Packaging waste fine highlights food industry obligations
recycle part of its packaging waste, after a frozen food firm was
slapped with a fine for breaching Producer Responsibility
Regulations.
Sevenoaks Magistrates Court fined Tonbridge-based Cook Trading £1,000 (€1,253) for six cases of failing to comply with the regulations to recycle and recover packaging waste from 2005 to 2006. It also ordered the firm to pay costs of £1,281 (€1605) as well as a compensation order to the Environment Agency of £1,536 (€1,925). The company, which pleaded guilty, implemented the packaging waste regulations as soon as it had been made aware of its responsibilities. The regulations, which apply to businesses that carry out certain activities, or functions, in relation to packaging, aim to reduce the amount of packaging and encourage the recycling of packaging materials. Under the Producer Responsibility (Packaging Waste) Regulations 1997, companies with an annual turnover of over £2m (€2.5 m) and handling more than 50 tonnes of packaging each year were required, at the time of the offences, to register with the Environment Agency or a compliance scheme. The regulations required companies to show that steps had been taken to recover and recycle a specified tonnage of packaging waste and provide the Environment Agency with a certificate showing whether or not the targets had been met. Packaging waste Since 2005, companies must recover and recycle a certain amount of packaging waste and provide evidence that this recovery and recycling has been undertaken through a registered compliance scheme. The recovery and recycling figures also provide evidence that the UK is meeting recycling targets set by the EU. The Producer Responsibility (Packaging Waste) Regulations were introduced to implement the Single Market provisions of the EC Directive on Packaging and Packaging Waste. National targets, which the UK must meet in 2008, are: overall recovery, 60 per cent; overall recycling, 55 per cent. According to the Environment Agency, the regulations have had a positive impact on the reduction of waste in the industrial sector and "the amount of packaging being recycled has increased significantly since the regulations have been in force". The regulations give substance to 'producer responsibility' which is an extension of the 'polluter pays principle', and is aimed at ensuring that businesses take responsibility for the products they have placed on the market once those products have reached the end of their life. It is therefore important that businesses should take steps to ensure that they understand all aspects and requirements of the regulations, the agency said. The prosecution of Cook Trading will come as a reminder that companies that breach packaging regulations can expect to face serious implications. As regulatory aspects can sometimes seem daunting, especially for smaller businesses, the UK's environmental regulators, have set up a website (www.netregs.gov.uk) to provide information and advice on good environmental practice for smaller businesses. Cook Trading offences Cook Trading offences under the 1997 and 2005 Packaging Waste Regulations:
Failed to be registered by the 7 April 2005 with the Environment Agency in respect of that year
Failed to recover and recycle packaging waste during the year ending 31 December 2006
Failed to furnish a certificate of compliance in respect of the recovery and recycling obligations by 31 January 2007
Failed to recover and recycle packaging waste during the year ending 31 December 2005
Failing to furnish a certificate of compliance in respect of the recovery and recycling obligations by 31 January 2006
Failing to be registered by the 7 April 2006 with the Environment Agency
