Extended Producer Responsibility

What is EPR

What is Extended Producer Responsibility (EPR)?

Extended Producer Responsibility is a waste management system brought in by the government in 2024 that holds producers responsible for paying the full cost of managing and recycling the packaging waste from the products they place on the market.

It will only apply to household (HH) waste and will cover the local authority costs of collecting and sorting packaging waste for it to either be reprocessed or disposed of.

The need for a new government policy

While there have been pre-existing UK packaging regulations in place for over 25 years, there are the following weak spots:

  • Recycling rates have decreased to 44%[1]
  • Household kerbside recycling is inconsistent and a lot of packaging ends up littering the streets or ends up in street bins
  • Packaging from online purchases are not included
  • Consumers are not clear on what can and cannot be recycled as well as the correct waste streams

EPR will address these issues, driving the circularity of packaging further by reducing unnecessary and difficult-to-recycle packaging and increasing its recyclability and reusability.

[1] UK statistics on waste

For more guidance on EPR, visit the government web page.

What is considered packaging?

Any material that is used to cover or protect goods that are supplied or makes the handling and delivering goods easier and safer is defined as packaging. This also includes anything to be filled at the point of sale. It can be divided into two groups: household and non-household, with EPR fees only applying to household waste.

 

Household

This can be broken down into:

  • Household

    Primary

    Packaging that’s used to contain a single ‘sales unit’ to sell to customers, for example, one bag of crisps.

    For a sales unit that’s made up of many items, such as a multipack, the primary packaging includes all of the packaging on the items, for example the plastic bag around the crisps and the larger plastic bag holding all of the individual packets of crisps.

  • Household

    E-commerce and shipment

    Any packaging added to primary packaging for goods sold online or by mail order and delivered directly to the purchaser, shop or collection point. Shipment packaging can include cardboard boxes, bubble wrap and mail bags. For example, if a customer orders a packet of biscuits online and you place the biscuits in a mailing bag and post it to the customer, then the mailing bag is the e-commerce or shipment packaging.

  • Household

    Primary

    Packaging that’s used to contain a single ‘sales unit’ to sell to customers, for example, one bag of crisps.

    For a sales unit that’s made up of many items, such as a multipack, the primary packaging includes all of the packaging on the items, for example the plastic bag around the crisps and the larger plastic bag holding all of the individual packets of crisps.

  • Household

    E-commerce and shipment

    Any packaging added to primary packaging for goods sold online or by mail order and delivered directly to the purchaser, shop or collection point. Shipment packaging can include cardboard boxes, bubble wrap and mail bags. For example, if a customer orders a packet of biscuits online and you place the biscuits in a mailing bag and post it to the customer, then the mailing bag is the e-commerce or shipment packaging.

  • Household

    Primary

    Packaging that’s used to contain a single ‘sales unit’ to sell to customers, for example, one bag of crisps.

    For a sales unit that’s made up of many items, such as a multipack, the primary packaging includes all of the packaging on the items, for example the plastic bag around the crisps and the larger plastic bag holding all of the individual packets of crisps.

  • Household

    E-commerce and shipment

    Any packaging added to primary packaging for goods sold online or by mail order and delivered directly to the purchaser, shop or collection point. Shipment packaging can include cardboard boxes, bubble wrap and mail bags. For example, if a customer orders a packet of biscuits online and you place the biscuits in a mailing bag and post it to the customer, then the mailing bag is the e-commerce or shipment packaging.

However! Primary and shipment packaging may not be classed as household if:

  1. It is supplied directly to a business end-user or an organisation that removes it.For example, if you sell pastries to a hotel and the hotel removes all the packaging and places the pastries on display at the breakfast buffet.
  2. The packaging is supplied for a product designed only for business use and the packaging is unlikely to be disposed of in a household or public bin. This takes into consideration the weight or size of the product, such as large catering size packs that are designed for caterers only. For example, a 2.5kg tin of baked beans – this size would not be purchased by a consumer at a retailer and would therefore not end up in household waste.

