Single-use plastics: What will be banned?

Introduction

The draft Environmental Protection (Plastic Plates etc and Polystyrene Containers etc) (England) Regulations 2023 were recently laid before Parliament. They are accompanied by guidance, prepared by the Department for Environment, Food & Rural Affairs (Defra), to support businesses in preparation for the ban on some single-use plastic items in England.

Practical Implications

Following on from bans such as the 2018 ban on microbeads and the 2020 ban on plastic straws, from October 2023, a more general ban on single use plastics is due to come into force. Businesses must not supply single-use plastic plates, trays and bowls to members of the public. Single-use plastic cutlery or balloon sticks are also banned with no exemptions. Ready-to-consume food and drink in polystyrene containers (which have been through a foaming process) must not be supplied unless it is considered that they need further preparation before being consumed (for example, adding water, microwaving, or toasting).

‘Single use’ means the item is meant to be used only once for its original purpose. The ban on items will include:

• online and over-the-counter sales and supply; 
• items from new and existing stock; 
• all types of single-use plastic, including biodegradable, compostable and recycled; and 
• items wholly or partly made from plastic, including coating or lining. 

The businesses that will be affected by the ban are all retailers; restaurants; takeaway venues; and the remainder of the hospitality industry.

If a business continues to supply banned single-use plastics after September 2023, then this would be a criminal offence and may lead to a fine. Local authorities have the power to carry out inspections to make sure the rules are being followed. Inspectors can visit a shop or store; make test purchases; speak to staff; and ask to see records. If a business is found to be in breach inspectors can order the business to cover the cost of the investigation.

Summary

The ban is another step towards eliminating avoidable plastic waste by 2042 and encourages businesses to develop more sustainable alternatives. Businesses should prepare for the ban by using up existing stock before October 2023, finding re-usable alternatives to single-use items, and using different materials for single-use items. 

If you would like any further information about the ban and how it may impact your business, please contact the Environment, Safety & Planning team. 

With thanks to Dani Bass for her contributions.