Regulation 6 ProducersI1

A producer in respect of a scheme article which meets the conditions set out in paragraph (B1) is the retailer.

The conditions are that—

A producer F2in respect of any other scheme article is—

The operator in respect of an online retail sale is to be regarded as the importer for the purposes of paragraph (1) where a scheme article is being sold—

A producer in respect of a low volume drink product which meets the conditions set out in paragraph (2B) is the person who markets, offers for sale or sells a low volume drink product to a consumer in Scotland (“the low volume drink product retailer”).

The conditions are that—

A producer in respect of any other low volume drink product is—

The operator in respect of an online retail sale is to be regarded as the importer for the purposes of paragraph (2C) where a low volume drink product is being sold—

In this regulation—

• “brand owner” means the person who, in the course of a trade, business, craft or profession, puts a name, trade mark or other distinguishing mark on a scheme article or scheme packaging F4, or, as the case may be, on a low volume drink product or on packaging for that low volume drink product, by which the person is held out to be a manufacturer or the originator of the scheme article F5, or, as the case may be, the low volume drink product, and “branded” is to be construed accordingly,

• “importer” means the person who, in the course of a trade, business, craft or profession, first markets, offers for sale or sells the scheme article F6, or, as the case may be, the low volume drink product, in the United Kingdom.