Single Use Plastics Ban - What is covered?

Legislation will be introduced to ban the supply of single-use plastic in England from October 2023. This will include single-use plastic:

• plates
• trays
• bowls
• cutlery
• balloon sticks
• expanded and extruded polystyrene food and drinks containers - including cups

Draft regulations the Environmental Protection (Plastic Plates etc. and Polystyrene Containers etc.) (England) Regulations 2023 have been published at Draft Environmental Protection (Plastic Plates etc. and Polystyrene Containers etc.) (England) Regulations 2023 (publishing.service.gov.uk).

Comments about these regulations may be sent to [email protected] by 30 January 2023. Single-use plastic: banning the supply of commonly littered single-use plastic items - GOV.UK (www.gov.uk)

Key definitions include:

• “plastic” means a material consisting of polymer …to which additives or other substances may have been added, and which can function as a main structural component of final products, with the exception of natural polymers that have not been chemically modified
• “expanded or foamed extruded polystyrene” means polystyrene where the polymeric material is expanded at any point during its manufacture by any means (such as heat from steam or expansion during cooling) using any blowing agent (such as butane, pentane or propane)

“single-use polystyrene food or drink container” means a receptacle such as a box, with or without a lid or cover, that is—
(a) made wholly or partly from expanded or foamed extruded polystyrene,
(b) not designed or intended to be re-used; and
(c) used to contain food or drink that is ready to be consumed without further preparation.

“single-use plastic plate, tray or bowl” / “single-use plastic cutlery”
(a) designed or intended to be used as a plate, tray or bowl / or in the same way as, a knife, fork, spoon or chopstick,
(b) made wholly or partly from plastic and
(c) not designed or intended to be re-used.

“single-use polystyrene cup” means a cup, with or without a lid or cover, that is—
(a) made wholly or partly from expanded or foamed extruded polystyrene, and
(b) not designed or intended to be re-used.

“single-use polystyrene food or drink
(a) made wholly or partly from expanded or foamed extruded polystyrene,
(b) not designed or intended to be re-used; and
(c) used to contain food or drink that is ready to be consumed without further preparation;

In the offence of supply of single-use plastic plates, trays or bowls to an end user, business to business supply and for manufacturing is excluded from these requirements.  ‘Packaging’ is also excluded. 'packaging' has the same meaning as in regulation 3 of the Packaging (Essential Requirements) Regulations 2015 The Packaging (Essential Requirements) Regulations 2015 (legislation.gov.uk). 

This will be a vital exemption and further guidance should be provided to businesses.  These exclusions do not apply to the offences of supply of single use plastic balloon sticks and cutlery nor supply of single-use polystyrene containers and cups.

 Examples of packaging and non-packaging are provided in Schedule 5 of the Packaging Regulations The Packaging (Essential Requirements) Regulations 2015 (legislation.gov.uk) include:

Packaging

• Beverage system capsules (e.g. coffee, cacao, milk) which are left empty after use

Non-packaging

• Beverage system coffee capsules, coffee foil pouches, and filter paper coffee pods disposed together with the used coffee product

Packaging, if designed and intended to be filled at the point of sale

• Paper or plastic carrier bags
• Disposable plates and cups
• Cling film
• Sandwich bags
• Aluminium foil

Non-packaging

• Stirrer
• Disposable cutlery
• Wrapping paper (sold separately)
• Paper baking cases (sold empty)
• Cake doilies sold without a cake

Takeaway packaging is covered by extended producer responsibility legislation, due to be enacted in 2024 which will make manufacturers contribute to the cost of disposing of their plastic packaging. 

Offences under these draft Environmental Protection (Plastic Plates etc. and Polystyrene Containers etc.) (England) Regulations 2023 would involve strict liability offences with the defence of due diligence available and liability at summary conviction for a potentially unlimited fine.