Extended producer responsibility for packaging: how to assess household and non-household packaging
How to assess household and non-household packaging from 2024 onwards if you’re a UK organisation affected by extended producer responsibility (EPR) for packaging.
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.
This guidance explains how to assess household and non-household packaging, and what evidence you must collect and keep if you’re reporting any primary or shipment packaging as non-household packaging.
These rules are for data you collect and submit from 2024 onwards. For data from 2023, follow the guidance in what to collect for extended producer responsibility.
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:
- secondary packaging
- tertiary packaging
You must class the following packaging as household unless it meets specific conditions:
- primary packaging
- 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:
- you supply it to a business or public institution which is either the end user of the goods contained in the packaging, or an organisation that supplies the 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
You need to be able to show sufficient evidence for this. If you cannot, you must class this packaging as household. You must keep this evidence for at least 7 years.
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.
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.
If you supply primary or shipment packaging to a business or public institution that supplies it on to someone else, with any packaging included, you must report this as household packaging unless the packaging meets the additional requirements for packaging not supplied directly to a business or public institution end user.
Example of packaging supplied directly to a business or public institution
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.
There are more examples at the end of this guide.
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:
- for a product designed for use by a business or a public institution only
- not likely to be disposed of in a household or public bin.
If primary or shipment packaging meets one of the conditions but not both, it must be reported as household packaging.
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
- ability to use the product without 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
Packaging on products available to both households and businesses and public institutions must be reported as household packaging unless the packaging is supplied directly to a business or public institution who is the final user of the packaging and can be satisfactorily evidenced.
The assessment should only consider the product’s 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.
Primary and shipment packaging on products that are designed for both businesses and public institutions, and household consumers, cannot meet the requirement that it is designed only for use by a business or a public institution. If the packaging is supplied directly to a business or public institution who is the final user of the packaging, and this can be satisfactorily evidenced, the packaging can be classified as non-household.
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.
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
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.
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.
There are more examples at the end of this guide.
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?
- 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
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.
There are more examples at the end of this guide.
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.
They are a guide only. 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.
The environmental regulators will evaluate whether your evidence is sufficient to demonstrate your assessment that the packaging is non-household.
Evidence for packaging supplied directly to a business or public institution
Where products are part of a direct supply arrangement, for example, an organisation may supply a product as part of a service agreement.
In this case, your evidence could include:
- service contracts
- stock replenishment reports
You may use customer confirmations as a source of evidence to supplement other evidence. A customer confirmation could help to demonstrate that your direct business customer is the end user of the primary and shipment packaging, or they do not supply it on to anybody else.
You could use customer confirmations if you aren’t able to provide any of the evidence listed. This needs to be product specific.
This evidence could include:
- supply contracts
- written confirmations that your customer is the end user may be useful
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.
Sometimes products will be specifically designed for a particular business or public institution, such as company uniforms bearing the business or public institution’s logo.
Your evidence could include:
- product specification that indicates a specialist, commercial or industrial use only
- Material Safety Data Sheet that indicates a specialist or commercial or industrial use only
- invoices (with VAT numbers to evidence business accounts)
- contracts with customers with conditions that require any onward supply is to business customers only.
- details of businesses that stock your products
- labelled products for specialist, commercial or industrial use only - this would be supportive but would require documents similar to the above to corroborate
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:
- packaging specification displaying size and weight
- details of businesses that stock your products
- 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’s 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.
Examples 2 and 3: products designed for use for both businesses and households
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.
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.
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’s an exceptional circumstance and not ordinary consumer behaviour that is reasonably foreseeable.
Example 5: fast-food packaging
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.
Example 6: supplying primary schools with PVA glue
A manufacturer produces 3,000 250 ml 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.
1000 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.
1000 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
- 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
Example 7: supply of regulated products
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.
Example 8: products supplied in multiple sizes
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. 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.
Example 9: wholesale products supplied to healthcare
A UK manufacturer of healthcare products supplies a UK wholesaler with its branded products. The UK wholesaler supplies these products to the following customers:
- 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
- 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.