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If you are a large organisation that is required to report packaging under extended producer responsibility (EPR), you will need to assess whether your packaging is household packaging or non-household packaging. 聽

This guidance explains how to assess household and non-household packaging, and what evidence you must collect and keep if you鈥檙e reporting any primary or shipment packaging as non-household packaging.

This is joint guidance issued by the Environment Agency, Natural Resources Wales, Northern Ireland Environment Agency and the Scottish Environment Protection Agency, and will be updated from time to time.

What counts as household and non-household packaging

You must class the following as non-household:聽

• secondary packaging聽
• tertiary packaging聽

You must class the following packaging as household unless it meets specific conditions:

• primary packaging聽
• shipment packaging

When you can class primary and shipment packaging as non-household

In the following circumstances, you can class primary or shipment packaging as non-household packaging:聽

• you supply it to a business or public institution which is the end user of the packaging, or that supplies goods to an end user with all of the packaging removed
• you supply packaging for a product designed only for use by a business or a public institution, and the packaging is not reasonably likely to be disposed of in a household bin or a public bin
• you are an importer and import packaging into the UK which you discard without supplying it to anyone in the UK

If you determine that you supply household packaging, you should then assess whether the packaging meets the requirements of packaging that commonly ends up in public bins.

Packaging supplied directly to a business or public institution end user

If you supply primary or shipment packaging to a business or public institution that is the end user of the packaging, you may report this as non-household where you can provide sufficient evidence that the business or public institution does not supply the packaging to anyone else.听

Within EPR, the following are considered to be public institutions:

• a school, university or other educational establishment
• a hospital or the practice of a general medical practitioner or dentist
• a nursing home or other residential home
• a government department
• a relevant authority
• a court
• a person appointed by or under any enactment to discharge public functions
• a charity or other not-for-profit body
• a penal institution

Example of packaging supplied directly to a business or public institution聽

A producer supplies food ingredients to a restaurant that disposes of the packaging before serving the food to its customers.

The restaurant is a business and does not supply the packaging onwards. If the producer can provide satisfactory evidence of this, the packaging can be classified as non-household packaging.听

Packaging not supplied directly to a business or public institution end user

If you have supplied primary or shipment packaging to a business or public institution but they are not the end user, for example the packaging was supplied to a wholesaler who will supply this packaging onwards, you may be able to classify it as non-household packaging if the packaging is both:聽

• for a product designed for use by a business or a public institution only聽
• not likely to be disposed of in a household or public bin聽

Packaging for a product designed for use by a business or public institution only

You must assess the design, specification, attributes and functions of the product variant specific to the end user to decide whether it is designed only for use by a business or a public institution.

When making this determination, factors may include:

• durability, construction and material specification
• size, weight, quantity and volume
• where relevant, the power supply and voltage
• whether the supply, use or disposal of the product is subject to any restrictions imposed by or under primary or secondary legislation, e.g. legal requirement for a professional, qualified or authorised person to exclusively use the product
• whether use of a product requires specialist business or industrial equipment and knowledge
• how available a product is to consumers - if a product is designed to be supplied through distribution channels only available to businesses or public institutions this could support your assessment that the packaging is non-household

The assessment should only consider the product鈥檚 normal intended use and user. Where in exceptional circumstances, a householder buys a product designed for business or public institution use only, this does not mean that the packaging is not designed for business or public institution use only. This should be assessed on a case-by-case basis as to whether it is reasonably foreseeable consumer behaviour.

Packaging around electrical and electronic equipment (EEE) that is classified as business to business (B2B) meets the requirements of being packaging for a product that is designed only for use by a business or public institution - if the packaging is also not likely to be disposed of in a household or public bin and this this evidenced, it may be reported as non-household. Read the guidance on how to correctly identify business to consumer (B2B) EEE and WEEE for more information. 聽

For unfilled packaging used for a product that is designed for business or public institution use only, the supplier of that packaging must retain satisfactory evidence that the packaging is or will be used for that purpose.

