If, at the time a plant was placed in a pot to be grown, it was also intended that the pot should be used when the plant was sold, then the pot was deemed to be packaging and was subject to the rules with regard to packaging recycling obligations. The pots into which the plants were finally transplanted were expected to be discarded by customers. The primary purpose was not for the growth of the plants, but was used as ‘packaging conceived so as to constitute a sales unit’ The original purpose was only one element of all the circumstances which the court should look at.
Judges:
The Lord Chief Justice Of England And Wales, And Mr Justice Newman
Citations:
Times 16-Feb-2001, [2001] EWHC Admin 58, [2001] EWHC Admin 587
Links:
Statutes:
Producer Responsibility Obligations (Packaging Waste) Regulations 1997 (S.I. 1997 No. 648), Council Directive 94/62/EC on Packaging and Packaging Waste
Environment, Agriculture, European
Updated: 29 May 2022; Ref: scu.140269
