Single-use plastics
The manufacture and supply of certain single-use plastic products is prohibited
In this guide, the words 'must' or 'must not' are used where there is a legal requirement to do (or not do) something. The word 'should' is used where there is established legal guidance or best practice that is likely to help you avoid breaking the law.
This guidance is for Wales
The Environmental Protection (Microbeads) (Wales) Regulations 2018 prohibit the manufacture and sale of rinse-off personal care products containing plastic microbeads.
The Environmental Protection (Single-use Plastic Products) (Wales) Act 2023 prohibits in Wales the supply, or offering to supply:
- to end users: single-use plastic straws, cotton buds, plates, trays and bowls
- to businesses and end users: plastic drink stirrers, cutlery and balloon sticks, and expanded or foamed extruded polystyrene food or drink containers (including cups)
The Act also allows for the Welsh Government to add to or amend the list of single-use plastic products that are subject to the ban.
There are some exemptions to these prohibitions.
DAMAGE CAUSED
Tackling plastic pollution and the negative impact it has on our climate, environment, nature, and health and well-being is a key priority for the Welsh Government.
In 2018, research undertaken by the European Commission found that 80% to 85% of marine litter, measured by beach-litter surveys, is plastic, with single-use plastic items representing 50% of the total marine litter. The research found that most littered items on European beaches were those associated with 'on-the-go' food and drink packaging. As plastic can break down over time into smaller pieces, it can be difficult to identify its origin.
The pieces of plastic used as microbeads are washed down the drain after use and cannot be filtered out by many wastewater treatment plants. Therefore, they easily enter and pollute waterways. Although microbeads only represent a small proportion of the plastic waste in the ocean, fish and other marine animals can eat them (because of their size), introducing potentially toxic substances into the food chain. According to a report by the Environmental Audit Committee, a single shower can flush as many as 100,000 microbeads, with this adding up to 86 tonnes per year from the UK alone.
Studies in Wales suggest that single-use plastic litter is also prevalent in our local environment. For example, the Welsh Government's compositional analysis of litter found plastic items in 40% (by item count) of the total sample analysed. Welsh beach and street cleanliness surveys have also confirmed the presence of many of the items found by the European Commission's research.
Plastic cotton bud stems are consistently observed to constitute approximately 5-10% of marine debris surveyed in European seas. Fish and other marine animals can eat them (because of their size), introducing potentially toxic substances into the food chain. They also increase the risk to public health from contact on beaches and bathing waters. The Cotton Bud Project has demonstrated that manufacturers and retailers are able to trade in viable biodegradable alternative products and therefore there is no known reason why other companies would be unable to follow this best practice.
The Chief Medical Officer for Wales Annual Report for 2021-22, Restoring our Health, highlights that climate change is a pressing public health issue, which will increasingly dominate our lives as it adversely affects the most basic health requirements: clean air, safe water, sufficient food and adequate shelter. It affects the environment around us - the places where we live, work, learn and play - and can have a profound impact on our health and well-being. The report examines the need to prepare, mitigate and adapt for climate change in Wales. The people of Wales are central in making these changes by choosing to use alternatives such as paper straws, cups and plates, and wooden cutlery. Switching to these widely used alternative products, that offer little change for most in consumer experience, will lead to long-term environmental benefits, although there may be short-to-medium term disruption for retailers and consumers if suitable alternative products to those removed are not available at an affordable cost.
PRODUCTS COVERED BY THE BAN
The ban applies to single-use plastic products supplied to consumers in Wales, namely:
- cutlery
- plates
- stirrers
- drinking straws (this product has an exemption for health needs)
- plastic stemmed cotton buds
- balloon sticks
- expanded or foamed extruded polystyrene fast-food containers*
- expanded or foamed extruded polystyrene cups*
- microbeads, when they are used in a 'rinse-off personal care product' (see 'Definitions' below)
[*Other types of takeaway cups and food containers are not included in the ban, even if made of other plastic materials.]
DEFINITIONS
The Act defines 'plastic' as "a material consisting of a polymer, other than an adhesive, paint or ink, and includes a material consisting of a polymer that has other substances added to it". For the purposes of the Act, 'polymer' means "a polymer that can function as the main structural component of a product" and "does not include a natural polymer that has not been chemically modified".
