Glasgow food manufacturer fined for failing to comply with Packaging Waste regulations

date08 March 2016

A Glasgow food manufacturer was fined £8,600 at Glasgow Sheriff Court yesterday (7 March) for failing to comply with regulations designed to reduce the impact of packaging and packaging waste on the environment. The company has also paid £28,538 as a Confiscation Order under the Proceeds of Crime Act.

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Walter Black Foods Limited of Drumhead Road, Cambuslang Investment Park, Glasgow, pled guilty to failing to register in accordance with the regulations, failing to take reasonable steps to recover and recycle packaging waste and failing to provide a certificate of compliance in respect of recovery and recycling obligations.

The matter was investigated by the Scottish Environment Protection Agency (SEPA) and reported to the Procurator Fiscal.

The Producer Responsibility Obligations (Packaging Waste) Regulations are intended to prevent or reduce the impact of packaging and packaging waste on the environment by encouraging minimisation and reuse, and by setting recovery and recycling targets. The Directive, which the Regulations implemented, aims to increase the amount of packaging waste that is recovered and recycled rather than being disposed of as waste to landfill.

Companies must:

  • register with SEPA or join an approved compliance scheme;
  • recover and recycle an amount and types of packaging waste based on the amounts and types of waste handled by them;
  • submit information on the packaging handled by them, together with evidence of their recovery and recycling of the packaging waste, to SEPA.

In October 2013 SEPA discovered that Walter Black Foods Limited had been de-registered from the compliance scheme they had been a member of. The regulations state that if a company’s membership of a scheme is discontinued, an application for registration must be made to the appropriate Agency (in this case SEPA) within 28 days. No such application had been received by SEPA.

Despite warning letters from SEPA, the company did not make suitable arrangements. As a result it was not registered for 2013 and did not complete the requirements listed above.

Bernard Gaffney, SEPA’s investigating officer, said:

Walter Black Foods Limited has been registered as a producer since 2004, so should have been well aware what their responsibilities were. In addition, when the scheme de-registered them they were sent a letter explaining that they should contact SEPA, but never did.

“Producers obligated under the regulations are responsible for meeting the UK business targets, through funding the recovery/recycling of their share of packaging placed onto the UK market. If producers don’t register, the amount of packaging which counts towards meeting the UK business targets decreases, but the tonnage of packaging flowing into the UK waste stream is the same. As a result registered producers have their share of responsibility inflated and may have to pay for the recycling/recovery of additional tonnages to cover any shortfall left by those who fail to register.”

Ends

 

Notes to editor

 

  • On 7 April 2013 at 3 Drumhead Road, Cambuslang Investment Park, Glasgow, G32 8EX, and at Angus Smith Building, Maxim 6, Parklands Avenue, Eurocentral, Lanarkshire, you being a producer during a relevant year within the meaning of the aftermentioned Regulations, did fail to register in accordance with Regulation 6 to said Regulations: CONTRARY to The Producer Responsibility Obligations (Packaging Waste) Regulations 2007, Regulations 4 (4) (a) and 40 (1) (a), and the Environment Act 1995, Section 93.

 

  • Between 1 January 2013 and 31 December 2013 at 3 Drumhead Road, Cambuslang Investment Park, Glasgow G32 8EX you being a producer in a relevant year within the meaning of the aftermentioned Regulations, did fail to recover and recycle packaging waste in relation to the classes of producer to which you belong namely packer/filler and seller in accordance with Schedule 2 to said Regulations, in that you did fail to recover and recycle any packaging waste in accordance with the aftermentioned Regulations, when you had producer responsibility obligations to recover by recycling 482 tonnes of packaging waste, of which 24 tonnes had to be paper, 421 tonnes had to be glass (266 tonnes of which had to be recycled by re-melt), 19 tonnes had to be steel and 18 tonnes had to be plastic; CONTRARY to The Producer Responsibility Obligations (Packaging Waste) Regulations 2007, Regulations 4(4)(b)(i) and 40(1)(b), and the Environment Act 1995, Section 93.

 

  • On 31 January 2014 at 3 Drumhead Road, Cambuslang Investment Park, Glasgow G32 8EX and Angus Smith Building, Maxim 6, Parklands Avenue, Eurocentral, Lanarkshire youbeing a producer during a relevant year in respect of the aftermentioned Regulations, did fail to furnish a certificate of compliance in respect of recovery and recycling obligations in accordance with Regulation 21 of said Regulations; CONTRARY to The Producer Responsibility Obligations (Packaging Waste) Regulations 2007, Regulations 4(4)(c) and 40(1)(c), and the Environment Act 1995, Section 93.