Clarification regarding producer responsibility for unfilled packaging under the Federal Plastics Registry.

Question: Seeking clarification regarding producer responsibility for unfilled packaging under the Federal Plastics Registry:

The Phase 1 guidance provides an example where a Canadian flexible packaging manufacturer that makes and sells unfilled packaging to pasta makers is responsible for reporting that unfilled packaging. The guidance also provides private label examples where the supermarket/private label brand owner reports the unfilled packaging used for its own private brand.

We are trying to understand how these examples should be applied in situations where the line is less clear.

Specifically:

1. If a Canadian packaging manufacturer produces generic, unbranded unfilled packaging, but the order was placed by a private label brand owner, who is responsible for reporting the unfilled packaging?
2. Does the answer change if the packaging is printed or labelled with the private label brand before it is filled?
3. If packaging is custom-made for a private label brand but does not yet display the brand name or artwork, should it be treated as generic unfilled packaging reported by the packaging manufacturer, or as unfilled packaging used for the private label brand and reported by the brand owner?
4. More generally, what factors should be used to distinguish generic unfilled packaging from unfilled packaging “used for” a private label brand?

Answer provided by ECCC is:

If a company manufactures or imports unbranded unfilled packaging (i.e., generic packaging) with no specific buyer in mind, and it is later bought by a brand owner who applies their brand to the packaging, the company who manufactures or imports the generic packaging would report on the unfilled packaging, and the brand owner would report on the filled packaging. However, if the unfilled packaging is manufactured specifically for, or following the specifications of a brand owner, the brand owner may be considered the producer even if the branding is applied at a later stage in the manufacturing process. In that case, the brand owner would report on both the unfilled and filled packaging, and the manufacturer would not report.

Applying this to your specific questions:

1. If the unbranded packaging is made specifically for a brand owner or follows specifications from the brand owner then the brand owner may be considered the producer even if the brand is applied later in the process. If the generic packaging was imported/manufactured for no brand owner in particular but was later sold to a brand owner who applied their own label, the importer/manufacturer may be considered the producer.
2. No, the answer does not necessarily change if the label is applied before it is filled.
3. If the packaging is custom-made for a brand owner, the brand owner may be considered the producer of the unfilled packaging even if the labels are applied later in the process.
4. Factors that determine if generic unfilled packaging should be reported by the importer/manufacturer or the brand owner is dependent on whether the packaging was imported/manufactured for a specific brand owner or was made to specifications for a brand owner. If the generic packaging was made with no specific brand owner in mind and was later sold to a brand owner who applies their own label, the importer/manufacturer may be considered the producer.

We hope that this provides greater clarity regarding who is considered the producer when manufacturing or importing packaging for brand owners.