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The Environmental Protection (Single-use Plastic Products) (Wales) Act 2023

Current text a fecha 2023-06-07

Prohibition on the supply of certain single-use plastic products

Key concepts: “plastic product”, “single-use” and “plastic”

1

Prohibited single-use plastic products

2

Prohibited single-use plastic products: power to amend

3

Power to amend: duties relating to sustainable development and reporting

4

Offence

Offence of supplying prohibited single-use plastic product

5

Offence: mode of trial and penalty

6

A person guilty of an offence under section 5 is liable on summary conviction to a fine.

Enforcement

Enforcement action by local authorities

7

Power to make test purchases

8

An authorised officer of a local authority may make such purchases and arrangements, and secure the provision of such services, as the officer considers necessary for the purpose of the exercise of the local authority’s functions under this Act.

Power of entry

9

Power of entry: residential premises

10

Power of entry: other circumstances requiring warrant

11

Powers of entry: supplementary

12

Power of inspection

13

Offence of obstruction etc. of officers

14

Retained property: appeals

15

Appropriated property: compensation

16

Civil sanctions

17

Offences committed by partnerships and other unincorporated associations

18

Criminal liability of senior officers etc.

19

that senior officer or person (as well as the body corporate, partnership or association) is guilty of the offence and liable to be proceeded against and punished accordingly.

General

Interpretation

20

In this Act–

Regulations

21

Coming into force

22

Short title

23

The short title of this Act is the Environmental Protection (Single-use Plastic Products) (Wales) Act 2023.

SCHEDULE

1

This is the Table referred to in section 2.

Product Exemption
Products for consumption of food and drink Products for consumption of food and drink
Cups A cup that is not made of expanded or foamed extruded polystyrene.
Cutlery
Drink-stirrers
Lids for cups or takeaway food containers A lid that is not made of polystyrene.
‍Straws Exemption 1 In respect of the sale of a straw by a person (“P”) who is lawfully conducting a retail pharmacy business where— P— is a sole trader and the transaction is carried out by P personally, or is carried out on behalf of P by a pharmacist or an individual acting under the supervision of a pharmacist (including P), or is not a sole trader and the transaction is carried out on behalf of P by a pharmacist or an individual acting under the supervision of a pharmacist, and the consumer to whom P supplies the straw declares that they need the straw, or a person to whom they will give the straw needs the straw, for health or disability reasons. Exemption 2 In respect of the provision of a straw free of charge by a person (“P”), where the consumer to whom P supplies the straw (“A”)— is in P’s care, and P, or an individual providing care to A on behalf of P, reasonably believes that A needs the straw for health or disability reasons. Exemption 3 In respect of the provision of a straw free of charge by a person (“P”), where the consumer to whom P supplies the straw declares that they need the straw, or an individual to whom they will give the straw needs the straw, for health or disability reasons. Exemption 4 A straw that is supplied for a purpose connected to the provision of medical care or treatment.
Plates
Takeaway food containers A takeaway food container that is not made of expanded or foamed extruded polystyrene.
Other products Other products
Balloon sticks
Carrier bags Exemption 1 A carrier bag that— has maximum dimensions of 125mm (height) x 125mm (width), does not have a gusset, and does not have handles. Exemption 2 A carrier bag, of a size commensurate to the size or nature of the items to be carried, supplied for the purpose of carrying items of the following description— raw fish, meat or poultry (including raw fish, meat or poultry products) for human or animal consumption (whether or not the item is packaged); any other food for human or animal consumption that is unpackaged; food for human or animal consumption (to the extent the item does not fall within paragraph (a) or (b)) provided free of charge; unpackaged seeds, bulbs, corms or rhizomes; unpackaged goods contaminated by soil; unpackaged blades or bladed articles; unpackaged items made of paper; personal hygiene products provided free of charge; live aquatic creatures in water. Exemption 3 A carrier bag that is supplied for the purpose of carrying alcohol or tobacco in an area designated as a security restricted area under section 11A of the Aviation Security Act 1982 (c. 36).
Cotton buds
Products made of oxo-degradable plastic Products made of oxo-degradable plastic
Any product made of oxo-degradable plastic, whether or not— that product appears elsewhere in this table, and the particular type of the product, or the purpose for which that product (or particular type of product) is supplied, would otherwise be exempted by way of an entry in column 2.
2

