Under the Producer Responsibility Obligations (Packaging Waste) Regulations, firms that handle more than 50 tonnes of packaging a year and have a turnover that exceeds £2m are required to register with the Environment Agency of packaging compliance scheme.

However, Mike Barker, group financial director for Hatcher and Broadwater, told Packaging News that while there was no doubt the legislation's objective to reduce packaging waste was desirable, it was yet another burden on UK business.

"It appears that there is no mechanism for the Environment Agency to assess and claim for registration fees and packaging recovery note costs not declared within the relevant year other than to instigate court proceedings and incur legal costs which are ultimately borne by industry," he said.

Barker was also critical that the regulations "do not differentiate between the multi-wrapping of vegetables and other consumer goods and the use of necessary industrial packaging including special crates designed to protect valuable goods in transit".

"There must surely be a better way," he said. "We already face stiff competition from less regulated countries - perhaps the government could add these regulations to its review of unnecessarily burdensome regulations obstructing the competitiveness of British Industry."

It is not the first time that the waste regulations have been criticised.

Environment Agency prosecutor Anne-Lise McDonald said of the Hatcher and Broadwater case that companies that were linked through holding companies or were subsidiaries had their turnover and packaging use aggregated.

"The aim of the packaging regulations is to achieve a more sustainable approach to dealing with packaging by ensuring businesses take responsibility for the packaging used in their operations," said McDonald.