The Deposit and Return Scheme for Scotland Amendment Regulations 2023

Amends/Commences: The Deposit and Return Scheme for Scotland Regulations 2020 

Comes into force: 1st March 2024

Jurisdiction: Scotland

The marketing or sale (including through online retail or vending machine sales to a consumer in Scotland) of a low-volume drink product (a drink product with fewer than 5000 units sold per year) will now be prohibited unless the producer is listed or registered with Scottish Environment Protection Agency (SEPA). The seller must also inform the purchaser that the product is not eligible under the return scheme.

Producers must now apply for producer registration before 12th January 2024 or within 28 days of becoming a producer. In subsequent years, applications must be made before 1st March each year. 

SEPA now has 42 days in receipt of an application to either grant or refuse it. The registration takes effect from March 2024, then from 1st April in any subsequent relevant year.

A retailer whose number of sales of eligible scheme items to consumers for consumption on the premises constitutes 90% or more of that retailer’s total number of sales of scheme articles is exempt from operating a return point.

A large retailer must provide a takeback service free of charge to a consumer, subject to certain conditions.

The collection targets are increased to 80% from 2025 and to 90% from 2026.

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