About Extended Producer Responsibility (EPR)
Section 18 and EPR: What you need to know
What is Section 18 and EPR?
Extended Producer Responsibility (EPR) is a waste management strategy for the sustainable organisation and financing of specific waste streams. In South Africa, EPR used to be voluntary, but since the Section 18 regulations of the National Environmental Management: Waste Act (NEMWA) came into effect in 2021, it has become mandatory. Producers are required to take full responsibility for the products they place onto the market, including their post-consumer collection, sorting and recycling.
Essentially, EPR schemes tie producers into financing and organising management systems for packaging waste. Implementing an EPR system enhances the interactions between stakeholders, assigning new responsibilities to each. The Section 18 regulations provide the framework for the development, implementation, monitoring and evaluation of EPR schemes by producers. The system allows companies to engage with the issue of waste on a level playing field, because it is based on shared responsibility. Companies that decide to play an active role in the system from the outset can influence how the system operates and contribute to the goal of EPR, which is to achieve a circular economy and address waste management issues.
The Section 18 regulations provide the framework for the development, implementation, monitoring and evaluation of EPR schemes by producers.
EPR is mandatory
It is mandatory for producers to register online with Department of Forestry, Fisheries and Environment (DFFE) and ensure that all identified products are covered by an appropriate EPR scheme.Â
Obligated producers can either join an existing Producer Responsibility Organisation (PRO) such as Petco, develop and submit an independent EPR scheme for their packaging or form a new PRO.
Petco is registered with DFFE as a PRO in terms of the Extended Producer Responsibility Regulations, National Environmental Management: Waste Act (NEMWA).
NEMWA and the National Waste Management Strategy
The National Environmental Management: Waste Act (NEMWA) of 2008 provides a comprehensive framework for the management of waste. It emphasises waste minimisation, recycling and the responsible disposal of waste to protect public health and the environment.
NEMWA establishes a system of waste management plans, licencing requirements for waste activities, and the establishment of the Waste Management Bureau to coordinate and regulate waste-related matters at both national and provincial levels. The Act encourages the implementation of EPR programmes to hold producers accountable for the waste generated from their products. Overall, NEMWA seeks to achieve sustainable waste management practices and promote a circular economy in South Africa.
The National Waste Management Strategy (NWMS) is a legislative requirement of NEMWA, and its goal is to provide a comprehensive and integrated framework for the management of waste in the country.
What is the definition of a producer?
Petco’s view is that, for packaging, the Producer should be either the Brand Owner of products using the packaging, the Retailer in the case of house brands, or the Importer of goods contained in packaging.
In terms of Section 18 regulations of the National Environmental Management: Waste Act (NEMWA) as read with the Packaging Notice, a producer is any person or category of persons, including a brand owner, who is engaged in the commercial manufacture, conversion, refurbishment (where applicable) or import of new or used identified products. In the packaging sector, the definition applies to a producer who places more than 10 tonnes of identified products onto the market on an annual basis, and extends to:
- the paper, packaging and single use product manufacturer, converter and/or the brand owner where the brand owner operates an enterprise in South Africa;
- the licensed agent of the branded goods, or where no official agency agreement may be in place, the importer of the branded goods as depicted on the Bill of Lading, in the instance where the brand owner is not domiciled in South Africa; and
- in case of all other identified products not covered (i) and (ii) the producer shall be the Retailer.
What are identified products?
The DFFE has categorised a list of identified packaging materials for which Petco administers EPR schemes. The products for which we currently administer EPR schemes are:
Identified products | DFFE category of identified products |
|---|---|
PET beverage bottles | PET beverage bottles |
PET bottles – home and personal care | Single use products – PET |
PET bottles – edible oil | Plastic PET oil bottles |
PET bottles and jars – food | Single use products – PET |
Thermoform PET | Plastic PET thermoformed |
PET shrink sleeves | PET flexibles |
PET strapping (closed loop) | PET flexibles |
BOPP labels | Polyolefin flexibles |
HDPE and PP closures | Polyolefin rigids |
Liquid board packaging | Liquid board packaging |
Join Petco
We take Extended Producer Responsibility on behalf of our members on a collective basis, helping them to meet legislated and corporate targets. We go beyond policy, creating real value and leading the way to a circular economy.