The Environmental Protection (Plastic Straws, Cotton Buds and Stirrers) (England) Regulations 2020

Jurisdiction: England

Commencement:1st October 2020, except for regulation 4(3) and 4(4). Regulation4(3) and 4(4) come into force 3rd July 2021 

Mini Summary

The Environmental Protection (Plastic Straws, Cotton Buds and Stirrers) (England) Regulations 2020 list all the offences relating to the sale of single-use plastic straws, cotton buds and stirrers, as well as the specific exemptions to these offences for businesses.

Summary

The purpose of these Regulations is to restrict the supply of single-use plastic straws, single-use plastic stemmed cotton buds and plastic drink stirrers, to prevent pollution of the environment or harm to the health of humans and animals. It also serves to promote transition to a circular economy*.

*A circular economy is a model of production and consumption that involves sharing, leasing, reusing, repairing, refurbishing and recycling existing materials and products for as long as possible.

The Regulations apply to single-use plastic straws, single-use plastic stemmed cotton buds and plastic drink stirrers. They apply to businesses and organisations which supply or offer to supply these products to end users.

The Regulations extend to England and Wales and are put in place to meet the requirements of Directive (EU) 2019/904 on the reduction of the impact of certain plastic products on the environment (“Single-Use Products Directive”).

Following the 1st October 2023, the Secretary of State must carry out a review of the operation of enforcement and the Schedule to these Regulations, to decide if objectives have been met efficiently and effectively.

Offences

The following actions constitute an offence (punishable by a fine):

• To supply or offer to supply a single-use plastic straw to an end user.
• To supply or offer to supply to an end user a drink product with an attached plastic straw.
• To supply or offer to supply a single-use plastic stemmed cotton bud to an end user.
• To supply or offer to supply a plastic drink stirrer.

Exemptions to these offences are explained below.

Duties

Single-use plastic straws 

Affected businesses and organisations may not supply or offer to supply a single-use plastic straw to an end user unless the following exemptions apply.

Exemptions: retail pharmacy businesses
The supply of single-use plastic straws may be permitted by a retail pharmacy at a registered pharmacy. In this case single-use plastic straws must not be advertised to customers by the retail pharmacy business and must not be kept in a place where they are visible to customers, or where customers can access them. They must not be offered or provided to a customer unless the customer has requested them. A registered pharmacy may also supply single-use plastic straws on an online platform that the registered pharmacy use to sell products online.

Exemptions: supply of existing stock
The supply of single-use plastic straws may be permitted if:

• the supply or offer to supply is made within the period of 6 months beginning on 21st September 2020; or
• the person supplying or offering to supply the product obtained the product before  21st September 2020.

Exemptions: catering establishments 
A catering establishment* may supply single-use plastic straws with food or drink for immediate consumption. The single-use plastic straws must not be visible or accessible to customers and must not be offered or provided to a customer unless requested.

*Catering establishment means a restaurant, canteen, club, public house or similar establishment (including a vehicle or a fixed or mobile stall) which supplies food or drink, ready for consumption without further preparation.

Exemption: relevant devices and medical purposes
The supply of single-use plastic straws may be permitted in the supply of a product:

• that is a relevant device (within the meaning given in Regulation 68(4) of the Medical Devices Regulations 2002);
• used for medical purposes by or under the direction of a health professional; or
• by a health professional for medical purposes.

Exemption: packaging 
The supply of single-use plastic straws may be permitted if the item supplied is packaging*.

*Packaging is a product made of any materials of any nature used for the containment, protection, handling, delivery and presentation of goods.

Exemption: other establishments 
The supply of single-use plastic straws may be permitted in:

• a care home;
• premises used for early years provision;
• a school; or
• a prison or other place of detention.

Affected businesses and organisations may not supply or offer to supply a drink product with an attached plastic straw* to an end user unless the following exemptions apply.

*Attached plastic straw means a single-use plastic straw which is attached to the packaging of a drink product and is intended to be used to consume that drink.