Example: packaging for a product used by households and non-households聽聽

Packaging for printers designed for both household and non-household use, that are not supplied directly to a business or public institution end user, must be reported as household packaging.听

If specific models are designed only for non-household use and this is satisfactorily evidenced, the packaging may be reported as non-household packaging if the packaging is also not reasonably likely to be disposed of in a household or public bin. 聽

Packaging not reasonably likely to be disposed of in a household or public bin

To show that packaging is not reasonably likely to be disposed of in a household or public bin, packaging must be assessed by considering the following:

• the size of the packaging - does it fit (when broken down) in the standard household recycling bin, which is approximately 240l capacity (107cm height x 58cm width x 74cm depth)?
• the weight of the packaging - does it exceed a common weight lift limit for household waste collection trucks which is 30kg per bin?
• is the disposal of the packaging subject to any restrictions imposed by or under primary or secondary legislation? 聽
• how available is the packaging to consumers? If a product is only supplied through distribution channels available to businesses or public institutions this could support your assessment that the packaging is non-household
• what are the circumstances in which the packaging will be removed from the product? Is it reasonably likely to be disposed of in a business or public institution bin?

Example: packaging not likely to be disposed of in a public bin聽

An organisation supplies intravenous chemotherapy medication to a hospital. It is reasonably foreseeable such products will only be used by hospital staff on hospital premises.

The end user of the packaging is the hospital and as such it is reasonably likely that the packaging will be disposed of in a hospital bin, not a household or public bin.

How to show that packaging is non-household

Below are examples of evidence you may need to retain and provide to the regulator upon request to support your assessment.听聽

They are a guide only.听More than one piece or type of evidence may be needed to support your assessment, and whether your evidence is sufficient or not will depend on the particular circumstances in relation to the packaging in question.听 聽

The environmental regulators will evaluate whether your evidence is sufficient to demonstrate your assessment that the packaging is non-household.

Types of evidence for packaging supplied directly to a business or public institution

You can report packaging you supply directly to a business or public institution as non-household if you have evidence they are the end user. This means they will not supply the packaging onto anyone else. Examples of acceptable evidence are provided in this guidance.

Examples of types of evidence for packaging supplied directly to a business or public institution are at the end of this guide.

Evidence could include:

• legally binding agreements prohibiting the onward supply of packaging (see example 1)
• customer sales records clearly demonstrating that all packaging is removed prior to the onward supply of goods (see examples 2 and 3)
• customer policy documentation that prohibits the onward supply of packaging, which is supported by producer led compliance inspection reports (see example 4)
• signed customer declarations confirming that packaging is not supplied to others, which are supported by producer led compliance inspection reports (see example 5)
• where packaging is supplied to a business (or public institution) and it is clear that the business will use or consume the product itself, details of your customers and the nature of their business activities, alongside a customer declaration (see example 6)

The examples above do not constitute an exhaustive list of acceptable evidence. In some instances, more than one type of evidence may be required depending on the circumstances.

Evidence for products that are designed for business or public institution use only

Products that are designed for business or public institution use only are often of a specialist nature, so that the final user can usually only be a business or public institution - for example, specialist cleaning fluid for heavy duty industrial equipment. 聽

Sometimes products will be specifically designed for a particular business or public institution, such as company uniforms bearing the business or public institution鈥檚 logo.听聽

Your evidence could include:聽

• product specification that indicates a specialist, commercial or industrial use only聽
• Material Safety Data Sheet that indicates a specialist or commercial or industrial use only聽
• invoices (with VAT numbers to evidence business accounts)聽
• contracts with customers with conditions that require any onward supply is to business customers only聽聽
• details of businesses that stock your products聽
• labelled products for specialist, commercial or industrial use only - this would be supportive but would require documents similar to the above to corroborate as labelling alone is not sufficient evidence

Evidence for packaging not reasonably likely to be disposed of in a household or public bin

Your evidence that packaging is not reasonably likely to be disposed of in a household or public bin could include: 聽

• packaging specification displaying size and weight聽
• details of businesses that stock your products 聽
• customer contracts that demonstrate that your products must not be supplied to non-business consumers

Examples of household and non-household packaging

The following are examples of how to assess household and non-household packaging.

Example 1: bespoke machinery parts supplied with packaging

A UK manufacturer produces bespoke machine parts for factory machinery. The parts are packed by the manufacturer. The manufacturer supplies the parts to an intermediary supply company that specialises in procuring machinery products for its clients. When the supply company receives the products from the UK manufacturer, it then supplies them to its factory customers.

