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Jurisdiction: Wales
Commencement: Sections 3,4,17,21,22, and 23 come into force on 7th June 2023. The remainder is expected from October 2023.
Amends: New Legislation
The following sections come into force on 7th June 2023.
N.B. The remainder of the Act will be enacted by subsequent legislation, with the actual ban expected to come into effect from October 2023.
Key definitions
‘Single-use‘ means a plastic product that is intended to be used only once and then thrown away.
‘Plastic‘ refers to a material consisting of a polymer (other than an adhesive, paint or ink), or a material made of polymer mixed with other substances.
‘Plastic product‘ is an item:
There are no duties for organisations. Duties will come into effect at a later date.
Prohibited single-use plastic products
The Schedule to this Act sets out a list of prohibited single-use plastic products including:
*Oxo-degradable plastic is a plastic mixed with a substance to make it break down faster when exposed to heat or light.
Responsibilities and powers of Welsh Ministers
Welsh Ministers must prepare and publish guidance on the single-use plastic products prohibited under this Act and the application of any exemptions.
Welsh Ministers may amend the list of banned single-use plastic products, exemptions and definitions following consultation with relevant stakeholders.
Offences
Section 5 (not currently in force) makes it an offence for a person* to supply or offer to supply a prohibited single-use plastic product to a consumer in Wales.
*Person means:
Enforcement
Local authorities may investigate complaints, bring prosecutions, and take steps to reduce offences related to the supply of prohibited single-use plastic products.
An authorised officer* may:
*An authorised officer is any person appointed by a local authority.
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A ban on single use plastics is due to come into force from October 2023. Following on from bans such as the 2018 ban on microbeads and the 2020 ban on single use plastic straws, this draft legislation under the title “The Environmental Protection (Plastic Plates etc. and Polystyrene Containers etc.) (England) Regulations 2023” aims to continue to minimise environmental plastic pollution.
This ban comes as a follow up from a consultation that ran through from November 2021 to February 2022 with 95% of the responses in favour of the ban. The summary of responses has been published and can be viewed here.
The ban will make it an offense to supply the following:
The current state of the legislation clarifies that this legislation only applies to food and drinks containers, or packaging of items intended for immediate consumption without further preparations. It does not apply to items such as meat packaging or pre-packaged shelf ready items.
The ban is also likely to include packaging made from recycled or biodegradable plastics if they fall under the “single use” definitions.
People or businesses caught supplying these items after the ban has come into force will face a fine. Failure to comply with a compliance notice could result in criminal proceedings being initiated.
The aim of the ban is to try and encourage businesses to develop more sustainable alternatives and to try and reach the goal of eliminating all avoidable plastic waste by 2042.
A copy of the draft legislation can be found here.
Jurisdiction: United Kingdom
Commencement: 11th August 2022
Amends: United Kingdom Internal Market Act 2020
As the United Kingdom (UK) has left the European Union (EU), the United Kingdom Internal Market Act 2020 is introduced to ensure businesses can continue to trade goods freely and effectively across the UK.
The Act establishes two principles that apply to goods and services which are known as the ‘Market Access Principles‘:
The market access principles allow organisations to trade without additional barriers based on which UK nation they are in. They also provide access of qualifying goods from Northern Ireland to Great Britain.
This entry focuses on the parts of the Act that relate to the environment; specifically this relates to the exclusions from mutual recognition and non-discrimination for goods.
Exclusions
There are certain specific exclusions from mutual recognition and non-discrimination for goods. An exclusion is a policy area, area of regulation or type of relevant requirement that is not subject to the principles. These areas can be updated and changed in the future if required in response to changes in market conditions.
Schedule 1 of the Act lists certain areas of exclusion from either or both Market Access Principles. The areas that are excluded from mutual recognition and relate to environmental management are:
The area excluded from both mutual recognition and non-discrimination that relates to environmental management is sanitary and phytosanitary measures relating to serious threats to animal and plant health. This ensures that the measures can be implemented, to take account of differences in pest and disease prevalence across the UK. Any measure falling under this exclusion needs to be supported by a risk assessment demonstrating the measure was reasonable and justified.
There are no direct compliance duties for organisations in this Act.
Amendment
The following single-use items are excluded from the United Kingdom (UK) Market Access Principles in response to the prohibition of sale of single-use plastics.
Schedule 1 is amended accordingly.
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Jurisdiction: Northern Ireland
Commencement: 1st April 2022
Amends: The Single Use Carrier Bags Charge Regulations (Northern Ireland) 2013
The Single Use Carrier Bags Charge Regulations (Northern Ireland) 2013 writes into legislation that a 25 pence charge must be applied to all single-use carrier bags (supplied new) in Northern Ireland.
The Regulations are made under Sections 77, Section 90, and Schedule 6 of The Climate Change Act 2008.
The charge will apply from 1st April 2022, to all single-use bags, including those made from plastic, paper, plant-based material and natural starch. However, exemptions have been put in place for bags that are used to contain medical products, take-away hot food and drinks and bags used solely for unpackaged food.
250 million single-use carrier bags are consumed in Northern Ireland every year; the introduction of the levy is hoped to reduce this number by 80%. The funds generated by the scheme will be reinvested into environmental projects.
Changes are made to the carrier bag levy.
The definition of ‘net proceeds of the charge’ is updated to reflect the new minimum price sellers are required to charge for new single-use carrier bags. Sellers are required to charge customers at least 25 pence for each carrier bag.
Sellers are also required to keep a record of the new 25 pence charge. The record must include the monetary value and the chargeable VAT resulting from the charge.
The 25 pence levy applies to all new carrier bags with a retail price of £5 or less, regardless of material used and whether they are single-use or reusable.
Charge exemptions are removed for:
*A gusset is an extra piece of fabric which is added to increase the space and strength of a bag.
Single carrier bags are now exempt from the 25 pence charge if they:
The Single Use Carrier Bags Charge (Amendment) Regulations (Northern Ireland) 2021 are revoked.
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Jurisdiction: Scotland
Commencement: 1st June 2022
Amends: New Legislation
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.
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 straws may still be supplied in the following cases:
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:
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.
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Jurisdiction: England
Commencement: 21st May 2021
Amends: The Single Use Carrier Bags Charges (England) Order 2015
The minimum amount that all sellers (i.e. a person who sells goods) must charge for a single use carrier bag in England is increased to 10 pence.
Small retailers, employing less than 250 staff, will no longer be exempt from the obligation to charge for a single use carrier bag.
Airports are now required to charge for single use carrier bags, to reduce their usage and the litter associated with them.
The expiry date of 5th October 2022 is removed from The Single Use Carrier Bags Charges (England) Order 2015.
Sealed transit bags (a bag which is intended to be used to carry alcohol or tobacco) are now included in Schedule 2 to the list of excluded bags.
The requirement to report on the number of single-use plastic bags is not extended to Micro, Small, and Medium Enterprises. This obligation remains with large retailers only.
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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
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.
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.
The following actions constitute an offence (punishable by a fine):
Exemptions to these offences are explained below.
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:
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:
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:
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:
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:
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:
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:
Any person contravening restrictions in these Regulations will be liable to receive any of the following forms of civil sanctions:
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:
Powers of entry and examination
The powers which an enforcement officer may be authorised to exercise are:
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:
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