Insertion of new regulation 7A (NRW guidance) E+W

9.  After regulation 7 (household packaging), insert—

“NRW guidance

7A.— (1) NRW must provide guidance for the purposes of regulation 7 (household packaging)—

(a) on the evidence which may be used by a producer to demonstrate that primary packaging or shipment packaging is supplied to a business or a 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) NRW 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 NRW considers relevant.”

Commencement Information

I1 Reg. 9 in force at 1.4.2024, see reg. 1(2)