Managing controlled waste - code of practice consultation on duty of care: SG response

Section 2: Your Obligations as a Waste Producer:

Are you content with the clarity of this section and how it has changed from the current Code?

We received 22 responses to this question. 14 respondents answered ‘Yes’, 6 respondents answered ‘No’, 1 respondent answered ‘Don’t Know’.

Most respondents expressed that they were content with the clarity of the section, and considered it an improvement on the current Code. In particular, respondents highlighted the clearer structure and step-based formatting, and greater clarity around responsibilities and expectations.

Suggested changes to this section included:

• Signposting of practical examples where duties overlap between various roles such as waste producers, collectors, and managers, to provide greater operational clarity.
• Stating explicitly that waste collectors are expected to offer separate collections for key recyclable materials wherever practicable.
• Making clear when single material separation by collectors is mandatory and when comingling is permissible.
• Including Waste Upholstered Domestic Seating (WUDS) which contain Persistent Organic Pollutants (POPs) under the heading “Are there any other particular waste types I need to know about?”.
• Stating clearly the need to ensure that materials are accepted by the final off taker.
• Greater clarity on how plastic films are collected.
• Clarification on the definitions of ‘plastic film’ and ‘film packaging’.
• Clarity on how vending operators should apply the updated Code.
• Acknowledgement of the specific challenges associated with clinical waste streams, and interpretation for regulated healthcare environments.
• The inclusion of a simplified, step-by-step approach to ensure the Code can be read by those with a range of technical understanding.
• That the section include sector-specific guidance to reflect the practical implications on the agricultural business.
• Explicit recognition of fly-tipping as a systemic issue, with enforcement and support mechanisms targeted at non-compliant producers.

Government response:

The Code of Practice is set out to provide guidance to waste producers, waste collectors and operators of a waste management facility separately, recognising that this is the most common division between responsibilities. However, we have made clear in the introduction that a person may have some or all of these roles and is required to read the section or sections that apply to them. An explicit requirement that glass metal, plastic, including plastic film, paper and card (including cardboard) are presented and collected separately from other waste is set out in the relevant sections. There is also an existing section to clarify what is meant by “separate collection”.

In response to consultation feedback and additional engagement with the sector subsequent to the consultation, a definition of plastic film is now provided in the glossary and referenced throughout the document. This definition aligns with Part 4 of Schedule 1 of the The Separation of Waste (England) Regulations 2024. Plastic materials not within scope of this definition, such as non-packaging farm plastics, are not required to be separated and collected for recycling. However, wider duties of care still apply to this material, and it may still be collected for recycling at the discretion of waste collectors and operators of waste facilities.

Addition has been made to advise that whilst waste producers must take all reasonable steps to avoid contamination, material that is heavily contaminated or contaminated by hazardous substances, such as clinical waste, should not be presented for recycling. This applies across all dry recycling types. A definition of clinical waste is provided in the glossary and further information on the scope of healthcare waste is published in SEPA Guidance on the storage and treatment of healthcare waste.

The updated Code also now clarifies that waste collectors may require from their customers that plastic film and flexible packaging is presented for collection in a different container or contained within a designated bag with other dry recycling.

Reference to SEPA’s Guidance on the management of Waste Upholstered Domestic Seating (WUDS) containing Persistent Organic Pollutants (POPs) has been added to the document.

Are you content with the implementation of the requirement for businesses to present plastic films recyclables for collection through the draft code?

We received 22 responses to this question. 10 respondents answered ‘Yes, 9 answered ‘No’, and 2 answered ‘Don’t Know’.

Many respondents expressed their support for the policy intent of expanding recyclable materials to include plastic films, and the impact this would have on achieving circular economy and net zero objectives. Respondents sought greater clarity on the scope, timelines and practicalities of the policy, in particular a clearer definition of ‘plastic films’.

However, feedback highlighted challenges and costs associated with implementation of the requirement. This included the need to account for costings published in “The future of recycling flexible plastic packaging in the “UK FlexCollect Project Final report and blueprint” (“the FlexCollect report”). Responses highlighted that separation of plastic films at material recovery facilities (MRFs) will present challenges in terms of equipment and resources to facilitate the sorting, and implications for existing contracts for the supply of plastic which does not include film. Concerns were raised about the potential impact on existing recycling streams due to contamination, as well as the impact of colour on recyclability, as black, dark tinted or heavily dyed films present challenges for sorting technologies. Finally, concerns were raised about the availability of reprocessing infrastructure in Scotland and across the UK, including whether there is sufficient demand for recycled outputs.

Some respondents raised specific queries about scope, including whether plastic films and flexible plastics generated within healthcare environments fall within the scope of the requirements, whether food vending operators fall under the definition of a ‘food business’, and differentiation between commercial and agricultural plastic.

Government response:

The introduction of collections of plastic film for recycling from businesses and households by 31 March 2027 is a four-nation commitment, introduced under packaging extended producer responsibility reforms. Plastic film (including flexible packaging) comprises around a third of plastic packaging placed on the market each year, but only ~7% is currently collected for recycling. This means that a substantial quantity of plastic enters the residual waste system. Requiring the collection of plastic film for recycling is intended to increase the overall recycling rate and the availability of domestically recycled plastic.

Three consultations were conducted on the proposals between 2019 and 2023^[1],[2],[3]. The commitment was confirmed in the four-nations government response, published in 2022^[4]. Implementation of the UK-wide commitment is taken forward separately in each nation, rather than through a UK-wide statutory instrument. Legislation to require plastic film recycling for households and businesses from 31 March 2027 has already been introduced in England through The Separation of Waste (England) Regulations 2024.

