Extended Producer Responsibility Scheme for Paper, Packaging and Some Single Use Products, 2020

1. Definitions

In this Notice any word or expression to which a meaning has been assigned in the Act and in the Extended Producer Responsibility Regulations, 2020, bears that meaning, and unless the context indicates otherwise—"biodegradable products" mean products that degrade by biological activity, resulting in a specific change in the chemical structure of the material. Degradation can occur under aerobic or anaerobic conditions. The end products are gas (carbon dioxide or methane), water, biomass and mineral components;[definition of "biodegradable products", previously "biodegradable plastics", substituted by section 16(a) of Government Notice 400 of 2021]"brand owner" means a person, category of persons or company who makes and/or sells any identified product under a brand label;[definition of "brand owner" substituted by section 16(b) of Government Notice 400 of 2021]"compostable products" mean a group of biodegradable products that break down in an aerobic composting process through the action of naturally occurring microorganisms and do so to a high extent within a specified timeframe. The biological processes yield carbon dioxide, water, inorganic compounds and biomass, leaving no visible contaminants or toxic residues;[definition of "compostable products", previously "compostable plastics", substituted by section 16(b) of Government Notice 400 of 2021]"extended producer responsibility" means that a producer's responsibility for an identified product is extended to the post-consumer stage of an identified product's life cycle;[definition of "extended producer responsibility" substituted by section 16(b) of Government Notice 400 of 2021]"importer" means a person or category of persons that brings identified products or items that contain identified products into the country from abroad and including but not limited to the one that first places them into the market for sale;[definition of "importer" substituted by section 16(b) of Government Notice 400 of 2021]"packaging" means any material, container or wrapping or corrugated cases, used for the containment, transport, handling, protection, promotion, marketing or sale of any product or substance, which may be primary packaging, containing the actual product or secondary packaging or tertiary packaging, typically containing products already packaged in primary packaging, but excludes—(a)shipping containers used solely for the transportation of any consumer commodity in bulk to manufacturers, packers, or processors, or to wholesale or retail distributors thereof;(b)packaging made of timber and textile; and(c)plastic pallets and industrial bulk containers with a capacity exceeding 1000 litres;"paper" means any substance made from wood pulp, rags, straw, or other fibrous material used for writing, printing, or as a wrapping material;"post-consumer material" means material generated by households or by commercial, industrial and institutional facilities in their role as end-users of the product which can no longer be used for its intended purpose. This includes returns of material from the distribution chain;[definition of "post-consumer material" inserted by section 16(d) of Government Notice 400 of 2021]"pre-consumer materials" means materials diverted from the waste stream during a manufacturing process, excluding materials, such as rework, regrind or scrap generated in a process, capable of being reclaimed within the same process that generated them and which are reutilized;[definition of "pre-consumer materials" inserted by section 16(d) of Government Notice 400 of 2021]"producer" means the entity, person or category of persons identified by the Regulations as being responsible for extended producer responsibility in terms of Section 18. Producers who place in excess of 10 tonnes of identified products onto the market on an annual basis, responsible for extended producer responsibility under the regulations shall be identified subject to the following criteria:(a)In the case where branded goods, either are identified products or are sold accompanied by or within identified products and the registered owner of the brand operates an enterprise, domiciled in South Africa, that makes and/or sells such goods, the producer shall be the paper, packaging and single use product manufacturer, converter and/or the brand owner.(b)In the case where branded goods, either are identified products or are sold accompanied by or within identified products and the registered owner of the brand does not operate or have a controlling interest in an enterprise domiciled in South Africa, that makes and or/sells such goods, the Producer shall be either—(i)the licensed agent of the branded goods, or(ii)where no official agency agreement may be in place, the importer of the branded goods as depicted on the Bill of Lading;(c)In the case of all other identified products not covered by subparagraphs (i) and (ii) the producer shall be the Retailer;[definition of "producer" substituted by section 16(b) of Government Notice 400 of 2021]"recycled content" means the proportion, by mass, of post-consumer recycled material in a product or packaging excluding any pre-consumer waste;[definition of "recycled content" inserted by section 16(e) of Government Notice 400 of 2021]"recyclate" means post-consumer waste or material used for recycling purposes;"single-use products" means items/materials designed to be commonly used for products or packaging and include items intended to be used only once before they are thrown away or recycled and could be made from any material;[definition of "single-use products", previously "single-use plastics" substituted by section 16(c) of Government Notice 400 of 2021]"the Act" means the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008); and"the Regulations" means the Extended Producer Responsibility Regulations, 2020, issued under section 69(1)(b), (g), (i), (l), (o), (dd) and (ee) of the Act.

2. Purpose of the Notice

3.

This Notice applies to the following identified products at the end of their life—

4. The identification of a product or class of products to which extended producer responsibility applies

5. Identification of the person or category of persons responsible for developing and implementing an extended producer responsibility scheme

Producers of the items listed in paragraph 4 of this Notice will be responsible for developing and implementing an extended producer responsibility scheme.

6. Responsibilities of producers

7.

The targets for each identified waste stream for the products as contained in Annexure 1 to this Notice apply for a period of 5 years from the date of the implementation of the extended producer responsibility scheme.[section 7 substituted by section 16(k) of Government Notice 400 of 2021]

8.

This Notice comes into effect on 5 May 2021.[section 8 added by section 7(1)(b) of Government Notice 20 of 2021]