The Scottish Government has published proposed amendments to the Scottish Deposit Return Scheme (https://www.legislation.gov.uk/sdsi/2023/9780111057476).  These regulations change the rules for retailers who trade online, putting a specific obligation on the largest retailers.

The Scottish Retail Consortium has repeatedly warned that compelling retailers to deliver an online takeback model will lead to retailers considering withdrawing from the Scottish market. Retailers are unable to use their own vehicles to collect containers due to food safety risks, therefore the scheme would require these retailers to build new infrastructure, purchase new bespoke vehicles, and reconfigure their online retail operations to deliver these obligations. This would be incredibly expensive, would significantly increase carbon emissions through new journeys, and would require very significant time to develop and deliver.  As a result those retailers obliged under these rules are likely to explore whether it’s more cost effective to cease some or all of their online sales in Scotland as they will not be able to comply with these requirements.

In a preliminary response, Ewan MacDonald-Russell, Deputy Head of the Scottish Retail Consortium, said:

“Scottish Ministers seem prepared to risk ending online drink sales in Scotland with their unworkable, unsustainable, and undeliverable ultimatum in the amended deposit return scheme regulations. Grocery retailers have insisted for months on end they cannot deliver an online takeback solution in time for the new go-live date whilst explaining the only way this can be delivered is through a centralised model. Regrettably those valid concerns appear to have been ignored.

“It is not economically, environmentally, or legally sustainable for retailers to collect empty drinks containers from customer’s homes using their own vehicles. In the absence of a centralised solution, larger retailers will now need to take very serious decisions about whether it’s possible to continue selling drinks online in Scotland, as they currently do, after March next year. Ironically, these proposals will make life harder for vulnerable consumers who may now lose the opportunity to have drinks delivered directly to their home.

“Rather than continuing to try to compel businesses to deliver the impossible, Scottish Ministers should be prioritising resolving the litany of unanswered issues, questions, and concerns which are the reason the scheme is in such distress. Instead, these new regulations make delivering Scotland’s deposit return scheme successfully next March even less likely.”