Food Packaging Exports to EU: PPWR PFAS Non-Compliance? Germany Fines Up to €10,000

On 12 August 2026, the EU Packaging and Packaging Waste Regulation (EU) 2025/40 (the PPWR) applied. According to the Guidance Document C/2026/3084 published by the European Commission on 10 June 2026, food contact packaging placed on the EU market shall comply with the requirements regarding per- and polyfluorinated alkyl substances (PFAS) and total fluorine (TF) content, which apply to packaging that has already come into contact with food or that is reasonably expected to come into contact with food in premises such as supermarkets, restaurants and catering establishments.

Under the EU PPWR Regulation, EU Member States are required to lay down the rules on penalties applicable to infringements and shall notify the European Commission by 12 February 2027. On 17 July 2026, Germany published the relevant Packaging Implementation Act (VerpackDG), which stipulates that placing packaging on the market that does not comply with the requirements regarding PFAS or TF contents may result in a fine of up to 10,000 euros, and that such packaging can be confiscated.

At this critical juncture, businesses need to check as soon as possible whether the food contact packaging they place on the EU market complies with the requirements for PFAS and TF contents, particularly the TF content requirement. To this end, Intertek’s compliance experts have compiled a guide to help you navigate and answer the key issues and queries.

1. Q: Which types of food contact packaging are considered high-risk for containing PFAS substances?

A: Disposable paper cupcake cups for baking(recalled in Belgium in 2021 and in Norway in 2022), paper straws, grill sheets, and protein powder pouches (out-of-court settlements under U.S. California Proposition 65 in 2025 and 2026). Other packaging containing water-, oil- or stain-resistant coatings or treatments is also classified as high-risk packaging.

2. Q: What are the limit values for PFAS substances under the EU PPWR?

A: The limits for individual non-polymeric PFAS are 25 ppb each, and the limit for non-polymeric PFAS is 250 ppb in total; the total fluorine (TF) content (including polymers) is 50 ppm.

3. Q: Does the EU PPWR contain a specific list of PFAS substances?

A: According to the EU FAQ (August 2026), the EU will not publish a specific list of PFAS substances. However, Member States (such as France) may still publish specific lists of PFAS substances.

4. Q: Is it acceptable to test only the total fluorine (TF) content, without testing for specific PFAS substances?

A: According to European Commission Guidance Document C/2026/3084, the European Commission currently accepts reports on total fluorine (TF) or total organic fluorine (TOF) content as proof of compliance. However, Member States (such as France) may still issue lists of specific PFAS substances.

Furthermore, it should be noted that food contact packaging shall still comply with the following EU and Member State regulations. Therefore, manufacturers of food contact packaging shall still ensure that specific PFAS substances comply with the following concentration limits:

1. EU REACH Regulation (EC) No 1907/2006, Annex XVII: (1) Entry 68 on perfluorocarboxylic acids containing 9 to 14 carbon atoms in the chain (C9-C14 PFCAs), their salts and related substances; and (2) Entry 79 on undecafluorohexanoic acid (PFHxA), its salts and related substances;
2. EU POPs Regulation (EU) 2019/1021, Annex I, Part A: (1) perfluorooctane sulfonic acid (PFOS), its salts and related compounds, (2) perfluorooctanoic acid (PFOA), its salts and related compounds, (3) perfluorohexane sulfonic acid (PFHxS), its salts and related compounds, and (4) long chain perfluorocarboxylic acids (C9-21 PFCAs), their salts and related compounds (approved but not yet formally published);
3. EU Plastic FCM Regulation (EU) No 10/2011 Positive list (for food contact plastics and their coatings);
4. EU Member States requirements, e.g., Danish Executive Order No. 681 of 25 May 2020 (for food contact paper and cardboard).

In Germany, under the Chemicals Sanctions Ordinance (ChemSanktionsV), breaches of Annex XVII of the EU REACH Regulation or Part A of Annex I to the EU POPs Regulation (EU) 2019/1021 are considered criminal offences (Straftaten) and are punishable by up to two years of imprisonment or fines. The penalties are more severe if the offence endangers the life or health of others. Under the Food, Consumer Goods and Feed Code (LFGB), the use of substances not authorised under the EU Plastic FCM Regulation (EU) No 10/2011 is punishable by up to one year’s imprisonment or a fine. The penalties are more severe if such use endangers the life or health of others, or results in substantial financial gain.

5. Besides the EU, which countries or regions have adopted the EU’s requirements regarding the PFAS and TF in food contact packaging?

A: The UK Northern Ireland already implemented requirements for PFAS and TF contents. On 27 January 2026, Switzerland proposed the same requirements, with implementation scheduled to commence on 31 December 2027.

Intertek Hardlines China Laboratories offers testing services and technical support regarding the levels of per- and polyfluorinated alkyl substances (PFAS) and total fluorine (TF) contents in food contact packaging under the EU PPWR Regulation, including: screening for total fluorine (TF) content (EN 17813, EN 14582 or ASTM D7359), targeted PFAS analysis (EN 17681-1 hydrolysis method, pyrolysis-gas chromatography-mass spectrometry (Py-GC/MS)), review of documentation (MSDS/BOS), chemical management and factory audits, etc.

Intertek is deeply aware of the challenges that the implementation of the new PPWR regulation brings to businesses. With our comprehensive capabilities covering the entire compliance chain, we are here to safeguard your pan-European operations:

• Testing Services: Covering comprehensive packaging compliance testing, including heavy metal limits, PFAS screening, compostability verification, packaging minimisation assessment and more, ensuring that packaging meets regulatory standards from the source.
• Label Review and Technical Document Checks: Providing verification of label elements, review of technical documentation (TD) and declarations of conformity (DoC), and validation of content integrity. This helps proactively mitigate market access risks and ensures your documentation stands up to regulatory scrutiny.
• Tiered Training: From regulatory awareness to practical implementation, through public lectures and customised internal training, we help internalise compliance capabilities into core corporate competencies. All training is certified by Intertek, providing trustworthy endorsement for your compliance practices.
• Tailored Diagnostic Services: Given the complexity of the PPWR regulatory framework, which involves multiple dimensions such as packaging materials, product categories, and target member states, we offer "on-demand diagnostic, tailor-made" services that precisely match your organisation’s specific circumstances and efficiently resolve individual challenges.

Contact Us for Enquiries

Hotlines：
Yana Yang：0755 26020126
13138889031
Yama.yang@intertek.com

Susie Su：0755-2602 0287
Susie.su@intertek.com

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