For the purposes of the Table—

Key concepts: “plastic product”, “single-use” and “plastic”

Prohibited single-use plastic products

Prohibited single-use plastic products: power to amend

Power to amend: duties relating to sustainable development and reporting

Offence of supplying prohibited single-use plastic product

Offence: mode of trial and penalty

Enforcement action by local authorities

Power to make test purchases

Power of entry

Power of entry: residential premises

Power of entry: other circumstances requiring warrant

Powers of entry: supplementary

Power of inspection

Offence of obstruction etc. of officers

Retained property: appeals

Appropriated property: compensation

Civil sanctions

Offences committed by partnerships and other unincorporated associations

Criminal liability of senior officers etc.

Interpretation

Regulations

Coming into force

Short title

Editorial notes

[^key-66a6ed16c57a5a19171a2bbcfd82889e]: S. 1 not in force at Royal Assent, see s. 22(2)

[^key-fb526a8e2fd45102a6243e62baad9a4f]: S. 2 not in force at Royal Assent, see s. 22(2)

[^key-05b085597eb19f4b2050755b159c4063]: S. 3 in force at 7.6.2023, see s. 22(1)

[^key-5a8291b0a897268dd093649ffd99a925]: S. 4 in force at 7.6.2023, see s. 22(1)

[^key-5f49bbb06a2d2e0896243c7d46e16873]: S. 5 not in force at Royal Assent, see s. 22(2)

[^key-2fb36b7a96ffc4c2fd82ea5d03e3ff17]: S. 6 not in force at Royal Assent, see s. 22(2)

[^key-deb053a194a1c30d692e9f218cbaf193]: S. 7 not in force at Royal Assent, see s. 22(2)

[^key-515c0439e044345ce26a3aff18984f9e]: S. 8 not in force at Royal Assent, see s. 22(2)

[^key-ac649df7b6de3fb70060d28a98a65c58]: S. 9 not in force at Royal Assent, see s. 22(2)

[^key-23d0c35e2f8ce39cafa7ba01a3976fb2]: S. 10 not in force at Royal Assent, see s. 22(2)

[^key-0b89b39b679b3296cb7cb3fbe289dda4]: S. 11 not in force at Royal Assent, see s. 22(2)

[^key-fe0a45f9eca098b4c9eb2027c833c9c1]: S. 12 not in force at Royal Assent, see s. 22(2)

[^key-bd96373a25c764466e48593a89f75c47]: S. 13 not in force at Royal Assent, see s. 22(2)

[^key-90a94954a31997cd176396b356d56ba1]: S. 14 not in force at Royal Assent, see s. 22(2)

[^key-5da3c874482a39319acb3e15143e7a21]: S. 15 not in force at Royal Assent, see s. 22(2)

[^key-5cadba733fb7907063c0edca81241a51]: S. 16 not in force at Royal Assent, see s. 22(2)

[^key-84878f0576a8635866410e14820d326b]: S. 17 in force at 7.6.2023, see s. 22(1)

[^key-d995235b5b501a1d023ad43f8435457d]: S. 18 not in force at Royal Assent, see s. 22(2)

[^key-80bbbc56a616f9ed6355db57b832ad63]: S. 19 not in force at Royal Assent, see s. 22(2)

[^key-b1527d6742b133148aea3c657ba85370]: S. 20 not in force at Royal Assent, see s. 22(2)

[^key-538ede10a63172fa825081588f902866]: S. 21 in force at 7.6.2023, see s. 22(1)

[^key-8b7a4b5e3fcce3a0cbce81210ed43159]: S. 22 in force at 7.6.2023, see s. 22(1)

[^key-7c06811653b0f2ed00b4302d1a313ba4]: S. 23 in force at 7.6.2023, see s. 22(1)

[^key-006e9092fa763299b0f6555693233299]: Sch. para. 1 not in force at Royal Assent, see s. 22(2)

[^key-3f6b63ceb0729821f566479a3ccd8103]: Sch. para. 2 not in force at Royal Assent, see s. 22(2)