Sainsbury's said it was “surprised” by the council's comments, because it had reduced the packaging on the joint by 53% and was set to be reduced 10% further. It also said it had had a “very positive” meeting with the council's packaging team.

It added: “In fact, we have been informed that the council, in light of that meeting, is currently looking again at whether it will proceed.”

The retailer said it had set an “industry-leading” target to reduce packaging by a third by 2015, and had made great progress to date which had been recognised by the Waste & Resources Action Programme.

“For example, by stocking basics cereal in bags rather than boxes, we save 165 tonnes of cardboard per year without affecting the quality of the product”, it said.

The supermarket added: “Packaging is essential to ensure food remains fresh and undamaged, thereby preventing food waste, and we are committed to finding ways to reduce it while ensuring it remains functional.”

Guidance on the Packaging (Essential Requirements) Regulations 2003 can be found on the department for business, innovation and skills website. The Department has responsibility for the regulations.