Legislation EU Directive on SUP
Background
Since 2016 there has been heightened media and public attention regarding the amount of plastic in our oceans, rivers and streams, which has a harmful impact on marine life and the environment in general. The European Union, which has wide and varied coastlines & rivers across its 26 member states, is determined to be Global Leaders in preventing plastic pollution and, in May 2018, acted by publishing the EU Directive on Single-Use Plastics.
The EU conducted extensive research, which included many beach cleans & surveys across the whole of Europe. The proposal focuses on the 10 most commonly found items, which account for 86% of all single-use plastic items found on beaches and in our rivers, streams and oceans.
The outcome of this is the EU Directive on Single-Use Plastics, a 32-page document proposed on May 28th 2018 and passed on October 24th 2018, by the European Union and implemented in member states in July 2021.
Objectives & Definitions
1. Plastic Straw & Drink Stirrer ban effective from 1 st October 2020 with exemptions. The exemptions are to cater for those with medical and accessibility needs. The regulation extends to England & Wales and applies in relation to England only.
2. Plastic straws will be permitted in catering establishments on request only and for those with medical or accessibility needs; however, no proof of medical condition is required for those requesting straws. Catering establishments are not permitted to have plastic straws visible to customers or where they can access them. Anyone doing so is guilty of an offence. Anyone offering a plastic straw to an end-user is also guilty of an offence.
3. Plastic straws will be available to health sites and catering establishments from the pharmaceutical and wholesale sectors. Pharmacies must not display them in-store nor advertise them but do permit them to sell Plastic Straws online.
4. The ban on straws on beverage cartons came into force from 3rd July 2021.
5. Ban includes all Biodegradable and Compostable products meaning customers who are currently using PLA will need to switch to Paper or Plastic as the option for “on request”.
6. Plastic drink stirrers were banned for supply to end-users from 6th April 2020. There are no exceptions to this, and anyone displaying, selling or offering a plastic drinks stirrer will be guilty of an offence.
7. Plastic Straw Ban reviewed after 12 months to review effectiveness and impact on those with disabilities.
Penalties
Anyone identified displaying or having plastic straws visible in their establishment or anyone offering a plastic straw that has not been requested is guilty of an offence and can be prosecuted. In addition, anyone displaying, selling or offering a plastic drinks stirrer will be guilty of an offence. The penalty will be either a compliance notice or a fine of up to 10% of annual turnover.
What does this mean for my customers and me?
The ban has been effective since 1st October 2020. Therefore, you aren't permitted to sell (other than plastic straws for accessibility needs) those listed above (Plastic Straws, PLA Straws, Plastic Drink Stirrers & Cotton Buds). This means you need to be in a position to offer an alternative product to those you currently supply.
Summary
The ban is a slightly watered-down version of what was expected in that Plastic Straws are still permitted under certain circumstances. How this is policed is still to be determined, but fines will likely be implemented for those not adhering to the new law. Plastic drinks stirrers have been banned since 1st October 2020.