In recent years, sustainability has emerged as a pivotal concern within the food industry, driven by growing consumer awareness and demand for environmentally responsible practices. As businesses strive to meet these expectations, global regulations play a crucial role in shaping sustainable practices across the sector.
Notably, the EU Green Claims Directive has introduced new guidelines that impact how food products in the region and imported are labeled and marketed, ensuring that claims about sustainability are credible and transparent. This directive not only aims to combat misleading marketing but also encourages companies to adopt genuine sustainable practices, ultimately promoting a more transparent and accountable food system. Food industry professionals must be knowledgeable and agile when it comes to global regulations in the EU, North America and beyond as they work to improve sustainability and remain competitive.
Legislative Status and Recent Developments
The Green Claims Directive proposal has not yet been adopted. During the legislative process, it underwent significant amendments and changes by the two EU co-legislators, the European Parliament and the Council of the European Union. Negotiations among them and the European Commission have been ongoing since the beginning of the year in the “trialogue” format.
Under industry pressure, they have agreed that third-party verification should take place within 30 days and may be extended, in duly justified cases, by an additional 30 days. In response to this industry concern, the Testing, Inspection and Certification (TIC) industry is developing solutions to efficiently address industry concerns.
The European Commission announced plans to withdraw the legislative proposal on environmental claims before the last trilogue, scheduled for June 23, 2025, citing pressure from several political groups that criticized the Directive for imposing an administrative burden on manufacturers.
Following the Commission’s announcement, negotiations were suspended. The Commission later indicated that it might proceed with the Directive if micro-enterprises were excluded from its scope, as per its initial proposal, which, however, contradicts the EU Council’s mandate.
The incoming Danish Presidency of the Council of the EU is expected to take over discussions on this issue after consultation with the three involved EU institutions. In the event of an agreement this year, the application of the directive cannot be expected to occur before 2028.
The EU Green Claims Directive
In line with the European Green Deal’s commitment to combat false environmental claims and reduce ‘greenwashing’, the legislative proposal aims to introduce minimum requirements for substantiating and communicating environmental claims in business-to-consumer practices. These claims must undergo accredited third-party verification before being used in commercial communications.
The proposed directive sets detailed rules for substantiating and communicating explicit environmental claims about products. These requirements would take precedence over Directive 2005/29/EC in the event of a conflict. The directive applies to voluntary, explicit environmental claims and environmental labeling schemes not regulated by other EU acts, such as the EU Ecolabel, the Organic Products Regulation, the Eco-Management and Audit Scheme (EMAS) or the carbon removals certification framework.
Food safety professionals should be familiar with the main elements of the initial proposal for requirements for Substantiating Claims, Comparative Environmental Claims and Communication of Environmental Claims:
- Substantiating Claims: Includes specifying the product or company activity claims, taking a life-cycle perspective and considering all environmental impacts, and ensuring that positive achievements don’t have harmful impacts on climate change.
- Comparative Environmental Claims: Requirements include using equivalent information and data for assessment, generating and sourcing data in an equivalent manner, and covering the same stages along the value chain.
- Communication of Environmental Claims: Covers only substantiated claims and ensures that the provided product information is among the most relevant life-cycle stages.
The Commission would be empowered to adopt delegated acts to specify the information that can be communicated. The requirements do not apply to microenterprises (those with fewer than 10 employees and an annual turnover/balance sheet total of under €2 million) unless they request verification.
The proposed directive also sets requirements for environmental labeling schemes, certifying that a product, process, or company complies with environmental label requirements.
US Food Waste Reduction Laws
In the US, new laws have been developed, aiming to minimize food waste and its impact on supply chain management. With that, state legislators have been increasingly active and concerned about food waste. NSF is currently tracking 68 bills in the current state legislative sessions that address food waste, four of which have been signed into law.
One new law that impacts the food industry in Maine is set to take effect in 2030. The law defines a “designated food waste generator” and establishes a hierarchy of actions to be taken with the intention of reducing food waste, emphasizing three key points: reduction, donation and diversion for agricultural use or composting.
Colorado also implemented a new law that creates a voluntary program to assist small businesses in implementing food waste prevention and reduction strategies. The law requires the Department of Public Health and Environment to:
- Provide annual training that includes strategies for preventing and reducing food waste.