While the primary focus of the ban pertains to traditional 'synthetic' plastics derived from crude oil, natural gas or coal, the Act extends its coverage to encompass other varieties of single-use plastics. These additional categories may include bio-based plastics, which serve as direct substitutes for their fossil-fuel counterparts due to their identical chemical composition and properties. Similarly, fossil-fuel-based compostable plastics, while touted as environmentally friendly alternatives, may pose challenges. This is because they often require specific conditions for proper decomposition, and their manufacturing processes may involve the use of toxic chemicals, potentially introducing contamination risks to the recycling stream and leading to the formation of microplastics.
A 'microbead' is defined in the Regulations as "any water-insoluble solid plastic particle of less than or equal to 5 mm in any dimension".
A 'rinse-off personal care product' is defined in the Regulations as "any substance, or mixture of substances, manufactured for the purpose of being applied to any relevant human body part in the course of any personal care treatment, by an application which entails at its completion the prompt and specific removal of the product (or any residue of the product) by washing or rinsing with water, rather than leaving it to wear off or wash off, or be absorbed or shed, in the course of time".
The microbeads ban only applies to those made of plastic. Please note that the Environmental Protection (Microbeads) (Wales) Regulations 2018 have a slightly different definition of 'plastic' to that given above. For the full definition, see regulation 2 (the link to the Regulations is given in 'Key legislation' below).
IDENTIFYING WHETHER MICROBEADS ARE CONTAINED IN RINSE-OFF PERSONAL CARE PRODUCTS
Although the ban covers plastic microbeads up to 5 mm in dimension, many are much smaller than this and it can be difficult to identify them and determine what compounds they contain.
Rinse-off personal care products containing microbeads have a granular appearance and larger microbeads can be seen with the naked eye and felt by the texture of the product between the fingers. Smaller microbeads are more difficult to see and feel, and it is not usually possible to determine whether the microbeads are plastic or legally permitted soluble alternatives.
The ingredients list can be useful in identifying the presence of plastics such as polyethylene and polyethylene terephthalate, which are common ingredients of plastic microbeads. The product information file (PIF) for the cosmetic must also contain information about the presence of microbeads. All cosmetic products must have a PIF, so distributors and retailers may request this information from the manufacturer.
EXEMPTIONS
There are several exceptions to the prohibitions to allow for situations where these items may be required due to disability or accessibility issues.
The following supplies of single-use plastic straws are permitted:
- from a registered pharmacy, but products must not be displayed or advertised in-store and are only to be sold to consumers who need them for health or disability reasons
- from a catering establishment (pubs, clubs, restaurants, canteens, etc) where supplied for immediate consumption of food or drink. They must only be supplied if requested and not made available for customers to help themselves. They cannot be offered either verbally or in writing, and should only be supplied if the establishment believes the consumer needs one for health or disability reasons (consumers do not have to provide any evidence or proof to be provided with a single-use plastic straw)
- for use as a medical device or for a medical purpose. This includes preventative medicine, medical diagnosis, research, treatment and care
- for use as packaging for a product - for example, certain medicines. This does not exempt drinking straws supplied with drinks cartons
CARRIER BAGS
For information on plastic carrier bags, please see 'Single-use carrier bags'.
FURTHER INFORMATION
The Welsh Government has published guidance for businesses on the Environmental Protection (Single-use Plastic Products) (Wales) Act 2023.
TRADING STANDARDS
Failure to comply with Trading Standards law can lead to enforcement action and sanctions, which may include a fine and/or imprisonment. For more information please see 'Trading Standards: powers, enforcement and penalties'.
Alongside the Trading Standards enforcement powers, there are civil sanctions, which include monetary penalties, compliance notices and stop notices.
IN THIS UPDATE
This guide has been combined with the 'Microbeads' guide, which has been deleted.
Last reviewed / updated: June 2024
Key legislation
Please note
This information is intended for guidance; only the courts can give an authoritative interpretation of the law.
The guide's 'Key legislation' links may only show the original version of the legislation, although some amending legislation is linked to separately where it is directly related to the content of a guide. Information on changes to legislation can be found on each link's 'More Resources' tab.
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