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7A.—(1) SEPA must provide guidance for the purposes of regulation 7 on the following matters—
(a)the evidence which may be used by a producer to demonstrate that primary packaging or shipment packaging is supplied to a business or public institution which in either case is the final user of the packaging,
(b)on when—
(i)a product is to be treated as being designed only for use by a business or a public institution, and
(ii)packaging for that product is to be treated as not reasonably likely to be disposed of in a household bin or a public bin.
(2) SEPA may take the following factors into account in the preparation of guidance under paragraph (1)(b)—
(a)the size of the packaging,
(b)the weight of the packaging,
(c)whether the supply of a product is subject to restrictions imposed by or under primary or secondary legislation,
(d)how available a product or its packaging is to consumers,
(e)whether a product is likely to be used by a business in a household,
(f)any other factor SEPA considers relevant.]
Textual Amendments
F1Regs. 7, 7A substituted for reg. 7 (1.4.2024) by The Packaging Waste (Data Reporting) (Scotland) Amendment Regulations 2024 (S.S.I. 2024/42), regs. 1, 7 (with reg. 18)
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