- Develop a food waste reduction guidance document.
- Place the document on the department’s public website.
- Update the document at least once a year.
The law also encourages grocery stores to clearly display the ingredients of prepared food items and use “best if used or frozen by” dates instead of “sell by” dates on prepared foods. Finally, the law extends existing civil and criminal immunity from liability for injury or death resulting from donated foods to include faith-based organizations that donate food and food donations to such organizations.
Another new law in Colorado encourages schools to adopt policies to reduce food waste in school cafeterias and food preparation facilities. The law also requires existing grant programs to consider providing funding to schools to develop and implement effective composting, excess food donation, or shared table programs.
The last of the four signed bills is in New York, which recently implemented a law that provides an additional year for the implementation of a program requiring entities that generate large amounts of food scraps to separate and donate food for human consumption to the extent possible and when donation is not possible, to engage with organic recyclers.
Food industry professionals must be knowledgeable about the various laws that take effect, so that they can comply with the requirements necessary to operate in different states.
Packaging Regulations
Packaging plays a critical role in the food industry’s environmental impact. It is no surprise that many states have enacted Extended Producer Responsibility (EPR) laws. California, Colorado, Maine, Oregon, New Jersey, Minnesota and Washington have all passed such laws, and many other states are considering EPR legislation. CA SB 54 was passed in 2022 and is perhaps the most comprehensive law of its kind in the United States. The law, which began phasing into effect this year, sets a goal of reducing plastic packaging by 25% by 2032.
The US FDA regulates food contact materials, including food packaging, as covered in 21 CFR. The CFR includes a list of substances that are prohibited from being used as food contact substances. With some limited exceptions, the FDA reviews all food contact materials, typically through the Food Contact Substance Notification process. This applies to packaging made from recycled materials, as the FDA requires manufacturers to demonstrate that these materials are safe for use in food contact applications.
Specifically, food industry professionals should be aware of relevant global food safety standards. ISO 18604:2013 is a mainstay in the industry, as it is an ISO standard that specifies the requirements for packaging to be recyclable. ISO 18604:2013 supports the United Nations Sustainable Development Goal (SDG) 12, Responsible Consumption and Production. In particular, this SDG sets a goal of halving food waste among businesses and consumers by 2030.
Sustainability for the Food Industry
Transparency in carbon emissions and reporting is crucial for food manufacturers to remain competitive in the industry. In fact, there are three different laws just in the state of California related to climate disclosure:
- SB 253, the Climate Corporate Accountability Act: Applies to companies with total annual revenues exceeding $1 billion doing business in California, requiring disclosure of scope 1, 2, and 3 greenhouse gas emissions.
- CA SB 261, the Climate-Related Financial Risk Act: Takes effect in 2026, requiring businesses that exceed $500 million in annual revenue to report on climate-related risks.
- CA AB 1305, the Voluntary Carbon Market Disclosures Act: Requires entities making claims regarding net-zero emissions, carbon neutrality or significant reduction. In emissions to make specified website disclosures.
Beyond reporting, the nexus of food, water, and energy is crucial to maintaining our food supply and cannot go unstated. Water management is crucial in sustainable food production, as agriculture is the largest consumer of freshwater worldwide. Water is also intensively used in energy production. As we battle climate change, we may face challenges, as a shortage of water will not only impact our water sources but also strain our food production.
Adapting to Changing Global Regulations
As the global food industry continues to evolve, the imperative for sustainability has never been clearer. Increasing consumer awareness and regulatory pressures are driving businesses to adopt sustainable practices, making it essential for companies to reevaluate their operations and supply chains.
In this context, regulations play a pivotal role in fostering these changes, with the EU Green Claims Directive standing out as a significant force in shaping food labeling and marketing strategies. The EU Green Claims Directive not only aims to combat greenwashing but also sets a standard for transparency, compelling businesses to substantiate their sustainability claims.
As we delve into the current regulations impacting the food industry, including US states implementing laws that impact packaging and carbon emission transparency, it becomes evident that addressing challenges such as food waste, carbon footprints, packaging and water usage is not just a matter of compliance but a pathway to a more sustainable future.
