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

Schedule

69.The Schedule is introduced by section 2 and includes a table that sets out the prohibited single-use plastic products under the Act. The prohibited single-use plastic products listed in column 1 of the table are as follows:

  • Cups

  • Cutlery

  • Drink-stirrers

  • Lids for cups or takeaway food containers

  • Straws

  • Plates

  • Takeaway food containers

  • Balloon sticks

  • Carrier bags

  • Cotton buds

  • Any product made of oxo-degradable plastic

70.In the main, a product is listed in Column 1 irrespective of the type of plastic it is made from. The only exception to this principle is products made of oxo-degradable plastic. These products are prohibited on account of the type of plastic they are made from rather than because of the product itself. Supply of oxo-degradable products is prohibited in all cases whether or not the product is also listed elsewhere in the table and might be subject to exemptions in that capacity. For example, supply of a single-use plastic carrier bag that is subject to an exemption would not in fact be exempted if the bag is made of oxo-degradable plastic.

71.Column 2 of the table provides for exemptions that apply in respect of a particular type of product or the purpose for which the product is supplied. These include exemptions for any cup or takeaway food container that is not made from expanded or foamed extruded polystyrene and an exemption for supply of a single-use plastic straw to a person who requires it for health or disability reasons.

72.The Welsh Ministers have the power under section 3 to make regulations to amend these exemptions in the future; for example, they might remove the exemption for cups or takeaway food containers made of plastic other than polystyrene.

73.The Schedule also provides for the definitions for the prohibited single-use plastic products listed in the table, and for the definitions of terms used in the exemptions in column 2 of the table.

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Text created by the Welsh Government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of Senedd Cymru.

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