The Packaging Waste (Data Reporting) (Scotland) Regulations 2023

PART 3 Information required from brand owners, packer/fillers, importers, distributors and service providers

10.—(1) This Part applies to producers who are—

(a) brand owners, or for packaging for which there is no brand owner, packer/fillers,

(b) importers,

(c) distributors,

(d) service providers.

(2) A small producer must keep records of the information in paragraph 11 and 13(1)(a), (b) and (d) as required by regulation 16(1).

(3) A large producer (“LP”) must—

(a) keep records of the information set out in paragraphs 11 to 17 for the data collection period as required by regulation 16(3), and

(b) as required by regulation 17(1)—

(i) report on that information in relation to the first reporting period and subsequent reporting periods,

(ii) where LP has instituted a system of reusing reusable packaging, in relation to the first reporting period alone, include information on all the reusable packaging LP has supplied which is still being used in the relevant period.

11.  The weight in kilograms of packaging in each packaging category the producer has supplied during the relevant period.

12.  The weight in kilograms of household packaging in each packaging category the producer has supplied during the relevant period.

13.—(1) A breakdown for the packaging supplied in each packaging category during the reporting period, specifying—

(a) whether the packaging is primary packaging, shipment packaging, secondary packaging, or tertiary packaging (its “packaging type”),

(b) the weight in kilograms of packaging supplied in each packaging type,

(c) the weight in kilograms of household packaging supplied which is primary packaging or shipment packaging,

(d) the weight in kilograms of packaging, and the number of units of packaging, in each packaging category which consist of drink containers.

(2) In sub-paragraph (1)(d), a “drink container” means a bottle or can which—

(a) contains or used to contain drink,

(b) is made wholly or mainly from polyethylene terephthalate (PET) plastic, glass, steel or aluminium,

(c) has a capacity of at least 50 millilitres but no more than three litres of liquid,

(d) is designed or intended to be sealed in an airtight and watertight state at the point of supply to a consumer in the United Kingdom,

(e) is not conceived, designed or marketed to be refilled or re-used in any other way by any person.

14.  Producers who are brand owners must also keep records of, and report on, the information referred to in paragraphs 11 to 13 in relation to all packaging in each packaging category for which they are the brand owner, which is produced during the relevant period (whether or not by the producer), which they supply, or are treated as supplying under regulation 10(3).

15.  Producers who are distributors must also, for each large producer subject to obligations under regulation 15(3) to whom the producer has supplied unfilled household packaging or other unfilled packaging during the relevant period, keep records of—

(a) the identity of the producer,

(b) the number of units of such packaging supplied,

(c) the weight of unfilled packaging and of household packaging supplied to that producer.

16.  Where the producer has instituted a system of reusable primary packaging, a description of that system, including the following information—

(a) the weight in kilograms of all packaging supplied during the reporting period that is reusable or refillable,

(b) the weight in kilograms of the packaging referred to in sub-paragraph (a) which is primary packaging,

(c) whether the packaging referred to in sub-paragraph (b) is refilled—

(i) by the consumer, at home, or outside the home,

(ii) by the manufacturer or retailer, and if so whether it may be returned from the consumer’s home for this purpose, or must be returned to the store or a collection point.

17.—(1) The weight in kilograms of household packaging supplied by the producer which consists of items listed in sub-paragraph (2).

(2) The following items are relevant for the purposes of sub-paragraph (1)—

(a) packaging provided to consumers with take-away food or drink, including wraps, boxes, cups, cup-holders, bags, paper and straws,

(b) packaging on confectionery, where the confectionery weighs less than 230 grams, including chewing gum packaging, and chocolate wrappers,

(c) packaging on cigarettes, cigars, tobacco and e-cigarettes,

(d) crisp packets or packaging on other savoury snacks, where the crisps or snacks weigh less than 60 grams,

(e) packaging on single portions of food which can be consumed immediately without further preparation, including sausage rolls, sushi, sandwiches, biscuits and individual cakes,

(f) cartons holding 850 millilitres or less of drink whose contents can be consumed immediately without dilution,

(g) pouches containing less than 600 millilitres of drink, whose contents can be consumed immediately without dilution.