§ Mr. GibbTo ask the Secretary of State for the Environment, Transport and the Regions if plastic plant pots are considered to be packaging for the purposes of the Producer Responsibility Obligation (Packaging Waste) Regulations 1997. [157603]
Mr. Robert AinsworthA recent High Court ruling confirmed the interpretation of the Producer Responsibility Obligations (Packaging Waste) Regulations 1997 (as amended) that has been taken since the Regulations came into force in 1997. Where an empty plant pot is brought as a retail product, it is not packaging. Where a plant is bought in a pot and will be kept in the pot throughout its life, or where a pot is made of biodegradable material and will be planted in the garden with the plant, the pot is not regarded as packaging. However, where plants are bought in a plant pot or a seed or bedding tray and will be transplanted to the garden, such pots are packaging. This is because these pots are used to keep the plants in good condition throughout the sales process until replanting and contain the plants for the ease and convenience of the purchaser in handling and transporting them. As such, each pot constitutes a 'sales' unit at the time of purchase.