Exemptions: relevant devices and medical purposes 
The supply of single-use attached plastic straws may be permitted if:

• the product is a relevant device;
• the use of the product is necessary for medical purposes by or under the direction of a health professional; or
• the use of the product is necessary by a health professional for medical purposes.

 

Single-use plastic stemmed cotton buds

These Regulations make it an offence (punishable by a fine) in the course of a business, to supply or offer to supply a single-use plastic stemmed cotton bud to an end user.

Exemption: relevant devices and medical purposes 
The supply of single-use plastic stemmed cotton buds may be permitted if:

• the product is a relevant device;
• the use of the product is necessary for medical purposes by or under the direction of a health professional; or
• the use of the product is necessary by a health professional for medical purposes.

Exemption: forensic purposes 
The supply of single-use plastic stemmed cotton buds may be permitted if they are supplied to a forensic service provider (any person that carries out laboratory activities at the request of competent law enforcement authorities).

Exemption: scientific purposes 
The supply of single-use plastic stemmed cotton buds may be permitted if they are supplied for scientific purposes (diagnostic, educational or research purposes).

Exemptions: supply of existing stock 
The supply of single-use plastic stemmed cotton buds may be permitted if:

• the supply or offer to supply is made within the period of 6 months beginning with the 21st September 2020; or
• the person supplying or offering to supply the product obtained the product before the 21st September 2020.

 

Plastic drink stirrers

No one is permitted to supply, or offer to supply a plastic drink stirrer unless the following exemptions apply.

Exemptions: supply of existing stock 
The supply of plastic drink stirrer may be permitted if:

• the supply or offer to supply is made within the period of six months beginning with the 21st September 2020; or
• the person supplying or offering to supply the product obtained the product before the 21st September 2020.

 

Civil sanctions 

Any person contravening restrictions in these Regulations will be liable to receive any of the following forms of civil sanctions:

• Variable monetary penalty 
  • Required to pay a monetary penalty to the regulator, not exceeding 10% of the annual turnover in England of the person on whom it is imposed.
• Compliance notice
  • Required to take steps within time periods specified by the regulator to ensure the offence does not continue or recur.
• Notice of intent
  • Where a regulator proposes to serve a variable monetary penalty or a compliance notice on a person, the regulator must first serve a notice of intent on that person. This should include the grounds on which the compliance notice or variable monetary penalty is being served, the requirements of the notice, the amount to be paid (where applicable) and information on the right to object of the notice or penalty.
• Stop notice
  • A regulator may serve a stop notice prohibiting a person from carrying on an activity specified in the notice until the person has taken the steps specified in the notice.
• Non-compliance penalties
  • If a person fails to comply with a compliance notice, the regulator may serve a notice on that person imposing a monetary penalty for non-compliance.

 

Enforcement 

If a regulator deems necessary, it may authorise (in writing) for an enforcement officer to exercise any of the powers below in order to determine whether:

• an offence under these Regulations has been, or is being committed; or
• if any requirement of a compliance notice, stop notice or an enforcement undertaking has been, or is being contravened.

Powers of entry and examination
The powers which an enforcement officer may be authorised to exercise are:

• To enter at any reasonable time any premises (other than premises used wholly or mainly as a residential dwelling).
• To enter a premises accompanied by another enforcement officer.
• To take into the premises, equipment or materials as required for the authorised purpose.
• To undertake any examination or investigation necessary.
• Take measurements and photographs and make such recordings as the enforcement officer considers necessary for the examination or investigation.
• To request to see documents considered necessary for the examination or investigation.
• To direct that the premises, part of the premises, or anything within it, is left undisturbed for as long as is reasonably necessary for the purpose of examination or investigation.
• To take or have samples taken, of any articles or substances found in or on any premises the enforcement officer has powers to enter and to have those articles or substances analysed or tested.

Entrance to a premises can be gained under the authority of a warrant where an enforcement officer proposes to enter that premises and entry has been refused, or where there are reasonable grounds to suspect that entry will be refused.

An enforcement officer seeking to exercise a power mentioned above, is required to produce evidence of their identify and authority when requested by:

• a supplier;
• an employee of a supplier; or
• the owner or occupier of any premises.

 

Link to full government text

 

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