The manufacture and supply of certain single-use plastic products is prohibited

This guidance is for Wales

The Environmental Protection (Single-use Plastic Products) (Wales) Act 2023 prohibits in Wales the supply, or offering to supply:

• to end users: single-use plastic straws, cotton buds, plates, trays and bowls
• to businesses and end users: plastic drink stirrers, cutlery and balloon sticks, and expanded or foamed extruded polystyrene food or drink containers (including cups)

The Act also allows for the Welsh Government to add to or amend the list of single-use plastic products that are subject to the ban.

The ban on these products came into force in October 2023.

DAMAGE CAUSED

Tackling plastic pollution and the negative impact it has on our climate, environment, nature, and health and well-being is a key priority for the Welsh Government.

In 2018, research undertaken by the European Commission found that 80% to 85% of marine litter, measured by beach-litter surveys, is plastic, with single-use plastic items representing 50% of the total marine litter. The research found that most littered items on European beaches were those associated with 'on-the-go' food and drink packaging. As plastic can break down over time into smaller pieces, it can be difficult to identify its origin.

Studies in Wales suggest that single-use plastic litter is also prevalent in our local environment. For example, the Welsh Government's compositional analysis of litter found plastic items in 40% (by item count) of the total sample analysed. Welsh beach and street cleanliness surveys have also confirmed the presence of many of the items found by the European Commission's research.

The Chief Medical Officer for Wales Annual Report for 2021-22, Restoring our Health, highlights that climate change is a pressing public health issue, which will increasingly dominate our lives as it adversely affects the most basic health requirements: clean air, safe water, sufficient food and adequate shelter. It affects the environment around us - the places where we live, work, learn and play - and can have a profound impact on our health and well-being. The report examines the need to prepare, mitigate and adapt for climate change in Wales. The people of Wales are central in making these changes by choosing to use alternatives such as paper straws, cups and plates, and wooden cutlery. Switching to these widely used alternative products, that offer little change for most in consumer experience, will lead to long-term environmental benefits, although there may be short-to-medium term disruption for retailers and consumers if suitable alternative products to those removed are not available at an affordable cost.

PRODUCTS COVERED BY THE BAN

The ban applies to single-use plastic products supplied to consumers in Wales, namely:

• cutlery
• plates
• stirrers
• drinking straws (this product has an exemption for health needs)
• plastic stemmed cotton buds
• balloon sticks
• expanded or foamed extruded polystyrene fast-food containers*
• expanded or foamed extruded polystyrene cups*

[*Other types of takeaway cups and food containers are not included in the ban, even if made of other plastic materials.]

DEFINITIONS

The Act defines 'plastic' as "a material consisting of a polymer, other than an adhesive, paint or ink, and includes a material consisting of a polymer‍ that has other substances added to it". For the purposes of the Act, 'polymer' means "a polymer that can function as the main structural component of a product" and "does not include a natural polymer that has not been chemically modified".

While the primary focus of the ban pertains to traditional 'synthetic' plastics derived from crude oil, natural gas or coal, the Act extends its coverage to encompass other varieties of single-use plastics. These additional categories may include bio-based plastics, which serve as direct substitutes for their fossil-fuel counterparts due to their identical chemical composition and properties. Similarly, fossil-fuel-based compostable plastics, while touted as environmentally friendly alternatives, may pose challenges. This is because they often require specific conditions for proper decomposition, and their manufacturing processes may involve the use of toxic chemicals, potentially introducing contamination risks to the recycling stream and leading to the formation of microplastics.

EXEMPTIONS

There are a number of exceptions to the prohibitions to allow for situations where these items may be required due to disability or accessibility issues.

The following supplies of single-use plastic straws are permitted:

• from a registered pharmacy, but products must not be displayed or advertised in store and are only to be sold to consumers who need them for health or disability reasons
• from a catering establishment (pubs, clubs, restaurants, canteens, etc) where supplied for immediate consumption of food or drink. They must only be supplied if requested and not made available for customers to help themselves. They cannot be offered either verbally or in writing, and should only be supplied if the establishment believes the consumer needs one for health or disability reasons (consumers do not have to provide any evidence or proof to be provided with a single-use plastic straw)
• for use as a medical device or for a medical purpose. This includes preventative medicine, medical diagnosis, research, treatment and care
• for use as packaging for a product - for example, certain medicines. This does not exempt drinking straws supplied with drinks cartons

CARRIER BAGS

For information on plastic carrier bags, please see 'Single-use carrier bags'.

FURTHER INFORMATION

The Welsh Government has published guidance for businesses on the Environmental Protection (Single-use Plastic Products) (Wales) Act 2023.

TRADING STANDARDS

Failure to comply with Trading Standards law can lead to enforcement action and to sanctions, which may include a fine and/or imprisonment. For more information please see 'Trading Standards: powers, enforcement and penalties'.

IN THIS UPDATE

New guidance: October 2023

Key legislation

• Environmental Protection (Single-use Plastic Products) (Wales) Act 2023

Please note

This information is intended for guidance; only the courts can give an authoritative interpretation of the law.

The guide's 'Key legislation' links may only show the original version of the legislation, although some amending legislation is linked to separately where it is directly related to the content of a guide. Information on changes to legislation can be found on each link's 'More Resources' tab.

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