Retailers should be aware of the upcoming single-use plastic ban on certain items from 1st October 2023 in England. 

Government has recently published a guidance document to help businesses prepare. 

Here is the Single-Use Plastics Ban 2023 Toolkit, where retailers can find all the relevant resources and helpful Q&A.

The Regulations have now been laid before Parliament and it remains the Government's intention for them to come into force on 1st October.

The ban on these items will include:

  • online and over-the-counter sales and supply
  • items from new and existing stock
  • all types of single-use plastic, including biodegradable, compostable and recycled
  • items wholly or partly made from plastic, including coating or lining

‘Single use’ means the item is meant to be used only once for its original purpose.

How to prepare for the ban

You can prepare your business for the new rules by:

  • using up existing stock before 1 October
  • finding re-usable alternatives to single-use items
  • using different materials for single-use items

If you continue to supply banned single-use plastics after 1 October, you could be fined.

There are some exemptions to the ban, depending on the item.

Plates, bowls and trays

From 1 October you must not supply single-use plastic plates, trays and bowls to members of the public.

Exemptions

You can still supply single-use plastic plates, bowls and trays if either of the following apply:

  • you are supplying them to another business
  • the items are packaging (pre-filled or filled at the point of sale)

Examples of this type of packaging include:

  • a pre-filled salad bowl or ready meal packaged in a tray
  • a plate filled at the counter of a takeaway
  • a tray used to deliver food

Cutlery and balloon sticks

From 1 October you must not supply single-use plastic cutlery or balloon sticks.

There are no exemptions to this ban.

Polystyrene food and drink containers

From 1 October you must not supply ready-to-consume food and drink in polystyrene containers. This includes in polystyrene cups.

Polystyrene means expanded and extruded polystyrene.

Exemptions

You can still supply food or drink in polystyrene containers if it needs further preparation before it is consumed. For example, further preparation could mean:

  • adding water
  • microwaving
  • toasting

Inspections / Enforcement

Local authorities will carry out inspections to make sure the rules are being followed.

Inspectors can:

  • visit a shop or store
  • make test purchases
  • speak to staff
  • ask to see records

If you break the law, inspectors can order your business to cover the cost of the investigation.

Complaints about a business breaking the law can be made to Trading Standards.

Appealing a fine

You can appeal within 28 days of getting a fine if you think something is wrong. A letter with the fine will tell you what to do.

If you can show that you did everything you reasonably could to avoid breaking any rules, this would be an acceptable defence.

Get help

If you have any questions about what the new rules mean for your business, contact Plastics.Consultation@defra.gov.uk.

Technical information for manufacturers: expanded and extruded polystyrene

Polystyrene is a polymer made from styrene monomers. Only polystyrene that has been through a foaming process is in the scope of this ban. Foaming is a method of expansion of the material at any point during its manufacture, by any means (such as heat from steam, expansion during cooling), using any blowing agent (such as butane, pentane, propane).

Products made from polystyrene that has been expanded prior to fusion are expanded polystyrene (EPS) products.

Products made from polystyrene that has first been extruded, then expanded, are extruded polystyrene (XPS) products.

The following examples outline 2 manufacturing methods for EPS and XPS products. Other manufacturing processes for polystyrene products are also covered in the ban.

Expansion (foaming) prior to fusion (EPS)

  1. Expandable polystyrene beads.
  2. Beads impregnated with blowing agent.
  3. Beads heated in a steam chamber to allow for bead expansion (foaming).
  4. Expanded beads pumped into product mould.
  5. Mould is heated to fuse beads.
  6. Item released from mould.

Extrusion prior to expansion (foaming) (XPS)

  1. Polystyrene nurdles.
  2. Granules passed through an extruder to melt and for the addition of a blowing agent.
  3. Polystyrene passed out of an extruder, the reduced pressure and cooling allows for expansion (foaming).
  4. Polystyrene sheet formed into product shape.
  5. Polystyrene item cut from sheet.