Ask the Collective
The questions independent drinks founders ask most — answered. Distilled from years of community knowledge so the good stuff never disappears in the feed again.
What are the EPR thresholds and exemptions for packaging in the UK?
The UK's Extended Producer Responsibility (EPR) scheme has a **dual threshold exemption**: you must be over **£1m in annual turnover AND produce over 25 tonnes of packaging waste** to be in scope. If you fall below either threshold, you're exempt. - **Threshold detail**: 25 tonnes of packaging waste equates to approximately 41,000 glass bottles at 600g each. This applies at the **manufacturer level**, not the distributor or wholesaler level—so many smaller brands remain exempt even if their products are distributed by larger wholesalers or traded distributors who themselves exceed the threshold. - **Implementation timeline**: A Designated Managing Organisation (DMO) is being appointed in April, with fees becoming volume-based and applying from **27 October** onwards. At that point, all producers, wholesalers, and other supply-chain participants above the exemption threshold must be registered. - **Official guidance**: The government's full guidance is available at gov.uk/guidance/extended-producer-responsibility-for-packaging-who-is-affected-and-what-to-do **Note**: The exemption structure means the threshold is clearer for manufacturers than for other actors in the supply chain (wholesalers, distributors), and members confirmed the manufacturer-level application of the thresholds.
Do Extended Producer Responsibility (EPR) packaging fees apply to small brands below the threshold when their products are sold via distributors above the threshold?
EPR liability is determined by the **manufacturer/producer**, not the distributor or retailer selling the product. - **Liability threshold is producer-based**: If the manufacturer does not qualify as liable for EPR fees (i.e. is below the scale threshold), then no one else in the supply chain becomes liable, regardless of distributor size. - **Producer responsibility principle**: The name "Extended Producer Responsibility" reflects the core rule—it is the producer's responsibility, not the distributor's. This applies whether a small producer sells direct or through a distributor above the threshold. **Caveat**: Members noted at the time of this discussion (December 2024) that the regulations were "wooly and ambiguous" with the January 1st implementation date approaching. While the producer-based interpretation was the working understanding, some members reported hearing contrary views and lacked definitive proof from official guidance. Verification with HMRC or formal legal advice may be prudent given the regulatory uncertainty.
What is Extended Producer Responsibility (EPR) legislation and how does it affect imported drinks products into the UK?
Extended Producer Responsibility requires producers and importers to track and report packaging data. **Reporting thresholds:** You only need to formally report if you have turnover over £1 million and generate 25 tonnes of packaging waste annually (approximately 35,000 glass bottles at 700g each). **For imported products:** If you're importing drinks, you'll need to clarify responsibility with your importer — either you or they may be designated as the responsible party for reporting packaging data. Members noted that communication from HMRC about the Advanced Packaging and Packaging Waste Regulations (APPA) has been limited, and several discovered the requirements through industry bodies like the BDA rather than direct government outreach. Even if below reporting thresholds, importers should still be recording packaging data for compliance purposes.
How does the Scotland Bottle Deposit Scheme work and what should drinks producers do to comply?
The Scottish Deposit Return Scheme (DRS) is widely viewed by members as poorly designed and potentially unworkable. Key concerns raised: **Complexity and enforcement gaps** — Members highlighted a critical flaw: there's no clear mechanism to distinguish where bottles were initially supplied (e.g. England vs. Scotland), making it difficult to prevent cross-border arbitrage (someone buying stock in Carlisle and returning it in Scotland to claim deposits). Without separate bar codes or tracking, enforcement appears impractical. **Industry response** — Several producers are treating it as too bandwidth-intensive to plan around right now. One member reported switching their Scotland supply to **Nitro Cans only** (which fall outside the scheme) to avoid the administrative burden entirely. **Advice sought** — Members recommend attending specialist briefings (e.g. **Johnston Carmichael** hosted a talk on 25 October) to understand obligations, though attendees acknowledged the scheme remains confusing. **Wider sentiment** — There is broad scepticism that the scheme will proceed as planned; members compared it to Brexit-style policy that creates months of planning uncertainty only to be amended or abandoned at the last minute. **Caveat**: The excerpts don't contain detailed compliance requirements, pricing, or a clear operational roadmap. Until the scheme is finalised and clarified by regulators, it's unclear whether full compliance is even practical for multi-region suppliers.
Can we legally fill a larger bottle to a smaller stated volume if the label clearly specifies the actual contents?
Yes, this is legal provided the label clearly states the actual volume (e.g., 70cl) regardless of the physical bottle size. Members confirmed that major spirits brands do this regularly — Del Maguey have used this approach for years in the UK, and US tequila companies commonly fill larger bottles to smaller stated volumes. The key is transparent labelling; as long as the label specifies 70cl, you're compliant with trading standards. In practice, fill-level visibility won't be an issue, especially with ceramic bottles where the interior isn't easily visible.
What are the US beverage container deposit compliance requirements for UK-produced cans, and can the marking be printed on labels instead of etched?
For US exports, beverage container deposit compliance markings can be printed on the can label rather than requiring etching on the aluminium. This requirement became enforceable at state level from May 2024, with distributors able to refuse product or issue fines for non-compliance. Key points members shared: - **Label printing is acceptable** — the deposit compliance wording does not need to be etched into the can itself; printing on the label meets the requirement. - **State-specific deposit amounts** — Connecticut (CT) raised its deposit to 10 cents as of January, so labels must reflect the correct deposit value for each state where product is sold. Outdated labelling showing older deposit amounts creates immediate non-compliance issues. - **PFAS compliance is equally critical** — members emphasised that checking PFAS (per- and polyfluoroalkyl substances) compliance for US distribution is just as important as deposit marking. European suppliers only achieved PFAS-compliant availability at the end of 2023, so verify your canner's compliance status before exporting. Cautions: US bottle bill requirements are state-specific and subject to change (as the CT example shows). Ensure labels are updated whenever deposit amounts change in your target states, and confirm your UK canner understands and supports these compliance requirements.
What do drinks brands need to know about Extended Producer Responsibility (EPR) packaging regulations and compliance in the UK?
EPR legislation is now a mandatory consideration for drinks brands, with significant cost and compliance implications. Here's what members recommend: **Compliance & Administration:** - **Ecosurety** — members use them to handle packaging waste submissions and PRNs (Packaging Recovery Notes). They provide guidance on the regulatory landscape and cost implications. - Monitor packaging regulations and revenue/weight thresholds carefully if your company is fast-growing; non-compliance in even a single year can result in criminal charges, so this is not optional. - Recycled glass content and other material considerations now factor into costs, which can incentivise more sustainable packaging choices. **Key Actions:** - Review the government guidance at gov.uk/guidance/extended-producer-responsibility-for-packaging-who-is-affected-and-what-to-do to understand if and when your brand is affected. - Factor EPR costs into your cost base and financial projections early—these are real, incremental expenses that will grow over time. - Work with a compliance partner (like Ecosurety) rather than handling submissions in-house if you lack expertise. **Caveat:** The regulatory landscape is evolving, so staying informed and planning ahead is critical to avoid penalties and unexpected costs.
Do you need a licence to display recycling symbols on product labels?
You do not need a formal licence to display recycling symbols on your packaging, but there are specific rules governing their use. Members recommend checking the official guidance on proper symbol usage and placement to ensure compliance. - **Recycling Expert** — resource providing detailed rules governing use of recycling logos - **GWP guides** — publishes guidance on recycling symbols on packaging - **NICE** — available to provide advice on packaging compliance queries