The Scottish Government has applied for an exemption from the UK internal market act for its deposit return scheme.
Scottish ministers formally made the request in a meeting with their UK Government counterparts on Monday.
It could take several months for UK Ministers to decide whether it will allow the Scottish Government to have an opt-out or not.
The last time the UK Government granted an internal market bill exemption was in 2022 over the ban on single-use plastic products. The exemption was granted five months after it was requested.
This would mean that it would be in place for the scheme's proposed launch in August.
But it has been reported that the scheme would be blocked by the UK Government.
Scottish Secretary Alister Jack said that the bar for an opt-out “is very high indeed” in the House of Commons.
Under the scheme, shoppers will pay an extra 20p when purchasing drinks in a can or bottle and the cash will be returned when they bring back the empty container for recycling.
The deadline for companies to sign up for the scheme passed last week.
Green Minister Lorna Slater is in charge of the scheme and has been under pressure from some retailers who say it will harm them financially.
Slater has also been involved in a war of words with Jack after the Scottish Secretary repeatedly said in recent weeks that the UK Government had not received a formal request for a UK internal markets act exemption.
Slater said that jack should resign or be sacked for "misleading" MPs about the scheme.
Files published last week showed that Scottish ministers have been seeking legal clarity from Westminster on the plan for nearly two years.
Letters and minutes reveal a first bid for an exemption was made nearly two years ago, and kickstarted again last October.
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