Regulations that ban businesses from supplying a range of single-use plastic items in England (as discussed in our earlier article Ban on single-use plastics in England) came into force on 1 October 2023. This ban is the latest in a series of moves by the government aiming to reduce plastic pollution (following the ban on microbeads, restrictions on the use of straws, stirrers and cotton buds and the Plastic Packaging Tax). Phase 1 of a similar single-use plastic ban is expected to be introduced in Wales from 30 October 2023.

The ban in England prevents all businesses from supplying (by sale or otherwise): 

• Single-use plastic plates, trays or bowls to end users (i.e. not other businesses). 
  • There is an exemption for items that are pre-filled or filled at the point of sale, such as ready meal trays or plates filled in takeaway restaurants.
• Single-use plastic balloon sticks and cutlery.
  • No exemptions apply to the ban on single-use plastic balloon sticks and cutlery.
• Single-use polystyrene (expanded and extruded polystyrene) food or drink containers and cups. 
  • There is an exemption for containers of food or drink that require further preparation before being consumed, such as microwaving or adding water. 

The ban applies to items that are made from polystyrene or wholly or partly made from plastic and are not designed or intended to be re-used. It covers all types of single-use plastic, including biodegradable, compostable and recycled.

Enforcement officers have the power to enter and inspect business premises to ensure compliance with the regulations. They can also require the business to produce records where necessary. Civil sanctions, including fines, will principally be used to enforce breaches (as is the case for The Environmental Protection (Plastic Straws, Cotton Buds and Stirrers) (England) Regulations 2020). 

Businesses, in particular retailers, food vendors, takeaway restaurants and the hospitality industry, should be mindful that the ban applies to existing stock, whether the items are sold or provided for free. Therefore, businesses can no longer supply or offer to supply any banned items that they still have. For example, takeaway restaurants cannot give customers their remaining plastic cutlery or polystyrene containers. Businesses will need to find reusable alternatives or use different materials for these items. 

If you have any questions relating to the ban on single-use plastics, please contact Michael Barlow or one of our Environment team. 

This article was written by Tommy Yapp.