Commencement:1st October 2020, except for regulation 4(3) and 4(4). Regulation4(3) and 4(4) come into force 3rd July 2021.

Lists all the offences relating to the sale of single-use plastic straws, cotton buds and stirrers, as well as the specific exemptions to these offences for businesses.

The purpose of these Regulations is to restrict the supply of single-use plastic straws, single-use plastic stemmed cotton buds and plastic drink stirrers, to prevent pollution of the environment or harm to the health of humans and animals. It also serves to promote transition to a circular economy (i.e. a model of production and consumption that involves sharing, leasing, reusing, repairing, refurbishing and recycling existing materials and products for as long as possible).  

The Regulations apply to businesses and organisations which supply or offer to supply these products to end users and are put in place to meet the requirements of Directive (EU) 2019/904 on the reduction of the impact of certain plastic products on the environment (“Single-Use Products Directive”).

Offences

The following actions constitute an offence (punishable by a fine):

• To supply or offer to supply a single-use plastic straw to an end user.
• To supply or offer to supply to an end user a drink product with an attached plastic straw.
• To supply or offer to supply a single-use plastic stemmed cotton bud to an end user.
• To supply or offer to supply a plastic drink stirrer.

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Single-use plastic straws

Exemption: retail pharmacy businesses
The supply of single-use plastic straws may be permitted by a retail pharmacy at a registered pharmacy. In this case, they must not be advertised to customers and must not be kept in a place where they are visible to customers, or where customers can access them. They must not be offered or provided to a customer unless the customer has requested them. They may also supply single-use plastic straws on an online platform if they use this platform to sell products online.

Exemption: supply of existing stock

The supply of single-use plastic straws may be permitted if:

• the supply or offer to supply is made within the period of 6 months beginning on 21st September 2020; or
• the person supplying or offering to supply the product obtained the product before 21st September 2020.

Exemption: catering establishments:

A catering establishment (I.e. a restaurant, canteen, club, public house or similar establishment (including a vehicle or a fixed or mobile stall) which supplies food or drink, ready for consumption without further preparation.) may supply single-use plastic straws with food or drink for immediate consumption. They must not be visible or accessible to customers and must not be offered or provided to a customer unless requested.

Exemption: relevant devices and medical purposes

The supply of single-use plastic straws may be permitted in the supply of a product:

• that is a relevant device (within the meaning given in Regulation 68(4) of the Medical Devices Regulations 2002);
• used for medical purposes by or under the direction of a health professional; or
• by a health professional for medical purposes.

Exemption: packaging.

The supply of single-use plastic straws may be permitted if the item supplied is packaging (I/e a product made of any materials of any nature used for the containment, protection, handling, delivery and presentation of goods).

Exemption: other establishments

The supply of single-use plastic straws may be permitted in:

• a care home;
• premises used for early years provision;
• a school; or
• a prison or other place of detention.

Affected businesses and organisations may not supply or offer to supply a drink product with an attached plastic straw to an end user unless the following exemptions apply.

• the product is a relevant device;
• the use of the product is necessary for medical purposes by or under the direction of a health professional; or
• the use of the product is necessary by a health professional for medical purposes.

Single-use plastic stemmed cotton buds

These Regulations make it an offence to supply or offer to supply a single-use plastic stemmed cotton bud to an end user.

Exemption: relevant devices and medical purposes

The supply of these may be permitted if:

• the product is a relevant device;
• the use of the product is necessary for medical purposes by or under the direction of a health professional; or
• the use of the product is necessary by a health professional for medical purposes.

Exemption: forensic purposes.

The supply may be permitted if they are supplied to a forensic service provider (any person that carries out laboratory activities at the request of competent law enforcement authorities).

Exemption: scientific purposes.

The supply may be permitted if they are supplied for scientific purposes (diagnostic, educational or research purposes).

Exemption: supply of existing stock

The supply may be permitted if:

• the supply or offer to supply is made within the period of 6 months beginning with the 21st September 2020; or
• the person supplying or offering to supply the product obtained the product before the 21st September 2020.

Plastic drink stirrers

The supply or offer to supply a plastic drink stirrer is not permitted unless the following exemptions apply:  

• Supply of existing stock
• the supply or offer to supply is made within the period of six months beginning with the 21st September 2020; or
• the person supplying or offering to supply the product obtained the product before the 21st September 2020.

Civil sanctions

Any person contravening restrictions in these Regulations will be liable to receive any of the following forms of civil sanctions:

• Variable monetary penalty
• Compliance notice
• Notice of intent
• Stop notice
• Non-compliance penalties

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