This packaging was not a direct supply from the UK manufacturer to the supply company鈥檚 client (the end user factory). However, due to the fact that the products are designed only for use for factory machinery, it is clear that it is for business use only, and because it is not reasonably likely that the packaging will be disposed of in a household bin or public bin because it is likely to be disposed of at the factory, the primary and shipment packaging on the parts may be classed as non-household.听

Examples 2 and 3: products designed for use for both businesses and households聽

An office-based business purchases standard office chairs for their employees from an office furniture wholesaler. The same chairs are widely available from several stores including those retailing to the public. The chairs are unpacked and distributed to the office-based business employees for office use. The packaging around the chairs was not a direct supply from the manufacturer to the business (office-based business) final end user. The chairs are not a product that is designed only for use by a business or a public institution because they are readily available to both businesses and the public, therefore the primary and shipment packaging on the chairs must be reported as household.听

Packaged sandwiches are supplied through a wholesaler to a hospital for a staff canteen. Although the sandwiches are supplied to a public institution, the public institution is not the end user of the packaging. The sandwiches are not designed for business or public institution use only, therefore the packaging must be reported as household packaging.听

Example 4: supply of industrial coffee machine

A UK manufacturer produces large industrial coffee machines intended for use by the catering industry, which are exclusively sold via a wholesaler that supplies both businesses and the general public. As the manufacturer supplies via a third party, it does not supply directly to a business or public institution end user. Although the coffee machines are available to both businesses and the general public, they are designed and intended for industrial use, so it is designed for use by a business or public institution only. The packaging that protects the industrial coffee machine is reasonably likely to be disposed of in a business or public institution bin, as this is the intended user of this specialist business product. The packaging can be classified as non-household packaging, provided the producer has the necessary evidence. Where a non-business consumer purchases a coffee machine designed and intended for commercial use only, it鈥檚 an exceptional circumstance and not ordinary consumer behaviour that is reasonably foreseeable. 聽

Example 5: fast-food packaging聽

A fast-food chain sells packaged food to the public, 20% of their orders are for dine in consumers and 80% for takeaway. For the 20% dine in customers, the packaging is collected by the fast-food chain.

As the consumer is the final user of the packaging not a business and the food product is not designed for business use only, all of the primary packaging, used by both the dine in and takeaway customers must be reported as household packaging.听

Example 6: supplying primary schools with PVA glue聽

A manufacturer produces 3,000 1 l bottles of PVA glue. 1,000 are sold directly to several primary schools, 1,000 are sold in their in-house craft shop open to the public, and 1,000 are sold to a wholesaler who then sells 500 to businesses and 500 to the public.

1,000 are sold directly to several primary schools. If evidenced, this packaging can be reported as non-household, because it has been supplied directly to a public institution as the end user.听

1,000 are sold in their in-house craft shop open to the public. This packaging must be reported as household, because it has not been supplied directly to a business or public institution final end user, nor is it designed only for use by a business or public institution and not reasonably likely to be disposed of in a household or public bin.

1,000 are sold to a wholesaler who then sells:

• 500 to businesses - this must be reported as household as it is not a direct supply to a business end user and the PVA glue is not designed only for use by a business or public institution聽
• 500 to the public - this must be reported as household as it is not a direct supply to a business final end user and the PVA glue is not designed only for use by a business or public institution聽

Example 7: supply of regulated products聽

A chemical manufacturer supplies chemicals which are regulated products restricted for possession or use by the general public under the Poisons Act 1972 these products carry a warning label clearly indicating that it is an offence for members of the general public to acquire, possess or use the substance in question without a licence.

Such products are designed only for use by authorised businesses or public institutions. As they are only accessible to these types of organisations, it is reasonably likely that the packaging will be discarded in a business or public institution bin. The packaging can therefore be classified as non-household packaging, irrespective of whether a supply is direct or indirect.听

Example 8: products supplied in multiple sizes聽

A jam factory supplies its product in 3 sizes (each with its own stock keeping units, or SKU code); a 350g jar, a 500g jar and a 20kg metal drum.听The 350g and 500g products are openly available to the public and businesses to buy. The 20kg metal drums are labelled for business use only and only available via trade accounts. These are 3 separate products and whether their packaging is household or not must be assessed separately.

