The Environmental Protection (Single-use Plastic Products) (Scotland) Regulations 2021

These Regulations are made to restrict the manufacture and supply of certain single-use plastic items in Scotland (outlined in the duties section). The Scottish Government is implementing these restrictions as part of its commitment to reduce the environmental impact of single-use plastic item products and to move towards a more circular economy. These Regulations apply in Scotland and come into force on 1st June 2022.

Duties

Restrictions on single use plastic products
The restrictions on both the supply and manufacture of certain plastic products are detailed below.

Restrictions on supply
It is an offence to supply, offer to supply or have in your possession for supply, any of the following products:

• single-use plastic balloon sticks (unless supplied for attaching to balloons for industrial or other professional use); and
• single-use plastic straws (exemptions on the restrictions on the supply of single-use plastic straws are set out below).

Single-use plastic straws may still be supplied in the following cases:

• as medical devices;
• for other medical purposes;
• when supplied by a retail pharmacy business to customers (outlined in regulation 7);
• when supplied by catering establishments to customers, if given with food or drink for immediate consumption (outlined in regulation 8);
• when supplied in a care homes;
• when supplied in a school or other premises used for early learning and childcare;
• when supplied in a prison and other places of detention; and
• when supplied as packaging (outlined in regulation 11).

Restrictions on supply and manufacture
It is an offence to supply, offer to supply, have in your possession for supply or manufacture any of the following products:

• single-use expanded polystyrene beverage containers;
• single-use expanded polystyrene beverage cups;
• single-use expanded polystyrene food containers;
• single-use plastic beverage stirrers;
• single-use plastic cutlery; and
• single-use plastic plates.

Offences and penalties 
A person in breach of the requirements under the restrictions on single use plastic products (outlined above) is committing a criminal offence and is liable on summary conviction to a fine of up to £5,000.

Enforcement officers are given powers, including the power of entry, to carry out investigations to determine whether an offence has been or is being committed. The local authority may authorise anybody that it sees as suitable to act as an enforcement officer.