PART 3Producers
CHAPTER 1Definition of a producer
Producers6
1
A producer in respect of a scheme article is—
a
in the case of a scheme article branded in the United Kingdom, the brand owner,
b
in the case of a scheme article branded by a brand owner outside the United Kingdom, the importer.
2
The operator in respect of an online retail sale is to be regarded as the importer for the purposes of paragraph (1) where a scheme article is being sold—
a
for the first time in the United Kingdom,
b
to a consumer in Scotland, and
c
by way of a retail sale.
3
In this regulation—
“brand owner” means the person who, in the course of a trade, business, craft or profession, puts a name, trade mark or other distinguishing mark on a scheme article or scheme packaging by which the person is held out to be a manufacturer or the originator of the scheme article, and “branded” is to be construed accordingly,
“importer” means the person who, in the course of a trade, business, craft or profession, first markets, offers for sale or sells the scheme article in the United Kingdom.