The 350g and 500g jars are sold to businesses and the public and therefore these jam products are not designed for business use only. They must therefore be classified as household packaging, unless the jam manufacturer can evidence that the products are supplied directly to a business end user.

The 20kg drums of jam are designed for business or public institution use only based on their size, labelling and distribution channels, therefore the drums are not reasonably likely to be disposed of in a household or public bin and so the packaging may be reported as non-household.听

Example 9: wholesale products supplied to healthcare 聽

A UK manufacturer of healthcare products supplies a UK wholesaler with its branded products. The UK wholesaler supplies these products to the following customers:聽

• NHS or GP practice that is the end user of the products
• NHS or GP practice that provides products to patients for use at home
• NHS hospital pharmacy that fulfils prescriptions for patients who will use them at home
• community pharmacies supplying products to household customers聽
• community pharmacies where they are the end users of products, for example vaccinations administered at the pharmacy (used in healthcare settings)
• community pharmacies where they supply products to nursing homes and community care workers (the use depends on the product)

All of the packaging supplied will be classified as household, unless these are healthcare products that can only be administered in a professional setting.

Examples of types of evidence for packaging supplied directly to a business or public institution

Example 1

A producer supplies bottles of tonic water to a hotel chain. The sales contract stipulates that the hotel chain must not supply the glass bottle to its guests and that the shampoo must be dispensed via a wall-mounted dispenser. As the hotel decants the shampoo and disposes of the packaging, the producer is supplying the packaging to a business end user, and it can be classified as non-household packaging provided the producer can evidence this that is acceptable to the regulator. Acceptable evidence could include copies of legally binding sales contracts or agreements that expressly prohibit the onward supply of the packaging.

Example 2

A producer supplies bottles of wine to a restaurant. The restaurant decants the wine, which it only sells to its customers by the glass. The wine bottles are decanted by the restaurant and the opened bottle of wine is not supplied to the customer. This means that the restaurant is the final user of the packaging. If the producer can supply evidence that is acceptable to the regulator that the restaurant is the end user, the packaging can be classified as non-household. Acceptable evidence could include sales data from the restaurant that clearly demonstrates that wine is only sold by the glass.

Example 3

A producer supplies hair products to a salon. The salon uses 75% of the hair products on its customers in the salon. The salon also sells 25% of the products to its customers for use at home. As the salon is a business, the packaging associated with the 75% of products that are used instore can be classified as non-household packaging provided the producer can provide clear evidence that is acceptable to the regulator that the salon was the final user of the packaging. Acceptable evidence could include the salon鈥檚 sales data that clearly demonstrates that only 25% of the hair products were sold to its customers for use at home.

Example 4

A producer supplies beverages in glass bottles to a children鈥檚 indoor soft-play business. The soft-play business has a company policy that stipulates that glass bottles must not be supplied to customers on health and safety grounds. The soft-play business therefore decants the beverages into cups for consumption by its customers. The soft-play business is the end user of the glass bottles. If the producer can evidence this to the satisfaction of the regulator, the packaging can be classified as non-household. Acceptable evidence could include a copy of the customer鈥檚 company policy alongside evidence that the producer performs compliance checks to confirm adherence to the policy by its customer. This may take the form of a compliance inspection/mystery shopper reports.

Example 5

A producer supplies car parts to a vehicle repair garage. The garage uses the car parts to repair customer vehicles on site. The garage also has an on-site shop, but the shop does not sell the producer鈥檚 products. As the garage is a business, the packaging on the car parts can be classified as non-household packaging, provided the producer can evidence that the garage is the final user of the packaging that is acceptable to the regulator. Acceptable evidence could include a signed customer declaration, alongside evidence that the producer performs compliance checks to confirm that the packaging is not supplied to the garage鈥檚 customers. This may take the form of a compliance inspection/mystery shopper reports.

Example 6

A producer supplies spices to a restaurant for use in the preparation of their meals. The restaurant does not supply packaged ingredients to its customers, it only uses the ingredients to make meals for its customers. The packaging is not supplied onwards by the restaurant. As such the producer can classify the packaging as non-household if it can evidence this to the satisfaction of the regulator. Acceptable evidence could include a list of the producer鈥檚 customers and the nature of their business activities in conjunction with a signed customer declaration.