FAQs - Single-use plastics - regulations
What is meant by the new legislation and placing market restrictions on the affected single-use plastic items?
The new regulations essentially mean a ban on the single-use plastic items covered by the legislation, with some exemptions for specific items. This means that businesses are not be able to supply these items in Scotland from 1 June 2022*, whether those businesses intend to charge for these items or not. The supply restriction applies for both online and in-store sales. It includes the supply of imported listed items and materials.
In addition to restricting supply, the manufacturing of single-use plastic cutlery, plates, beverage stirrers, and single-use food containers, cups and other beverage containers made from expanded polystyrene are prohibited under the ban.
The Scottish Government has produced full guidance to accompany the final regulations which explains the scope of the regulations and provide additional detail on how the regulations are to be implemented.
*Subject to the UK Internal Market Act 2020
Will there be any exemptions to these restrictions?
The new regulations create an exemption to protect access to single-use plastic straws for those who need them to eat and drink independently or for medical purposes. From the point of implementation on 1 June 2022*, single-use plastic straws will be available for purchase at pharmacies or given on request at hospitality or catering premises.
A supply of single-use plastic straws are also be allowed in a select number of other places, where access to single-use plastic straws may be essential. This includes care homes, schools, childcare and early learning facilities as well as prisons. The regulations provide an exemption where single-use plastic straws are medical devices, used for medical purposes and where they are used for personal care or support.
By taking an approach that is consistent with other parts of the UK, the exemption provides clarity for individuals on how to access single-use plastic straws wherever they are located. It also provides clarity and consistency for businesses. This approach to protect access to these items is important as single-use plastic straws are a vital accessibility aid for many people to eat and drink independently and can significantly impact social inclusion for some individuals
The Scottish Government’s guidance will help businesses maintain access to single-use plastic straws for those who need them, to ensure the exemption is implemented in a way that respects equalities interests and the dignity of those who need to access single-use plastic straws. Further advice will be available in due course on Zero Waste Scotland’s website to provide additional guidance on this matter.
The exemption has been included as straws are a vital accessibility aid, and it is important that they remain accessible to those who need them. Businesses should continue to comply with the duty to make reasonable adjustments under the Equality Act 2010. It is important to note that customers do not need to provide proof of need when requesting straws.
The regulations also provide an exemption, in line with the SUP Directive, for single-use plastic balloon sticks which are used for industrial or professional uses. This covers use by events professionals, for example, for decorative purposes where the balloons and balloon sticks are not handed out to customers.
*Subject to the UK Internal Market Act 2020
When will the final regulations come into force?
The regulations were laid before the Scottish Parliament on 11 November 2021. The items listed in these regulations will no longer be available from 1 June 2022*, subject to some exemptions.
With more than six-months between the regulations being laid and them coming into force on 1 June 2022* businesses affected by the ban have time to prepare. Taking steps to get ready for the change in the law will mean stock levels can be managed so these items are phased out in time. Consideration should be given to maintaining a limited stock of single-use plastic straws so they can be provided on request to those who require them to eat and drink independently.
Consumers may expect to see less of the restricted items being available as businesses transition towards alternative options.
*Subject to the UK Internal Market Act 2020
How does the Internal Market Act 2020 relate to the single-use plastics regulations?
The United Kingdom Internal Market Act 2020 affects the application of the Regulations.
An agreement has been reached with the UK Government, to bring into force an exclusion from the effects of the Internal Market Act for the Regulations. The UK Government will lay regulations to amend the Internal Market Act to include this exclusion. The exclusion will come into force following completion of the relevant UK Parliamentary procedures.
Once the exclusion from the Internal Market Act is in force, the prohibition of the supply of the listed single-use plastic products in the Regulations will apply to all products, regardless of where they originate from and whether they can be supplied in another part of the UK. The Scottish Government encourages businesses to prohibit the supply of the listed single-use plastic products from 1 June 2022 regardless of the impact of the Internal Market Act.
Why is Scotland taking these steps to ban certain single-use plastic items?
The Scottish Government is now placing a ban on certain single-use plastic items as it aligns with our ambitions as a country to tackle our throwaway society and move Scotland towards a circular economy where items are kept in use for as long as possible. Plastic stemmed cotton buds have already been banned in Scotland since October 2019 ahead of the rest of the UK.
What are the benefits of the new single-use plastics regulations?
The new single-use plastics regulations are an essential step to tackling the climate emergency. Around four fifths of Scotland’s carbon footprint comes from all the goods, materials and services we produce, use and often throw out after minimal use. We use an estimated 300 million plastic straws, 276 million pieces of plastic cutlery, 50 million plastic plates and 66 million polystyrene food containers every year in Scotland. Each item used for minutes and then discarded in the bin, or worse, found littering our streets, countryside, rivers and seas, where they can last for centuries.
The introduction of the single-use plastics ban will help put an end to this and positively impact our environment. It is an exciting next step towards a circular economy in Scotland where products are kept in use for as long as possible. We encourage businesses and individuals to opt instead for reusable alternatives as much as possible. Moving towards reusables lowers our carbon impact, saves money in the long run and of course there is no associated litter.
Are people in Scotland supportive of the regulations?
The Scottish Government conducted a public consultation which showed strong support for banning the single-use plastics items included in the draft regulations, which are commonly found washing up on beaches across Europe. Zero Waste Scotland research showed that 77% of people living in Scotland are concerned about the amount of single-use items and packaging we use and that 66% would support even further measures to reduce consumption such as introducing charges on items (similar to that of the carrier bag charge). The reasons for their support included reducing harm to the marine environment, reducing litter and help stop climate change.
What if I still have some stock left by the 1 June 2022* deadline?
From the point at which the regulations come into force on 1 June 2022*, it will be unlawful to supply any single-use plastic cutlery, plates, beverage stirrers, as well as food containers and cups made of expanded polystyrene.
These restrictions apply to both online and physical transactions, regardless of whether the items are charged for or handed out for free. It will be unlawful for businesses to supply balloon sticks, except where they are used for industrial or professional purposes and not handed out to consumers.
There are specific exemptions to protect the supply of single-use plastic straws for people who require them to eat and drink independently or for medical purposes. It will be important that catering businesses continue to hold a smaller supply of single-use plastic straws for these purposes, and that pharmacies stock them for individuals to purchase for use at home or elsewhere.
A small number of other establishments, including hospitals, care homes, schools, early learning providers, and prisons will also be allowed to supply single-use plastic straws for those who require them.
Now the regulations have been laid in parliament, businesses should prepare for these market restrictions coming into force from 1 June 2022*. Your business should consider how to effectively manage stock levels and make future purchases so stocks are used up in time for 1 June 2022*. *Subject to the UK Internal Market Act 2020