Franchisee product fee: how much is it and how to avoid it?
Entrepreneurs running franchise outlets often offer their customers drinks and food in disposable takeaway packaging. Such packaging is subject to either a recycling obligation or a product fee (if the required recycling rate is not achieved), which should be paid by the franchisee and not by the franchisor. How much is the product fee and can the franchisee avoid it?
Division of responsibilities between the franchisee and the brand owner
Running a franchise outlet takes many responsibilities off the entrepreneur's shoulders. The franchisee usually does not have to worry about, among other things, developing its own business model, designing new services, expanding its product portfolio or acquiring technical support and IT tools. These and other contractually defined tasks are usually carried out by the franchise partner in exchange for recurring royalties.
However, it should be borne in mind that the franchisor does not assume all of the franchisee's obligations - if you run a franchise outlet, you still have to meet at least your environmental obligations arising from the Packaging and Packaging Waste Management Act. One of these is the obligation to achieve the required level of recycling or to pay a product fee for the packaging introduced.
Are you a franchisee? You are obliged to pay a product fee!
Any entrepreneur who introduces packaged products must take responsibility for the waste that has been generated from these packages. They can do this in 2 ways: by ensuring that this waste is recycled or by paying a product fee for each kilogram of recycling not achieved. Contrary to appearances, This obligation does not only apply to producers, but also to, among others, franchisees who sell drinks and food in takeaway packages.
If you run a franchise outlet where you sell, for example, packaged coffee, meals or snacks, the onus is on you to account for these packages, not the franchisor. Even the fact that you sell all these products under the franchisor's brand does not change this.
Under current law, any franchisee introducing packaged products must:
- ensure that the resulting packaging waste is recycled,
- pay a product fee (if the required level of recycling is not achieved),
- conduct or finance public education campaigns.
These obligations derive from the provisions of the Packaging and Packaging Waste Management Act. According to an opinion taken from LEX Environmental Law:
The packaging of the meals served at the filling station is the responsibility of the operator of the filling station.
Source: https://www.prawo.pl/biznes/kto-ponosi-oplate-produktowa-za-opakowania-jedzenia-na-stacji,169823.html
By analogy, these provisions apply to companies operating other franchise outlets and dispensing drinks in takeaway cups, for example.
Does the mandatory product fee only apply to franchises?
No. The obligations: to recycle and to pay a product fee apply to all entrepreneurs indicated in the Act. However, our experience shows that it is frazioneers are often unaware of their obligations. Many entrepreneurs running franchise outlets mistakenly assume that recycling and the product fee remain with the franchisor, whose logo appears on all beverage and meal packaging. Such ignorance often has unpleasant consequences - Failure to comply with environmental obligations results in an immediate high product fee and, in some cases, a financial penalty.
Recall: the obligation to ensure recycling of packaging waste and to pay a product fee may also include franchisees operating:
- restaurants, pizzerias and other catering establishments,
- cafés (also mobile!), beverage outlets (e.g. bubble tea),
- petrol stations,
- shops,
- bakeries and confectioneries.
The above list is only exemplary - the obligatory product fee may also apply to other companies. At the same time, it is worth remembering that the Act provides for a number of exemptions from the obligation to pay the product fee.
Do you want to check whether the product fee applies to you?
What packaging is covered by the product charge?
The following are subject to a product fee on packaging and packaged products including, but not limited to, all packaging in which food and take-away drinks are packed, e.g:
- beverage cups,
- lids and cup lids,
- utensils, e.g. plates, bowls,
- food containers (with or without lids): boxes, trays, boxes, buckets, paper packaging for popcorn or chips.
As a franchisee introducing packaged products, you are obliged to keep records of such packaging broken down by the type of materials from which it was made. Such records are the basis for determining the amount of the product fee due, which is calculated on the basis of the weight of the introduced packaging for which the entrepreneur has not achieved the statutory level of recovery and recycling.
Amount of product fee - how much will a franchisee pay?
Different packaging materials are subject to different product fee rates. For the most common types of packaging for food and takeaway beverages, the rates of the product fee are as follows:
- plastic packaging - PLN 2.70/kg,
- paper and cardboard packaging - PLN 0.70/kg,
- multi-material packaging - PLN 1.70/kg,
- wood packaging - PLN 0.30/kg,
- other packages - PLN 1/kg.
Although the amounts per kg of packaging are not very large, they already the amount of the product fee for the whole year often makes businesses dizzy. Importantly, the product fee for packaging can be avoided by fulfilling the recycling obligation. Each entrepreneur can do this on his or her own, ensuring the recycling of 100% of the packaging introduced, or with the help of the recovery organisation Interzero, without worrying about minimum recycling levels.
Pass on the obligation to Interzero and avoid the product fee
Meeting your environmental responsibilities is only a small fraction of all the challenges you face as an entrepreneur and franchisee. Fortunately, you can delegate some of your responsibilities to Interzero's environmental experts. This will not only save you time, but also money - for a small fee we will take over your obligation to recycle packaging waste and you will avoid a high product fee.
By entrusting your duty to Interzero, you gain:
- the fixed, low cost of taking over the obligation,
- the possibility to conclude a contract online in 3 easy steps,
- official confirmation of the correct execution of the obligation for the year in question,
- Convenient access to documents relating to the assumption of responsibility via the My Interzero portal,
- a certificate for your company and an annual report on the conduct of Public Education Campaigns.
Find out how much you will save by handing over your recovery and recycling duty to Interzero!