{
  "url": "https://openlegislation.uk/producer-responsibility-obligations-packaging-and-packaging-waste-regulations-2024/regulation-34",
  "json_url": "https://openlegislation.uk/producer-responsibility-obligations-packaging-and-packaging-waste-regulations-2024/regulation-34.json",
  "legislation": "uksi/2024/1332",
  "legislation_title": "The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024",
  "legislation_url": "https://openlegislation.uk/producer-responsibility-obligations-packaging-and-packaging-waste-regulations-2024",
  "path": "regulation/34",
  "kind": "regulation",
  "number": "34",
  "heading": "Record keeping obligations",
  "text": "(1) A producer (“P”) of a class specified in the first column of Table 1 must, in relation to the packaging specified in the corresponding entry in the second column, collect the data specified in the paragraphs of Schedule 4 listed in the corresponding entry in—\n(a) the third column, if P is a large producer; or\n(b) the fourth column, if P is a small producer.\nTable 1\nData to be collected by large and small producers\nClass of producer\nPackaging in relation to which data collection obligation applies\nDescriptions of data to be collected by a large producer (references are to paragraph numbers in Schedule 4)\nDescriptions of data to be collected by a small producer (references are to paragraph numbers in Schedule 4)\nBrand owner\nPackaging for which P is a producer by virtue of regulation 16.\n2, 3, 5, 6, 7, 9, 10, 12, 13\n2, 5, 7\nPacker/filler\nPackaging for which P is a producer by virtue of regulation 17.\n2, 3, 5, 6, 7, 9, 10, 12, 13\n2, 5, 7\nImporter or first UK owner\nPackaging for which P is a producer by virtue of regulation 18.\n2, 3, 5, 6, 7, 9, 10, 11, 12, 13\n2, 5, 7, 11\nDistributor\nPackaging for which P is a producer by virtue of regulation 19.\n2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13\n2, 5, 7, 11\nOnline marketplace operator\nPackaging for which P is a producer by virtue of regulation 20.\n2, 3, 4, 8, 11, 12, 13\n2, 3, 4, 11\nService provider\nPackaging for which P is a producer by virtue of regulation 21.\n2, 3, 5, 6, 7, 9, 10 ,11, 12, 13\n2, 5, 7, 11\nSeller\nPackaging for which P is a producer by virtue of regulation 22.\n11, ... 13, 14\n11, 14\n(2) A producer must keep—\n(a) any data which the producer is required to collect under paragraph (1), and\n(b) any evidence which the producer is required by paragraph 1(3) of Schedule 4 to be able to provide in relation to that data,\nfor at least 7 years after the end of the reporting period to which the data relate.\n(3) If P is a large producer who is a brand owner, packer/filler, importer or first UK owner, distributor, online marketplace operator or service provider, P must—\n(a) retain evidence—\n(i) of the amount of relevant packaging waste which P has collected from consumers and sent for recycling as referred to in regulation 62(2), and reported on under paragraph 12(1) of Schedule 4;\n(ii) that the relevant packaging waste referred to in paragraph (i) has been recycled; and\n(aa) retain evidence—\n(i) of the amount of closed loop packaging waste which P has collected from consumers, and reported on under paragraph 12(2) of Schedule 4;\n(ii) that the packaging waste satisfies all the elements of the definition of “closed loop packaging waste” in paragraph (5A);\n(iii) that the packaging waste has been recycled into food grade plastic materials or articles;\n(b) keep evidence retained under sub-paragraphs (a) and (aa) for at least 7 years after the activity to which the evidence relates.\n(4) In paragraph (3)(a), “relevant packaging waste” means—\n(a) reusable packaging which has been used at least once and has become waste; or\n(b) any other packaging waste which is collected from households for recycling by less than 75% of the relevant authorities in the United Kingdom responsible for waste collection,\nbut not including closed loop packaging waste and, subject to regulation 136(2), not including drink containers made from any material other than glass.\n(5) If P is a liable producer for the purposes of Part 5, P must retain records of recyclability assessments carried out in accordance with regulation 25(3) for at least 7 years after the record is made.\n(5A) In this regulation—\n“closed loop packaging waste” means household packaging waste which meets all the following conditions—\n(a)the waste is food grade plastic household packaging which has become waste;\n(b)that household packaging has been—\n(i)supplied by a producer as filled packaging on or after 1st January 2024; and\n(ii)included by that producer in an amount of household packaging which, in a report under these Regulations or the 2023 Data Regulations, the producer reported to the appropriate agency that it supplied in a reporting period;\n(c)the waste is—\n(i)collected directly from a consumer by or on behalf of the producer who supplied the packaging, and\n(ii)sent by or on behalf of that producer for recycling,\nwithout being mixed with any materials other than household packaging waste from packaging which meets the conditions in paragraphs (a) and (b) and was supplied by the same producer;\n(d)the waste is sent by that producer for recycling by a single reprocessor at one or more reprocessing sites or overseas reprocessing sites (where the recycling may be in addition to other recycling carried out by that reprocessor);\n“food grade”, in relation to plastic materials or articles, means plastic materials or articles which—\n(a)are intended to come into contact with food; and\n(b)meet the requirements for being placed on the market in—\n(i)Article 4(a), (c), (d) and (e) of Commission Regulation (EU) No 10/2011; and\n(ii)Article 3 of Commission Regulation (EU) No 282/2008, if the materials or articles are recycled.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Word in reg. 34(1) Table 1 omitted (1.1.2026) by virtue of The Producer Responsibility Obligations (Packaging and Packaging Waste) (Amendment) Regulations 2025 (S.I. 2025/1369), regs. 1(2), 6(4)(a) (with Sch. 4)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Reg. 34(2) substituted (1.1.2026) by The Producer Responsibility Obligations (Packaging and Packaging Waste) (Amendment) Regulations 2025 (S.I. 2025/1369), regs. 1(2), 6(4)(b) (with Sch. 4)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in reg. 34(3)(a)(i) substituted (1.1.2026) by The Producer Responsibility Obligations (Packaging and Packaging Waste) (Amendment) Regulations 2025 (S.I. 2025/1369), regs. 1(2), 6(4)(c)(i) (with Sch. 4)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Reg. 34(3)(aa) inserted (1.1.2026) by The Producer Responsibility Obligations (Packaging and Packaging Waste) (Amendment) Regulations 2025 (S.I. 2025/1369), regs. 1(2), 6(4)(c)(ii) (with Sch. 4)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in reg. 34(3)(b) substituted (1.1.2026) by The Producer Responsibility Obligations (Packaging and Packaging Waste) (Amendment) Regulations 2025 (S.I. 2025/1369), regs. 1(2), 6(4)(c)(iii) (with Sch. 4)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in reg. 34(4) inserted (1.1.2026) by The Producer Responsibility Obligations (Packaging and Packaging Waste) (Amendment) Regulations 2025 (S.I. 2025/1369), regs. 1(2), 6(4)(d) (with Sch. 4)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Reg. 34(5A) inserted (1.1.2026) by The Producer Responsibility Obligations (Packaging and Packaging Waste) (Amendment) Regulations 2025 (S.I. 2025/1369), regs. 1(2), 6(4)(e) (with Sch. 4)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 34 in force at 1.1.2025, see reg. 1(2)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2024/1332/regulation/34",
    "retrieved_at": "2026-10-28T21:22:40.326092+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}