The transition period for the NSW Container Deposit Scheme ends on December 1, 2019, with the EPA urging retailers to ensure they don't sell non-compliant CDS products after that date.
When the NSW Container Deposit Scheme (CDS) was implemented on December 1, 2017, all first suppliers of beverages into NSW became obligated to register their eligible containers with the scheme. At the same time a transition period was established to minimise disruption to businesses resulting from the introduction of the CDS.
The transition period gives suppliers two years to make the necessary changes to cans, labels and barcodes needed to comply with the Waste Avoidance and Resource Recovery (Container Deposit Scheme) Regulation 2017.
During transition, penalties do not apply to suppliers and retailers who supply registered containers that do not comply with the Regulation.
However, on December 1, 2019, the transition period will end and section 39 of the Act will commence, providing obligations and substantial penalties for retailers who sell eligible beverage containers that do not show the NSW refund marking.
Section 22B of the Regulation requires the refund marking must contain the words below in clear and legible characters: “10c refund at collection depots/points in participating State/Territory of purchase”.
This does not affect beverages/containers that are excluded from the scheme.
How can you prepare?
If you are a beverage retailer in NSW, you should begin preparations for December 1 now.
The EPA suggests talking to suppliers and asking them to demonstrate that their containers are compliant with the NSW legislation.
It also advises reviewing incoming stock to ensure you will be able to sell any non-compliant CDS products before December 1.
If you have excess, non-compliant CDS stock after December 1, there may be temporary solutions that you can adopt, such as affixing a compliant label to a container before it’s put on shelves.
Retailers won’t be penalised for selling non-compliant stock prior to December 1, 2019.
Why is this important?
The EPA notes that labelling plays an important role in helping consumers understand which containers are eligible for refunds at approved collection points. To make it easier for suppliers to comply with the Regulation, the NSW refund marking has been agreed to by with all States and Territories that currently have Container Deposit Schemes.
Displaying the correct refund marking is an important step to encourage consumers to return their containers to approved collection points. Correct refund labelling will help to minimise consumer confusion, maximise the number of eligible containers returned, and reduce the amount of beverage container litter in NSW.
Return and Earn deemed a success
Prior to the introduction of the scheme, beverage containers accounted for the largest proportion of litter by volume in NSW.
According to the EPA the NSW community has embraced the scheme by returning more than 1.8 billion containers since return points opened on December 1, 2017 and helping to reduce the volume of eligible beverage container litter by 44%.
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