31 January 2023 • 5 minute read
Environment, Health, Safety and Product Compliance: January round-up
- EPR: DEFRA has released further guidance as to the application of the draft Packaging Waste (Data Reporting) (England) Regulations to allow organisations to better understand their potential collection and reporting obligations taking effect in 2023. Extended Producer Responsibility is set to be an area of significant legislative change in 2023 and onwards for large businesses handling 25 tonnes + of packaging waste.
- Single Use Plastics: DEFRA is set to prohibit the supply of various single use plastics in England which is likely to include plastic plates, cutlery and expanded / extruded polystyrene food and drink containers which appear to be broadly in line with the prohibitions in place in Scotland and those scheduled to take effect in Wales. Legislation on single-use plastics and re-useability is set to be another key area for 2023.
- Enforcement/Significant Fines: 2022 saw a significant number of muliti-million pound fines for health and safety, food safety and environmental (EHS) offences as well as a proliferation of individual prosecutions. With the proposed introduction of £250m civil penalties and the EA stating that it wants to see “higher fines” and “prison sentences for Chief Executives and Board Members”, 2023 may see another year of significant enforcement for large corporates and its officers involved in breaches of EHS law.
- Product Safety: The OPSS has published guidance on a Product Risk Assessment Methodology to provide GB authorities with what is said to be an enhanced version of EU RAPEX. Whilst directed at authorities, this will be the “go to” tool for UK businesses considering decisions in relation to product recall and notification. Significant product safety/liability reform continues to take place (at pace) at both an EU and UK level.
- EU Revocation Bill: We are now in the same calendar year as the proposed sunsetting of EU-derived law. Various industry bodies, regulators and unions have expressed strong opposition to this process and it remains to be seen what impact (if any) there will be on the regulatory landscape.
- Fire/Building Safety: The Fire Safety Act 2021 and the Fire Safety (England) Regulations 2022 will significantly change the regulatory landscape for those involved in the ownership, management and operation of occupied buildings. We can also expect the publication of Building Safety regulations to support the implementation of a more robust building control regime under the Building Safety Act 2022.
- Single Justice Procedure: Prosecutors can as of January 2023 deal with more minor corporate criminal offences (e.g. some transport offences) without the need to go to court.
- Single use plastics: DEFRA has published the full consultation and draft regulations on the prohibition on supply of single use plastics (SUP) from October 2023. The prohibited items include SUP plates, trays, bowls (though not those used in packaging in shelf ready prepacked food items), cutlery, balloon sticks, and extruded/expanded polystyrene cups and food containers. Non-compliance may result in civil sanctions potentially and criminal prosecutions (and unlimited fines).
- Significant H&S/Enviro fines: A civil engineering firm has been fined nearly £4.5m (a fine just shy of the highest ever penalty under the new sentencing regime) following a HSE prosecution after staff working on a motorway struck overhead powerlines and caused cables to land in the path of vehicles in two separate incidents. A large water company has also been fined over £500,000 for an offence under the Environmental Permitting Regulations 2016 following a discharge of sewage which arose due to electrical failures and failures in its early warning system. In the early weeks of 2023, it is evident that enforcement will centre around significant failures by large corporates and we are likely to see an increase in the financial penalties handed down.
- Mandatory labelling: The government is to consider reforms to mandatory labelling in 2023, including plans to make it clear to consumers if animal meat is halal or kosher with an intention to make it easier for consumers to “purchase products aligned with their values”.
- Changes to alcohol legislation: The government will proceed with changes to UK food legislation including retained EU food law to allow for the UK-New Zealand FTA to enter into force in Spring 2023. The changes are set to include: provisions allowing wine products to show alcoholic strength to one decimal place (currently permissible only in whole/half units); a requirement that named grape varieties in wine blends must total at least 95% of the wines' volume and allowing the term ‘alc/vol’ to appear directly after the alcohol content figure displayed on the label.
- A food business has received a near million pound fine following a HSE investigation / prosecution established that the company had significant failures in relation to risk assessment and segregation/workplace transport following a fatal accident at one of its sites.
- A director has been given a suspended prison sentence following a Police/HSE investigation revealed that inexperienced workers were operating under unsafe conditions and without appropriate safeguards.
- The Competitions and Markets Authority (CMA) has announced that it will examine ‘green’ claims on fast-moving consumer goods (FMCG) in order to consider whether companies are complying with UK consumer protection law.
- DEFRA has published a consultation response setting out new plans to introduce a deposit return scheme (DRS) for single-use drinks containers from October 2025. The new scheme would involve placing ‘reverse vending machines’ at designated sites for people to return drinks containers and receive cashback.