Packaging waste—enforcement and offences
Packaging waste—enforcement and offences

The following Environment practice note provides comprehensive and up to date legal information covering:

  • Packaging waste—enforcement and offences
  • PERR 2015
  • Enforcement
  • Offences and penalties
  • Defence of due diligence
  • Liability of those other than main offender
  • Enforcing authorities’ powers under the Consumer Protection Act 1987 (CPA 1987)
  • Regulators' code
  • PRO(PW)R 2007
  • Enforcement
  • More...

Packaging waste—enforcement and offences

Packaging waste offences and penalties are set out in the Packaging (Essential Requirement) Regulations 2015 (PERR 2015), SI 2015/1640 and the Producer Responsibility Obligations (Packaging Waste) Regulations 2007 (PRO(PW)R 2007), SI 2007/871.

For more information on the PERR 2015, see Practice Note: Packaging design and use—the essential requirements.

For more information on producer responsibility obligations in the PRO(PW)R 2007, see Practice Note: Packaging waste—producer responsibility obligations, which also contains details of developments affecting the packaging waste regime.

PERR 2015

PERR 2015, SI 2015/1640, regs 7–11 and Sch 4 cover enforcement, offences, penalties and defences for breaches of PERR 2015.

Enforcement

The PERR 2015 are enforced by the weights and measures authorities—the trading standards departments of local authorities, in England and Wales.

Offences and penalties

The following criminal offences and penalties are set out in PERR 2015:

  1. contravening or failing to comply with the essential requirements or heavy metal limits (set out in PERR 2015, SI 2015/1640 regs 4–5) is punishable by a fine on summary conviction at the magistrates' court or an unlimited fine on indictment in the Crown Court. Where the offence was committed before 12 March 2015, the magistrates' court fine is set at £5,000. Where the offence was committed on or after 12 March 2015, the magistrates' court has the power to impose an unlimited fine following the introduction of LASPO 2012, s 85(1)

  2. failing to

Related documents:

Popular documents