Non-household

This is broken down into:

  • Non-household

    Secondary

    This applies to the grouping of several sales units for selling or transport purposes. Businesses may also use secondary packaging to display their goods in shops. For example, if a business places tins of baked beans onto a cardboard tray and place that tray onto a supermarket shelf, the secondary packaging is the cardboard tray.

  • Non-household

    Tertiary

    Also known as transit packaging, this is used to group secondary packaging units together to protect them while being transported or handled through the supply chain. It does not include road, rail, ship and air containers. For example, if secondary packaging units are placed into larger cardboard boxes that are sealed with plastic pallet wrap and then placed onto wooden pallets to be transported, the tertiary packaging is the cardboard box, pallet wrap and wooden pallet.

  • Non-household

    Secondary

    This applies to the grouping of several sales units for selling or transport purposes. Businesses may also use secondary packaging to display their goods in shops. For example, if a business places tins of baked beans onto a cardboard tray and place that tray onto a supermarket shelf, the secondary packaging is the cardboard tray.

  • Non-household

    Tertiary

    Also known as transit packaging, this is used to group secondary packaging units together to protect them while being transported or handled through the supply chain. It does not include road, rail, ship and air containers. For example, if secondary packaging units are placed into larger cardboard boxes that are sealed with plastic pallet wrap and then placed onto wooden pallets to be transported, the tertiary packaging is the cardboard box, pallet wrap and wooden pallet.

  • Non-household

    Secondary

    This applies to the grouping of several sales units for selling or transport purposes. Businesses may also use secondary packaging to display their goods in shops. For example, if a business places tins of baked beans onto a cardboard tray and place that tray onto a supermarket shelf, the secondary packaging is the cardboard tray.

  • Non-household

    Tertiary

    Also known as transit packaging, this is used to group secondary packaging units together to protect them while being transported or handled through the supply chain. It does not include road, rail, ship and air containers. For example, if secondary packaging units are placed into larger cardboard boxes that are sealed with plastic pallet wrap and then placed onto wooden pallets to be transported, the tertiary packaging is the cardboard box, pallet wrap and wooden pallet.

To find out more about the different types of packaging, click here.

EPR

Who is obligated?

EPR will apply to all obligated UK organisations that import or supply packaging based on whether they’re a small or large producer.

 

A company is obligated as a large producer if they:

Are a producer or seller of over 50 tonnes of packaging and have a UK turnover of over £2 million (or part of a UK group that meets those thresholds).

A company may be a small producer if they:

Are a producer or seller of over 25 tonnes of packaging and/or have a UK turnover of over £1 million.

Any packaging activities and packaging sold to end-users are also considered for both large and small producers. They will fall into at least one of the following categories:

All

  • Brand owner

    Packaged goods labelled with your own brand supplied to the UK market. For products with dual branding, the producer who makes the first supply of the filled packaging is obligated.
  • Packer/filler

    A UK company that puts goods into packaging for which there is no obligated brand owner.
  • Importer

    A UK company responsible for directly importing filled packaging into the UK or the first person who takes ownership.
  • Distributor

    A UK company manufacturing or importing empty packaging and supplying it where a large producer does not ultimately use it.
  • Online marketplace

    An operator of an internet-based sales platform which facilitates the supply of goods to UK-based consumers by non-UK businesses through the platform *please note that owning a website or app that sells goods from UK businesses only does not fall under the online marketplace category*.
  • Service provider

    A UK company that hires out or lends out reusable packaging to another user.

Why has EPR legislation been introduced?

EPR has been introduced in order to further drive the circularity of packaging by reducing unnecessary and difficult to recycle packaging while increasing overall recycling rates.

Who is responsible for complying with EPR regulations?

