In Scotland, the ban already applies, and in England and Wales, the ban will come into force in October 2023.
In England, the ban will be enforced principally through civil sanctions.
In Wales, the Senedd has passed the Environmental Protection (Single Use Plastic Products) (Wales) Act 2023 though this is still awaiting Royal Assent. In Wales, the ban on lids of cups and oxo-degradable plastics will take effect in 2024, along with a ban on single-use plastic carrier bags.
In Scotland, the Environmental Protection (Single Use Plastic Products) (Scotland) Regulations 2021 came into force on 1 June 2022. The ban applies to single-use plastics (SUPs), not reusable items.
All three administrations are taking their lead from the EU Directive 2019/904 on the reduction of the impact of certain plastic products on the environment, which banned these items from 3 July 2021. The full list of banned SUP items includes:
cutlery (forks, knives, spoons, chopsticks)
plates, trays/platters, bowls
plastic straws
beverage stirrers
plastic balloon sticks
food containers made of expanded polystyrene
cups and other beverage containers made of expanded polystyrene, including their covers and lids.
These are the same “problem plastics” which signatories to the WRAP Plastics Pact have pledged to eliminate by 2025.
The ban extends to items in these categories made of biodegradable, compostable and bio-based plastics. Bowls/trays, etc which are supplied as part of ready meals are not covered — these will instead fall within the Extended Producer Responsibility regime.
All of these bans relate only to single-use plastics, so they would not affect compostable items made of materials like wood, paper and bamboo. However, it is important to note that oxo-degradable products are covered by the ban. These are manufactured by mixing conventional plastics with organic additives such as starch. They do not break down in the environment, are not compostable and the plastic element can cause great harm to wildlife.
Food businesses will need to plan ahead to ensure that the cutlery, plates and cups they use are either compostable or, even better, reusable. There are many compostable items on the market. To get genuine compostable food packaging products, look for the words “compostable”, “BPI certified” or “meets ASTM-D6400 standard”. BPI refers to the Biodegradable Products Institute, and the ASTM standard denotes a product which can be composted in a municipal or commercial facility. Even these products may not break down in a home composting vessel. Products which are described as “biodegradable” may not be compostable at all.
