Korea’s packaging legislation goes back as far as 1993 when the Seoul government enacted the Act on the Promotion of Saving and Recycling of Resources along with the Ordinance on the Standards of Packaging Methods and Material, the main objective being reduce the generation of packaging waste, which constituted 37% of the country’s municipal solid waste, and to control certain types of packaging materials that were difficult to recycle.

Since then various ordinances have been introduced to strengthen these two legal instruments: The Ministry of Environment(MOE) introduced regulations on packaging materials such as expanded polystyrene in 1993.

In 1995 the Waste Management Act was revised to place a waste reduction duty on businesses that generate more than a designated amount of industrial waste. Business owners were required to establish an annual plan to reduce industrial waste/ A supplementary ordinance; the Guidelines for Industrial Waste Reduction was published in cooperation with the Ministry of Commerce, Industry, and Energy (MOCIE) and published in 1996. This was again revised in 2003 which extended the regulations to any business that generates more than 1,000 tons of industrial waste annually.

Volume-based consumer fees

At the consumer level volume-based fees replaced the local government system of charging households a waste collection and treatment costs proportional to the residence size and property tax payable.

The new Volume-based Waste Fee System imposed a variable cost determined by the amount of waste generated by each household.

The Waste Fee System is significant as it introduced the Polluter Pays Principle while providing an economic incentive to reduce waste at household level.

Under the System, enforced nationwide in January1995, consumers purchased special plastic garbage bags which incorporated the cost of both collection and subsequent treatment of their waste.

Consumers selectively sorted their household waste not just into the standard; paper, glass, metal and plastic, as is done in Japan, but also into organic food-waste.

However, recyclable waste is sorted separately in separate bins and collected without charge.

Household garbage which is not in the special fee-based plastic bags are simply not collected.

By 1999, Korea enacted its Excessive Packaging Law, complete with restrictions on ‘empty’ packaging, and reduction ratio requirements for a wide range of products.

The ratios of ‘empty space’ which are permitted are based on a formula and are highly complex: For example, processed foods are permitted to have a maximum of 15% ‘empty space’ between packaging and product, beverages have a 10% limit as do  cosmetics while Over The Counter drugs are permitted a maximum of 20%.

Limits are also placed on the number of layers of packaging for certain consumer goods, generally two layers for most goods, though shirts and underwear are only permitted one layer.

In addition, companies must ensure that a certain percentage (usually 50%) of their plastic packaging is recycled. And here’s where the complications kick-in: The ‘empty space’ ratios are reduced if the product uses recycled plastic packaging.

The law also requires reduction plans to be submitted by electronics manufacturers for their packaging, if their product is smaller than 30,000cm3 – producers must show how they plan to reduce their plastic packaging in the future.

By 2003, these laws along with the volume-based Waste Fee System and a Waste Deposit-Refund System, had significantly reduced the amount of waste generated. The per capita waste amount fell from 1.33kg to 0.98kg, the volume of waste incinerated or going to landfill fell by 45% while the collection of recyclable goods rose by a massive 115%.

However, according to the Korean Ministry of Environment it became evident that there was a limit to the amount of waste reduction and recycling increases possible due to the lack of systematic requirements governing producers who are in a position to take the lead in waste reduction and recycling policies.

As a result, the Extended Producer Responsibility (EPR) System emerged.

Extended Producer Responsibility

Comprehensive amendments were made to the Act on the Promotion of Saving and Recycling of Resources, which led to the repeal of the Waste Deposit-Refund System and the introduction of the EPR System implemented in stages from 2003.

Originally the EPR system applied to just 15 product categories, which included; metal cans, glass bottles, paper packs, and plastic packaging materials (e.g. PET bottles), TVs, refrigerators, air conditioners, tires, lubricating oil.

In 2004, fluorescent light bulbs and packaging films were added to the list of mandatory items.

Audio products and cellular phones joined the EPR system in January 2005.

Additional electronic products such as printers and copy machines were added to the list in 2006.

In the long-term, there are also plans to include automobiles and all electronic products in the EPR system.

How does EPR work?

Mandatory recycling is required for both producers and importers of the listed items and packaging materials although exemptions are made for domestic producers with an annual output of less than US$870,000 (1 billion won) and importers with annual imports of less than US$260,000 (300 million won).

Under the EPR system producers can elect to directly meet their recycling obligations by physically undertaking collection or, as is more common, they can sub-contract their obligation to a recycling business to do it on their behalf.

They can also join one of the 11 Recycling Mutual Aid Associations which have been set up, and make financial contributions to meet their recycling obligations.

To help producers promote reusable glass container collection and recycling, producers and importers of alcohol and soft drinks can include a deposit fee, the Beverage Container Deposit, which is charged separate from the retail price. When consumers return the used beverage containers, retailers or wholesalers have to refund the deposit amount.

Under the Rules on the Standards of Product Packaging Materials and Methods:
“Those who manufacture, import or sell products should endeavor to use easily recyclable packaging materials - should not laminate or shrink-wrap with PVC or use coated packaging materials (including the labels on product containers).” Which hits the in-mould labeling business square between the eyes.

In addition the gradual reduction of certain plastic packaging materials (such as EPS) is required (see table)

Re-usable containers

Manufacturers of some designated products should aim to use a percentage of reusable containers, specifically: Color make-up products: 10%, Liquid and powder detergents in plastic containers: 50%, Shampoo, conditioner and hair care products: 25%, Wet tissue type or sanitary paper products: 60%, Powdered coffee: 70% and Crayons, pastels and watercolor: 10%.

With the EPR system in effect, a 'Separate Discharge Label” system was introduced to help consumers easily recognize mandatory recycling packages and dispose of them properly.

Producers of listed mandatory recycling products or packages are obliged to attach a separate discharge label on their products.

Products and packages which are not labeled as mandatory items, are recommended to carry the label.

Although South Korea is not a major global importer or exporter of packaged product, the significance of its legislation will not be lost on its neighbours, in particular the workshop of the world, China.

It will not be long before China begins to implement all of the above provisions and some more home-grown laws which will see a radical change in the China made product packaging available in your neighbourhood supermarket.