The Environmental Protection (Plastic Plates etc. and Polystyrene Containers etc.) (England) Regulations 2023
Overview
In a significant move aimed at curbing environmental pollution and protecting human and animal health, the Department for Environment, Food and Rural Affairs (Defra) has introduced the Environmental Protection (Plastic Plates etc. and Polystyrene Containers etc.) (England) Regulations 2023 in England. These regulations restrict the supply of single-use plastic plates, bowls, and trays, ban the supply of single-use plastic cutlery and balloon sticks, and also prohibit the supply of expanded and foamed extruded polystyrene (EPS/XPS) food and drink containers, including cups.
The key requirements of these Regulations include:
- Ban on Single-Use Plastic Cutlery and Balloon Sticks: Under these regulations, the supply of single-use plastic cutlery and balloon sticks is prohibited. This means that businesses will no longer be able to provide customers with disposable plastic cutlery or balloon sticks.
- Restriction on Single-Use Plastic Plates, Bowls, and Trays: While these regulations don’t outright ban single-use plastic plates, bowls, and trays, they impose restrictions on their supply. However, this ban does not apply to packaging that falls under the definition of packaging in regulation 3 of the Packaging (Essential Requirements) Regulations 2015. This exception includes containers pre-filled with food before sale or filled with food at the counter of a takeaway.
- Ban on EPS/XPS Food and Drink Containers: The regulations also ban the supply of expanded and foamed extruded polystyrene (EPS/XPS) food and drink containers, including cups. This means that businesses will need to find alternative, more environmentally friendly materials for their food and beverage packaging.
These Regulations came into force on the 1st of October 2023 and apply to England.
Do the Environmental Protection (Plastic Plates etc. and Polystyrene Containers etc.) (England) Regulations 2023 apply to my business?
The introduction of these regulations will have several impacts on businesses, including:
- Increased Compliance Costs: Businesses that rely on single-use plastic cutlery, balloon sticks, and EPS/XPS food and drink containers will face increased costs as they transition to more sustainable alternatives. This may include higher procurement costs for eco-friendly materials.
- Changes in Business Practices: Affected businesses will need to change their practices, such as sourcing new packaging materials, updating menus and advertising, and ensuring compliance with the regulations. Training staff on these changes may also be necessary.
- Consumer Awareness: These regulations are expected to increase consumer awareness of the environmental impact of single-use plastics. Businesses should be prepared to respond to customer inquiries and promote their efforts to reduce plastic waste.
Businesses affected by these regulations should proactively prepare for the changes to ensure compliance and minimize disruptions to their operations. While compliance may involve initial costs, it also presents an opportunity for businesses to align with growing consumer demand for eco-friendly practices and products.
Do I need the Environmental Protection (Plastic Plates etc. and Polystyrene Containers etc.) (England) Regulations 2023 in my ISO Compliance Register?
You will need the Environmental Protection (Plastic Plates etc. and Polystyrene Containers etc.) (England) Regulations 2023 in your ISO Compliance Register if your business falls under one or more of the following categories:
- Restaurants and Cafes: Eateries that provide takeout or use disposable plastic cutlery, plates, and containers will need to adapt to alternative, sustainable options.
- Retailers: Businesses that sell plastic cutlery, balloon sticks, or EPS/XPS food containers will need to discontinue these products or replace them with environmentally friendly alternatives.
- Event Planners: Companies that organise events, parties, or gatherings and use single-use plastics for catering will need to revise their offerings and opt for sustainable choices.
- Wholesalers: Wholesalers supplying these banned or restricted products to other businesses must adjust their product lines to align with the new regulations.
- Manufacturers: Manufacturers of plastic cutlery, balloon sticks, and EPS/XPS containers may need to diversify their production to offer eco-friendly alternatives or face declining demand for their products.
Legislation related to the Environmental Protection (Plastic Plates etc. and Polystyrene Containers etc.) (England) Regulations 2023
Legislation related to the Environmental Protection (Plastic Plates etc. and Polystyrene Containers etc.) (England) Regulations 2023 include:
- Environmental Protection Act 1990
- Environmental Protection (Microbeads) (England) Regulations 2017
- The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000
- The Environmental Protection (Duty of Care) (Scotland) Regulations 2014
- The Environmental Protection (Plastic Straws, Cotton Buds and Stirrers) (England) Regulations 2020
- The Environmental Protection (Single-use Plastic Products) (Wales) Act 2023
More information
Visit the Environmental Protection (Plastic Plates etc. and Polystyrene Containers etc.) (England) Regulations 2023 article on the legislation.gov.uk website.
Create an account in the ISO Compliance Register App and add this article to your Register.
