S.L. 549.134 Art. 23Audit.

(1) The Agency shall have the right to audit producers who place refillable containers on the market and may, at any time, revoke the exemption granted in accordance with regulation 19 where it considers that the system for the collection and reuse of their beverage containers within the territory is no longer appropriate or where the Agency determines that the producer has breached his obligations under these regulations.

(2) The Agency may also revoke the exemption granted in accordance with regulation 19 when the system for collection and reuse of the beverage containers is not meeting the expected collection targets.

(3) In the event that the Agency revokes the exemption granted in accordance with sub-regulations (1) or (2), the beverage containers shall be considered to be single use containers, and:

(a) the producer has to abide by the obligations imposed on producers of single use containers in Part III; and

(b) the beverage containers shall be subject to the rules contained in Part III:

Provided that any targets imposed on the said producer by the Agency shall not be transferred to the operator, and any penalties imposed on the said producer shall continue to be due by the said producer:

Provided further that the beverage containers shall only be considered within the targets of the operator upon registration by the producer with the operator as provided for in regulation 13.

(1) Beverages in refillable containers shall have a market-specific barcode or a non-market specific barcode.

(2) Producers who place refillable containers on the market shall have the option of stamping or affixing to refillable containers a deposit logo, which shall be developed by the producer and approved by the Agency.

(3) Only producers that are duly registered with the Agency pursuant to regulation 20 may stamp or affix the deposit refund logo to the refillable container.

(4) Any producer in breach of this regulation shall be guilty of an offence against these regulations.