Deposit and Return Scheme for Scotland Regulations 2020
What this means for your business
- Enforced by
- Food Standards Scotland
- Applies to
- United Kingdom
- On this page
- 17 compliance obligations
What you must do
17 compliance obligations under this legislation.
Management duties 8
Charge deposits and provide required labeling/info when selling articles in Scotland
If you market, offer for sale or sell any product in Scotland you must either charge a deposit (for scheme articles) and show the deposit amount on the shelf, or, for non‑scheme articles from 1 Oct 2027, tell the buyer that no deposit can be claimed. You also have to make sure the correct scheme logos and return codes appear on scheme items and are omitted from low‑volume drink products.
Meet annual collection targets for deposit‑return packaging
If you run a deposit‑return scheme in Scotland you must collect at least 70% of the items first placed on the market in 2028, 80% in 2029 and 90% from 2030 onward. From 2030 you also need to collect at least 85% of PET plastic items and 85% of steel/aluminium items. The percentages are calculated each calendar year.
Only sell low‑volume drinks from registered producers and give required consumer notice
If you sell a low‑volume drink in Scotland, you must first check that the drink’s producer is a registered producer under the scheme. From 1 October 2027 you also have to tell the buyer at the point of sale that the drink is not covered by the deposit‑return scheme and that its packaging cannot be returned for a deposit.
Only sell scheme articles that meet definition and have a registered producer
If you market, offer for sale or sell a product that falls under Scotland’s deposit‑return scheme, you must make sure the product meets all parts of the scheme’s definition and that the producer is registered. The law also spells out who is treated as the seller – the online operator, the vending‑machine owner, or the premises manager.
Provide deposit redemption info and operate return points where required
If you sell a deposit‑protected product in Scotland, you must clearly tell customers how they can get their deposit back. Grocery retailers also need to have a physical return point on the premises unless they qualify for one of the listed exemptions, and they must register that return point with the scheme administrator.
Retain scheme packaging for collection
If you run a hospitality business (e.g., a pub, café or restaurant) that sells drinks or other items covered by the Deposit and Return Scheme, you must keep the empty packaging (bottles, cans, etc.) that customers bring back. The packaging has to be held until the scheme administrator comes to collect it for recycling.
Run a takeback service in line with the Scotland Deposit‑Return Scheme
If you want to collect used packaging from customers and pay them back their deposit, you must first register as a takeback service provider and keep that registration up‑to‑date. You also need to pay the deposit back to customers for qualifying items and hold the collected packaging for the scheme administrator to pick up.
Run the deposit‑return scheme and report to the authorities each year
If your business is approved as a scheme administrator for Scotland’s deposit‑return scheme, you must follow the approved operational plan, meet the collection targets set out in the regulations, and send an annual report to Scottish Ministers and SEPA showing how you have complied. The report has to be filed as soon as reasonably possible and no later than six weeks after the end of the reporting year.
Payments and fees 3
Collect and pay for returned scheme packaging
If you run the Deposit and Return Scheme for Scotland, you must collect all the scheme packaging that return‑point operators, hospitality retailers and take‑back providers bring to you and then pay each of them back the deposit for every item they hand over. The payments must be made on the intervals and in the manner set out in your approved operational plan.
Pay registration fees and deposits to the scheme administrator
If your business is a registered producer under the Deposit and Return Scheme for Scotland, you must pay the registration fee set by the scheme administrator and a deposit amount for each product you market, offer for sale or sell in Scotland. These payments must be made on the dates, intervals and by the method the scheme administrator tells you to use.
Pay SEPA reasonable enforcement costs
If your business is the scheme administrator for the deposit‑and‑return scheme, you must reimburse the Scottish Environment Protection Agency (SEPA) for the reasonable costs SEPA incurs when enforcing the scheme. The payment is made as requested by SEPA, in the manner and at the intervals agreed.
Offences and prohibitions 1
Contravene listed deposit‑return regulations
Unlimited fineIf you deliberately break any of the specific regulations listed in paragraph 1 (for example, regulation 3A(1) or 5(3F)), you commit a criminal offence. On conviction you face a fine – unlimited on indictment – and the case can be tried either in the Magistrates’ Court or the Crown Court.
Registration and licensing 3
Apply for registration as a producer
If your business places products covered by Scotland’s Deposit and Return Scheme, you must register as a producer. Submit a written application to the scheme administrator with the information set out in Schedule 1 (and any extra details they ask for). You must do this before 1 October 2027, or within 28 days of becoming a producer if that happens after the cut‑off date.
Apply for registration as a return point operator and keep details up‑to‑date
If your business sells groceries you must apply to the Deposit and Return Scheme to become a registered return point operator. Submit a written application with the required information by the deadline (before 1 Oct 2027 if you’re already a groceries retailer, or within 28 days of becoming one). After you’re registered, tell the scheme administrator of any material changes to the information you gave within 28 days.
Register and keep details up‑to‑date for a voluntary return point
If you want to run a deposit‑return collection point at a location that is not already required by the Scottish scheme, you must first register with the scheme administrator and provide the information they ask for. Once registered you must follow the scheme’s rules and tell the administrator of any material change to your details within 28 days.
Reporting and filing 2
Provide and retain required information for the Deposit‑Return Scheme
If your company is a registered producer under Scotland’s Deposit‑Return Scheme, you must keep detailed records of the products you put on the market (including numbers, packaging material, sizes and multipack details) for at least seven years. You also have to tell the scheme administrator within 28 days of any material change or if you stop producing, and supply any information they reasonably request.
Provide returns data to producers and SEPA
If your business runs a deposit‑return scheme in Scotland, you must give the data on how many items have been returned and the deposits paid to each registered producer, following the schedule set out in your operational plan. You also have to share the same returns data with SEPA.
Penalties for non-compliance
1 penalty under this legislation. 1 carry an unlimited fine.
Contravene listed deposit‑return regulations
Unlimited fine
Practical guidance
Our guides explain how to comply with the requirements above.
Sections and provisions
47 classified provisions from this legislation.
Duties 17
- Schedule 3 Collection targets
- s.4 Sale of articles
- s.5 Obligations relating to charging deposits and marketing, offering for sale or selling articles
- s.7 Application for registration of a producer
- s.10 Producer obligations: general
- s.11 Producer obligations: further provision amounts referred
- s.16 Obligations of a scheme administrator
- s.19 Retailer obligations A retailer
- s.21 Takeback services
- s.25 Voluntary return point operators
- s.32 Duty to review these Regulations
- Application for registration of a groceries retail Application for registration of a groceries retailer as return point operator
- Collection etc. of scheme packaging and returnable Collection etc. of scheme packaging and returnable packaging from return point operators, hospitality retailers and takeback service providers and connected payment
- Enforcement authority costs Enforcement authority costs
- Hospitality retailers Hospitality retailers
- Information about returns data Information about returns data
- Low volume drink products Low volume drink products