The SME spokesman asks about the deposit system: what about collecting deposits for takeaway sales?

The deposit system is full of ambiguities. Another doubt concerns the lack of guidelines regarding the collection of deposits for the sale and delivery of takeaway food and drinks when the order is placed by phone or via an application. SME spokesperson Agnieszka Majewska sent an inquiry on this matter to the Minister of Climate.


More than two months have passed since the deposit system came into force, and they are still emerging doubts regarding the rules of its application. This time it's about lack of interpretation of new regulations in relation to the popular service of selling and delivering food and drinks – takeaway, when the order is placed by phone or via the application, and also when implementation takes place with the participation of third parties.
She received an application in this matter from one of the company owners Spokesperson for Small and Medium-sized Entrepreneurs Agnieszka Majewska. She submitted an inquiry on this matter to the Minister of Climate and Environment, Paulina Hennig-Kloska.
Takeaway or delivery: what will be the “place of sale”?
– Various models of cooperation and order fulfillment in the catering industry highlight another problem reported by entrepreneurs, this time related to correct interpretation of the concept of “place of sale” – notes the SME Ombudsman.
He adds that this case raises doubts making this clear in the case of takeaway sales or in a delivery carried out by a third party using the application.
– In the context of the issues discussed, please remember that even unintentional misinterpretation regulations regarding the collection of deposits may result in the imposition of administrative fines on the entrepreneur – emphasizes Agnieszka Majewska.
For this reason, she asked the Ministry of Climate and Environment for a clear statement a position that will remove doubts entrepreneurs in the interpretation of applicable law.
Much controversy surrounding the system
This is yet another doubt regarding the deposit system. Questions arose, for example, what would happen if the consumer does not return the bottle or can and get rid of her on his own? In such a case, who will receive the bail money? You will find the answer to this question here.
After the new deposit mechanism came into force, a question often arose: whether those who do not want to give away cans and bottlescan they ignore the system and throw them into traditional segregation containers? Can you be punished for this?
There was also a lot of talk about ways to bypass the system – creative producers wanted to put it on sale packaging, which, thanks to a slight capacity excess, would not be subject to the system and would reduce the final price of the product.
However, recently we wrote about brewerieswho found a way to bypass the deposit system. Carlsberg already has an interpretation under which its bottles will not be covered by the deposit refund system. Żywiec will also soon receive it. You can read more about the case in the text “The great escape of breweries from the deposit system. The outlawed ministry protests.”




