Scotland has become the first part of the UK to implement market restrictions (effectively a ban) on many of the most problematic single-use plastics, with legislation that came into force at the start of June 2022.
The regulations come into force following a six month grace period, during which Zero Waste Scotland ran a business campaign to raise awareness on how to prepare.
The ban was initially under threat from the UK Internal Market Act, which came into effect on August 12. This would have rendered the ban ineffective as businesses in Scotland would have been able to supply banned items that originated from the rest of the UK. However, 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 ban, meaning that it is now in full effect across Scotland, regardless of whether products are produced or first imported into other parts of the UK>
Several single-use plastic items listed are fully banned in Scotland unless an exemption applies (e.g. single-use plastic straws). It estimated about 700 million of these single-use items are currently used in Scotland every year.
The ban means it is unlawful to make and supply commercially any of the following single-use plastic items, which are most commonly found as marine litter in Europe:
- Cutlery (forks, knives, spoons, chopsticks and other similar utensils)
- Plates
- Beverage stirrers
- Food containers made of expanded polystyrene
- Cups and lids made of expanded polystyrene
These items are subject to exemptions which allow them to be supplied in particular settings and circumstances:
- Plastic straws
- Plastic balloon sticks
All the restrictions apply to both online and in-store sales, whether they are free or charged for. “Supply” is defined as “supply, whether by sale or not” so supply in the course of a business would include businesses making donations or gifts of items, whether the business donates or gifts to charities in Scotland or in other countries.
Enforcement will be the responsibility of local authorities and failure to comply with the regulations carries a maximum fine of £5,000.
Plans for similar restrictions have been announced in England.
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