PART 2The deposit and return scheme
Sale of articles4
1
Where an article meets the criteria in both sub-paragraphs (a) and (b) of the definition of “scheme article” in regulation 3(2), a person may only market, offer for sale or sell that article to a consumer in Scotland if it also complies with paragraph (c) of that definition.
2
A person may only market, offer for sale or sell a scheme article to a consumer in Scotland if the producer of that article for the purposes of regulation 6(1), is a registered producer.
3
For the purpose of paragraphs (1) and (2) the following is to be regarded as the person who markets, offers for sale or sells the scheme article—
a
in the case of an online retail sale, the operator,
b
in the case of a vending machine sale—
i
where the machine is marked with the name and address of its owner, that owner, or
ii
otherwise, the person with the management and control of the premises on which the machine stands or to which it is affixed.