Extended Producer Responsibility for packaging support

At Seafish, we’re intent on providing industry with the information it needs to comply with new pieces of legislation - and liaising with government so that it understands the seafood sector’s concerns.

That’s exactly the approach we’re taking with respect to Extended Producer Responsibility for packaging (pEPR), which forms part of the UK Government’s Collections and Packaging Reforms.

An overview of the basics

The purpose of pEPR is to shift packaging waste disposal costs to producers with an annual turnover of £1 million or more, which were responsible for supplying or importing over 25 tonnes of packaging in the last calendar year. It is intended to, in turn, support packaging reduction and recyclability.

Producer fees under pEPR – for packaging disposed of in household or public bins – will be paid to a Scheme Administrator housed within Defra, with the funds then being used to support local authorities.

The introduction of pEPR, alongside the UK government’s wider Collections and Packaging Reforms, is aimed at achieving a more circular economy for packaging.

Defra and the Environment Agency’s overview of the requirements is available via the link below:

Reusable seafood crates in closed loop systems

Since pEPR was introduced, we’ve been listening closely to the seafood sector’s questions about specific packaging supply chains. We’re aware that many seafood businesses bring fish into the UK in reusable tubs, which are continually re-imported and re-exported in a loop system. We’ve established that these tubs do not need accounting for on the returns of UK businesses receiving fish in such packaging.

The environmental regulators’ ‘Agreed Positions’ document is available from the following link:

EPR Regulator Agreed Positions and Technical Interpretations Version 5.

On page 33, it states, ‘Producers will only attract an obligation on packaging which becomes waste in the UK.’ It also states, ‘The importer will not need to report the imported boxes if there is evidence that the same boxes went on to be exported.’

“...these tubs do not need accounting for on the returns of UK businesses...”

So, UK seafood businesses do not need to worry about reusable crates that are used in closed loop systems and not disposed of in UK waste streams.

Seafood businesses that supply directly to consumers and to other businesses

Another situation we’ve been determined to clarify relates to seafood businesses that supply primary packaging both directly to general consumers and directly to other businesses (or public institutions). 

Where a supplier can demonstrate that its primary packaging is being directly supplied to another business or a public institution (that, in either case, is the end user of the packaging), it can utilise the ‘household packaging exemption’. The usual assumption that primary packaging will be disposed of in household or public bins is thereby overridden – and no producer fees are due on the packaging.

We’ve received enquiries, though, about seafood businesses that supply directly to a mixture of general consumers – on the one hand – and other businesses (which are the end users), on the other. It’s been asked whether such seafood businesses can benefit from the household packaging exemption – in relation to primary packaging that’s demonstrably been provided directly to another business or a public institution (which, in either case, is the end user), instead of to general consumers.

We know that differentiation can be achieved through using either bespoke business-to-business packaging or direct-to-consumer packaging; it can also be achieved through the operation of a traceability system (with separate wholesale and domestic tills, for example).

Defra and environmental regulators have provided various worked examples concerning the household packaging exemption; these can be viewed via the following link:

Extended producer responsibility for packaging: how to assess household and non-household packaging

We’ve analysed these in detail and established that the household packaging exemption would apply to packaging that’s demonstrably supplied directly to another business or a public institution that’s the end user – regardless of the producer also supplying general consumers.

“we’ve...established that the household packaging exemption would apply to packaging that’s demonstrably supplied to another business...that’s the end user...”

UK seafood businesses that supply packaging to a mixture of general consumers and other businesses stand to benefit from this, if they can demonstrate which packaging is going where.

Next steps

We’re continuing to work closely with Defra and the environmental regulators to bottom out other packaging supply chain scenarios that affect the UK seafood industry – and how pEPR interacts with these. We have also been connecting seafood businesses to government directly, so that they can feed back sector-specific concerns – and liaise about potential resolutions to these.

We will continue to update industry with the answers they require.

For more information about our work on pEPR, please contact Jack Simpson: