The Scottish Environmental Protection Agency (Sepa) has published draft guidance for its regulation of reuse activities.
It says the guidance is intended to address a current lack of clarity about when and how waste legislation applies to reuse activities, which the agency was made aware of at a stakeholder workshop in March last year.
The guidance advises that waste legislation is more likely to be applied if there is uncertainty about whether a product will be reused.
For example, a product that has no change of ownership is much less likely to be classified as waste than a product exported for reuse.
“All items destined for reuse must be adequately protected during transit and storage. Any failure to do so will reduce the certainty that the items can be reused, and will result in their classification as a waste,” it adds.
The guidance, on which Sepa is consulting until 17 November, does not apply to materials for recycling such as paper, scrap metal and glass cullet.
It says: “Only products and components of products which are being reused for their original purpose can be considered to be ‘reused’ or ‘prepared for reuse’.
“If the items are being used for a different purpose then this is ‘recycling’, and not within the scope of this guidance document.”
The Waste Framework Directive 2008 defines reuse as “any operation by which products or components that are not waste are used again for the same purpose for which they were conceived”.
Sepa is also consulting on its use of variable monetary penalties until 28 November.
Under the Regulatory Reform (Scotland) Act 2014, the regulator is allowed to issue fines of up to £40,000 without referring a case to the Procurator Fiscal.
The consultation centres on how the agency intends to determine the amount it fines for different offences.