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Defra warned that firms risk ‘falling foul’ of ‘chaotic’ EPR

The Foodservice Packaging Association (FPA) has called on Defra to roll out an “immediate and intensive” information campaign for businesses impacted by extended producer responsibility (EPR) for packaging.

Defra EPR
While payments to local authorities have been delayed, producers are still required to report data according to the original timeline (Picture: Shutterstock)

The FPA is the trade association for the foodservice packaging industry, representing manufacturers of containers, bags and cups used to package prepared food and drinks. Its members include Huhtamaki, Stora Enso and Vegware.

During a recent FPA webinar, the association said it was “clear that businesses are worried about the requirements and risk inadvertently falling on the wrong side of the law and incurring fines”.

Martin Kersh, director of the FPA, said: “If our members are confused at these chaotic, late guidelines, then there must be thousands of businesses who are at best confused but at worst completely unaware of these burdensome regulations.

“Defra must step up and implement a comprehensive information campaign immediately to prevent companies from not complying for the simple reason they didn’t know about it.”

Data

Defra EPR
Martin Kersh, director of the FPA

Defra has been updating its EPR guidance page regulations, outlining that producers will be liable for payments from 2024.

A recent statutory instrument legislated that businesses will need to start collecting data in preparation for this from 2023.

Businesses turning over more than £1 million a year and placing more than 25 tonnes of packaging on the market will need to keep detailed records by material, UK nation and whether the material has a propensity to be disposed of in litter bins, the FPA said.

It added that as “many as 600 data points will be involved to meet this requirement, which is likely to be legal required by the end of February.”

We have to ask why our industry is in this situation

  • Martin Kersh, FPA

In a statement, the FPA explained that Louisa Goodfellow, from producer compliance scheme Ecosurety, who led the webinar, fielded many questions from members where the answer was that the guidelines are unclear or that they do not carry the required detail.

Mr Kersh added: “We have to ask why our industry is in this situation, having to scramble around to get ready on time to deal with what is a massive administration requirement.

“Defra’s communication department needs to step up and avoid a repeat of the plastic packaging tax, where the sign-up is a fraction of that predicted by HMRC.”

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