Waste management company Biffa is warning business owners about the risk of significant fines for not complying with UK WEEE regulations - including the provision of a takeback system for consumers.
It warns that non-compliance could mean fines of up to £5,000 at Magistrates Court, and potentially unlimited fines at Crown Court.
Even once the ban on single-use vapes is in place, businesses will still need to have suitable takeback schemes in place to comply with Waste Electrical and Electronic Equipment (WEEE) regulations. Rechargeable or refillable vapes, while not covered by the ban, are still covered by WEEE regulations, and as such takeback systems must be in place for disposal.
Used disposable vapes fall under UK WEEE regulations, are treated as hazardous waste, and must be disposed of carefully. They contain lithium batteries, residual nicotine, and some may also contain Persistent Organic Pollutants (POPs) which are poisonous chemical substances that take a considerable amount of time to break down and can contaminate food sources if they leak.
Under Waste Electrical and Electronic Equipment (WEEE) rules, consumers must be able to dispose of vapes at the shop they were purchased from, if that store sells more than £100,000 worth of WEEE of any type per year. The fine for not having a takeback scheme in place is up to £5,000 at Magistrates Court, and potentially unlimited fines at Crown Court.
Stores will need to communicate that they provide this service (a template for which can be found with government guidance), record all the vapes they collect and dispose of, and maintain a record of how customers are informed about the service in their store, in order to avoid the fine.
This comes as a new survey from Biffa found that only a 25% of small business owners have a vape takeback scheme in place, while only another 36% intend to implement a scheme in the future. This suggests a large number of SMEs are unaware of the financial risk not having a scheme in place puts their business in.
The survey also revealed that sustainability sits high on small business owners’ priorities in 2024, as four in five (80%) see improving waste management and recycling as a way of achieving sustainability targets. For retail businesses, introducing a vape recycling scheme may be critical to hit their sustainable goals and could save money, with 45% of SMEs ranking cost efficiency their top priority for 2024.
Daniel Barrett, Reactive Services expert, Biffa, explains “Often considered a single-use product with no life once out of liquid, disposable vapes actually contain many elements that can be recycled, if captured and processed properly.
“It’s therefore vital – for multiple reasons – that retailers have a takeback scheme in place as consumer confusion often sees vapes land in general waste or standard bins, causing avoidable fires in recycling centres. Giving your customers a convenient, reliable and legally compliant way to get rid of their used e-cigarettes allows for proper separation of materials and improves recycling rates when waste experts can safely sort the waste from other recyclable materials, preventing contamination along the way.”
Barrett adds that having a takeback system in place will help avoid a fine down the line.
“Having the proper labelling and collection points will also benefit businesses by saving them from fines of up to £5,000 if a takeback scheme is in place; the good news, though, is that a method of doing so can often be rolled into your existing waste management solutions to save money – crucial, considering our recent survey found that cost is a barrier to sustainability for nearly half (45%) of SMEs.
“The upcoming ban will target the elimination of complex, hard-to-recycle single-use waste, in turn benefitting the UK’s circular economy. All retailers and businesses that generate vape waste must recognise, though, that the ban does not remove their obligations to ensure it is managed compliantly. Due consideration must also be given to the impact of the transition to new types of vape which are appearing in ever-increasing numbers even before the ban takes effect.”
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