We recently contacted Defra asking for clarification regarding some aspects of the single-use plastics ban in England, which came into effect on the 1st of October. We received a stock response that covered a number of topics and wanted to share this with you to help provide a clearer picture on some of the foggier parts of the legislation. The information below is their response in full.   

The full guidance for the upcoming single use plastic bans is available here: Single-use plastics ban: plates, bowls, trays, containers, cutlery and balloon sticks - GOV.UK (www.gov.uk) 

Please note that this applies to England only.  

Single-use Plastics Frequently Asked Questions:

What single use plastic items are/ will be subject to restrictions from 1 October 2023?

From 1 October 2023, the following items will be subject to restrictions: 

• Single use plastic plates, bowls, trays 
• Single use plastic cutlery 
• Single use plastic balloon sticks 
• Expanded and extruded polystyrene food and drinks containers 
• Expanded and extruded polystyrene cups 

Subject to existing restrictions: 

• Single use plastic straws 
• Single use plastic drink stirrers 
• Plastic stemmed cotton buds 
• Microbeads in rinse-off personal care products 
• We also continue to have a 10 pence charge for single-use plastic carrier bags. 

Only items listed here are subject to bans or restrictions. E.g., a cup that is not made from expanded or extruded polystyrene is not banned.  

Can I still supply single use plastic plates, bowls or trays filled with food for customers? E.g., a takeaway restaurant. 

Only when used for packaging. You can still supply single-use plastic plates, bowls and trays if the items are packaging (pre-filled or filled at the point of sale). 

An example of this would be a takeaway restaurant filling a single use plastic bowl with food and sending this to customers for consumption.

For clarity, plastic plates, bowls, and trays that are used as packaging can be used in eat-in and takeaway settings. However, we strongly encourage businesses to explore how they can reduce the use of these single-use items and move to reusable alternatives instead. 

Can I still supply single use plastic plates, bowls or trays if they are not filled at the point of sale but will be by another business? E.g., a business which supplies products for other businesses.

Yes, you can still supply single-use plastic plates, bowls and trays if you are supplying them to another business (even if they are not filled at the point of sale). 

An example of this would be a distribution company or supplier of single use plastic products that sell single use plastic plates, bowls or trays to another business. It is the responsibility of the other business to ensure these are then filled at the point of sale to the end user. 

Can I use biodegradable or compostable plastic alternatives?

No, biodegradable and compostable plastics are subject to the restrictions. These are still plastics (even if they are made from plant-based feedstocks). This is consistent with our previous single-use plastic bans. 

Are there any exceptions where I can supply single use plastic cutlery? 

No 

Are there any exceptions where I can supply single use expanded and extruded polystyrene food and drink containers? 

Yes, it is not our intention to ban polystyrene boxes used to transport unprocessed or unprepared food through the supply chain. For example, polystyrene boxes used to transport frozen fish are not in scope. 

You must not supply ready-to-consume food and drink in polystyrene containers. This includes in polystyrene cups. 

Can I still use up the existing stocks I have after 1 October 2023?

No, there are no provisions to use up existing stock, so from 1 October these items will be subject to restrictions. 

The government response, published in January, set out that these restrictions would be introduced from October 2023 and that businesses should start preparing. This gave businesses an extension from April to October this year to ensure they have time to prepare for the ban and use excess stock.