Single Use Plastic Ban
New Regulations (‘the new Regulations’), which came into force on 1 October 2023, ban businesses from supplying to the public a wide range of single-use plastic items such as plates, bowls, cutlery, trays, polystyrene cups and food containers.
It is estimated that, every year, England uses over two and a half billion items of single-use cutlery, most of which are plastic, and over seven hundred and twenty million single-use plates, of which only ten per cent. are recycled.
Members of the public can no longer be supplied with banned products from any businesses including retailers, takeaways, food vendors and the hospitality industry and the ban applies to online and over the counter sales.
Banning these items will have a significant impact on reducing plastic waste and littering and represents a step forward in reducing the serious damage caused to the environment by plastic pollution, which the Government seeks to eliminate by 2042.
Sukhdip Randhawa of KANGS outlines the guidance and recommendations issued by the Government in order to ensure compliance with the ban.
Compliance and Exemptions
Preparation
The Government issued the new Regulations in January 2023 since when guidance has been provided to assist businesses prepare for the changes.
It was suggested that, by way of preparation, business operatives should:
- use up existing stock before 1 October 2023,
- find useful alternatives for single-use items,
- use different materials for single-use items.
Failure to Comply
Breaches of the new Regulations are likely to be investigated and enforced by Trading Standards and Environmental Agency Officers who will:
- visit shops and stores,
- conduct test purchases,
- speak to staff,
- inspect trading records.
Any breach is likely to result in enforcement action with conviction leading to payment of a substantial financial penalty plus payment of Prosecution costs.
Exemption
Food or drink can still be supplied in polystyrene containers if it needs further preparation before it is consumed such as by:
- adding water,
- microwaving,
- toasting.
Appeals
Imposition of a fine may be appealed within twenty-eight days if the food business operative can show that everything reasonably possible had been carried out to avoid breaking the new Regulations.
Official Comment
‘Environment Secretary Thérèse Coffey said:
We all know the absolutely devastating impacts that plastic can have on our environment and wildlife. We have listened to the public and these new single-use plastics bans will continue our vital work to protect the environment for future generations.
I am proud of our efforts in this area: we have banned microbeads, restricted the use of straws, stirrers and cotton buds and our carrier bag charge has successfully cut sales by over 97% in the main supermarkets.
Environment Minister Rebecca Pow said:
Plastic is a scourge which blights our streets and beautiful countryside and I am determined that we shift away from a single-use culture.
By introducing a ban later this year we are doubling down on our commitment to eliminate all avoidable plastic waste. We will also be pressing ahead with our ambitious plans for a deposit return scheme for drinks containers and consistent recycling collections in England.’
How Can We Help?
It is important that any business or individual facing any situation which may have criminal implications should seek expert legal advice immediately to ensure that the interests of those concerned can be protected as far as possible.
If you are experiencing any issues involving Environment, Food and Health Safety, or indeed any form of alleged criminal conduct, please do not hesitate to contact us as follows:
Telephone: 0333 370 4333
Email: info@kangssolicitors.co.uk
Or feel free to contact any of our Team below who will be happy to guide you:
