Where the head organisation is a pub operating business, for the purposes of determining whether the condition in regulation 11(1)(b) is met, only packaging or packaging materials specified in sub-paragraph (2) are to be taken into account.

The packaging or packaging materials referred to in sub-paragraph (1) are packaging or packaging materials that contain the goods that are the subject of the obligation to purchase from the head organisation or person nominated or authorised by that head organisation under the pub operating agreement, whether or not the goods have been packed or filled in the packaging or packaging materials when they are purchased by the member.