  • You will be responsible for paying an EPR fee if you are an individual business, subsidiary or group with a registered UK presence with an annual turnover of £1m or more and you handle over 25 tonnes of obligated packaging in a calendar year.
  • You will also be responsible if you carry out any of the following activities:
    1. Package own-brand products to supply to UK consumers
    2. Use a third party to package and supply own-brand goods to UK consumers
    3. Use unbranded secondary/tertiary (please check above to know the difference between primary, secondary and tertiary packaging) to protect goods during transport so they can be supplied to UK consumers
    4. Supply empty packaging (branded or unbranded) to a business that does not meet the large business threshold (a producer or seller of over 50 tonnes of packaging and has a UK turnover of over £2 million)
    5. Import goods from a brand that does not have a UK presence
    6. Remove packaging from imported goods
    7. Hire or loan out reusable packaging to UK third parties
    8. The owner of an online marketplace facilitating the sale of packaged goods from outside the UK

Does EPR apply to all packaging materials?

  • EPR fees will only apply to household waste. This includes primary (crisp packets, sweet wrappers, yoghurt pots, tins of beans, etc.) and shipment packaging (jiffy bags, mailing bags and envelopes). All packaging must be reported whether it is household or non-household.

What is considered street bin packaging?

  1. Packaging provided to consumers with take-away food or drink, including wraps, boxes, cups, cup-holders, bags and paper.
  2. Packaging on confectionery, where the confectionery weighs less than 230g, including chewing gum packaging and chocolate wrappers.
  3. Packaging on cigarettes, cigars, tobacco, e-cigarettes and vaping refills.
  4. Crisp packets or packaging on other savoury snacks, where the crisps or snacks weigh less than 60g.
  5. Packaging on single portions of food which can be consumed immediately without further preparation, including sausage rolls, sushi, sandwiches, biscuits and individual cakes.
  6. Cartons holding 850ml or less of drink, whose contents can be consumed immediately without dilution.
  7. Pouches containing less than 600ml of drink, whose contents can be consumed immediately without dilution.
  8. Cereal bar packaging.
  9. Single portion yoghurt pots, tubes or pouches.
  10. Single portion ice cream packaging.
  11. Boxes, bags, pouches, buckets or tubs of confectionery containing individually wrapped sweets, chocolates or gum etc where the contents of the sales unit weigh less than 230g.

How often do I need to submit reports?

If you are a large producer, then you need to submit reports twice a year:

  • 1st October to report for January to June
  • 1st April to report for July to December

If you are a small producer, then you must submit reports on an annual basis:

  • 1st April to report for January to December

What happens if a business fails to comply?

The Environment Agency has a range of enforcement options that it may use to address non-compliance with the regulations. These include financial penalties and prosecution.

How can I reduce my business’s packaging waste?

From the 1st January 2025, all household packaging components must be assessed using the Recyclability Assessment Methodology (RAM). This colour codes the packaging components as red, amber or green depending on their recyclability. Red graded packaging components will incur the highest fees as they are the hardest to recycle. Therefore, in order to reduce your EPR fees, it is worth reducing the number of red graded packaging components. Also consider switching packaging materials or reducing the size, thickness and weight of packaging.

Will EPR affect my relationships with suppliers and customers?

EPR is a new legislation that will impact most businesses and it is likely that costs will increase to cover the EPR fees.

What are some eco-friendly alternatives to traditional packaging?

Check out our range of more sustainable packaging and disposables from Catering Supplies here.

Where can I find the latest EPR regulations?

For more advice, click here.

Who can I contact for help with EPR compliance?

Your first point of contact should be your compliance scheme if you are using one. However, if you have any questions specifically for Bidfood, please contact your account manager who will pass your message to the relevant team.

Further legislative support

Are you up to date on the latest legislation affecting the foodservice industry? Find the advice and support you need on recent and upcoming legislation on our dedicated webpage page, including:

  • Natasha's Law
  • Calorie Labelling
  • Deposit Return Scheme
  • Plastic Tax
  • And more!
Find out more
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