The updated Code implements requirements for the separate collection of plastic film as dry recyclable waste from businesses in Scotland and related requirements for waste management operators.

Consultation feedback on the potential logistical challenges and associated costs, particularly for waste management operators and material recycling facilities, has been considered and is reflected in updates to the Code and impact assessments. In particular, we highlight the potential for higher costs associated with the collection and sorting of plastic films, including higher gate fees, in line with the findings of the FlexCollect report. A discussion of updated cost estimates is included in the Addendum to the Business and Regulatory Impact Assessment (BRIA), noting that some aspects of implementation are commercial matters for businesses and waste operators and dependent on wider policy and market factors.

The Code is underpinned by a consideration of ‘reasonableness’. Duties related to recycling require, for example, that all reasonable steps are taken to ensure that waste is managed in a manner that promotes high quality recycling. This would take into account the availability of commercially viable recycling markets for a particular grade of material, or the significant variability of gate fees among other factors. This, in turn, would be supported by SEPA’s pragmatic and proportionate approach to enforcement.

We will continue to keep business impacts under close consideration as implementation of plastic collection requirements progresses. This should recognise the familiarisation requirements for non-household municipal businesses and waste operators, account for changes to contractual arrangements, and allow for roll-out of collection, sorting and reprocessing infrastructure in Scotland and across the UK. Monitoring of implementation will take place on a four-nation basis, recognising the UK-wide nature of this policy proposal, and in conjunction with SEPA as environmental regulator for Scotland.

We have made further changes to the Code to reflect consultation response suggestions, including clarifications for clinical waste, providing a definition of plastic film, and clarifying that waste collectors may require from their customers that plastic film and flexible packaging is presented for collection in a different container or contained within a designated bag with other dry recycling.

Section 3: Your Obligations as a Waste Collector:

Are you content with the clarity of this section and how it has changed from the current Code?

We received 18 responses to this question, of which 11 respondents answered ‘Yes’, 5 answered ‘No’, and 1 answered ‘Don’t Know’.

The majority of respondents expressed that this section was clear and an improvement on the previous Code. Respondents highlighted that the inclusion of explanations of “reasonable steps” and requirements for maintaining separation during collection were helpful.

Suggested changes to this section included:

• Greater acknowledgement of the operational realities for local authorities delivering statutory household services alongside commercial services.
• Greater precision on the expectations on waste collectors in relation to the separation of materials, including when single stream material collection is mandatory and when comingling is possible.
• That the Code should articulate enforceable standards and obligations, including for collectors to advise producers where recyclables have not been segregated, and corrective actions.
• Greater clarity on how plastic films will be collected, including mandating separate collection to other dry recyclables.
• The inclusion of Waste Upholstered Domestic Seating (WUDS) and Persistent Organic Pollutants (POPs).
• Examples relevant to internal healthcare collection systems.

Government response:

An express requirement that glass, metal, plastic, including plastic film, paper and card (including cardboard) are presented and collected separately is set out in the relevant sections. There is also a section to clarify what is meant by “separate collection”. The updated Code also now clarifies that waste collectors may require from their customers that plastic film and flexible packaging is presented for collection in a different container or contained within a designated bag with other dry recycling.

We have updated the Code to include a definition of plastic films, and included WUDS and POPs on the list of waste types. We have made further changes to the wording of this section based on consultation response suggestions.

Are you content with the implementation of the requirement for requirement for waste collectors to take all reasonable steps to collect and carry plastic films recyclables through the draft code?

We received 18 responses to this question, of which 7 respondents answered ‘Yes’, 6 answered ‘No’, and 3 answered ‘Don’t Know’.

Several respondents expressed support for the policy in principle but raised concerns about how new requirements would be implemented, as in Section 2. These included contractual implications that prevent the addition of plastic films in collections within the timeframe, risk of contamination, limited recycling facilities in some locations, including rural and island areas, and a lack of capacity for plastics reprocessing. Costs were also highlighted, including the additional costs incurred through the collection of plastic films, including gate fees, the cost of bins and sacks, signage, marketing and engagement, review of fleet and collection crews and routes, administrative costs to change contracts.

Government response:

The introduction of collection of plastic film for recycling from businesses and households from 31 March 2027 is a four-nation commitment, introduced under packaging extended producer responsibility reforms. The policy has been subject to three consultations and was confirmed in 2022. Updated evidence relating to the implementation and cost of requiring plastic film collections is discussed in the Addendum to the BRIA (see also response to Section 2, above).

We will continue to keep business impacts under close consideration as implementation of plastic collection requirements progresses. This should recognise the familiarisation requirements for non-household municipal businesses and waste operators, account for changes to contractual arrangements, and allow for roll-out of collection, sorting and reprocessing infrastructure in Scotland and across the UK. Monitoring of implementation will take place on a four-nation basis, recognising the UK-wide nature of this policy proposal, and in conjunction with SEPA as environmental regulator for Scotland.

We have made further changes to the Code to reflect consultation response suggestions, including providing a definition of plastic film and clarifying that waste collectors may require from their customers that plastic film and flexible packaging is presented for collection in a different container or contained within a designated bag with other dry recycling.

The Code introduces requirements for the collection of plastic film for recycling from businesses and commercial premises only. The Scottish Government has committed to introduce plastic film collections from households from 31 March 2027, but this commitment will be implemented through the household recycling Code of Practice. A co-design process is currently underway to develop the statutory household recycling Code of Practice with local authorities and other stakeholders. The updated household recycling Code of Practice is due to be consulted upon by the end of 2026 and will be introduced on a statutory basis following consultation.