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

Introduced by section 2

SCHEDULE E+W PROHIBITED SINGLE-USE PLASTIC PRODUCTS

1 E+W This is the Table referred to in section 2.

TABLE

Product	Exemption
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— (a) P— (i) 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 (ii) 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 (b) 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”)— (a) is in P’s care, and (b) 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
Balloon sticks
Carrier bags	Exemption 1 A carrier bag that— (a) has maximum dimensions of 125mm (height) x 125mm (width), (b) does not have a gusset, and (c) 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— (a) raw fish, meat or poultry (including raw fish, meat or poultry products) for human or animal consumption (whether or not the item is packaged); (b) any other food for human or animal consumption that is unpackaged; (c) food for human or animal consumption (to the extent the item does not fall within paragraph (a) or (b)) provided free of charge; (d) unpackaged seeds, bulbs, corms or rhizomes; (e) unpackaged goods contaminated by soil; (f) unpackaged blades or bladed articles; (g) unpackaged items made of paper; (h) personal hygiene products provided free of charge; (i) 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
Any product made of oxo-degradable plastic, whether or not— (a) that product appears elsewhere in this table, and (b) 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.

Commencement Information

I1 Sch. para. 1 not in force at Royal Assent, see s. 22(2)

I2 Sch. para. 1 in force at 30.10.2023 for specified purposes by S.I. 2023/1149, art. 2(r)

2 E+W For the purposes of the Table—

• “balloon stick” (“ffon balŵn”) means a stick, including any attached mechanisms, designed to be attached to a balloon so that it may be carried or supported;

• “carrier bag” (“bag siopa”) means a bag, with or without handles, supplied for the purpose of carrying items sold or provided with the bag (and see also section 1(6));

• “cotton bud” (“ffon gotwm”) means a small, thin stick with cotton wool attached around one or both tips, designed to be used for cosmetic applications or personal or animal hygiene;

• “cup” (“cwpan”) means a cup designed to be used to hold liquid food or drink for consumption;

• “cutlery” (“cytleri”) means a fork, knife, spoon, chopstick or other utensil designed to be used for consuming or serving food;

• “drink-stirrer” (“tröydd diod”) means a stick designed to be used for stirring drink and liquid food;

• “expanded or foamed extruded polystyrene” (“polystyren ehangedig neu bolystyren allwthiedig ewynnog”) means polystyrene where the polymeric material is expanded at any point during its manufacture by any means (such as heat from steam and expansion during cooling) using any blowing agent (such as butane, pentane and propane);‍

• “lid” (“caead”) means a cover designed to retain the content in a cup or takeaway food container or to help maintain the temperature of the content of the cup or takeaway food container;‍‍

• “oxo-degradable plastic” (“plastig ocso-ddiraddiadwy”) means plastic containing‍ any substance added for the purpose of accelerating the oxidation and fragmentation of the plastic when exposed to heat or light (whether or not this is, or may be, followed by partial or complete breakdown of the material by microbial action);

• “retail pharmacy business” (“busnes fferyllfa fanwerthu”) means a business (other than a professional practice carried on by a doctor or dentist) which consists of, or includes, the retail sale of medicinal products that are not subject to general sale;

• “pharmacist” (“fferyllydd”) means—

  (a)

  in relation to Great Britain, a person registered in Part 1 of the register of pharmacists and pharmacy technicians maintained under article 19(2) of the Pharmacy Order 2010 (S.I. 2010/231), and

  (b)

  in relation to Northern Ireland, a person registered in the register of pharmaceutical chemists for Northern Ireland maintained under Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976 (S.I. 1976/123 (N.I. 22));‍

• “plate” (“plât”) means a flat receptacle designed to hold food for eating but not for serving;

• “straw” (“gwelltyn”) means a straw designed to be used for consuming drink and liquid food;

• “takeaway food container” (“cynhwysydd cludfwyd”) means a receptacle other than a plate (for example a bowl, box, cone, or tray), designed or manufactured to be used to take food away from the place where it is provided, and that food—

  (a)

  is ready to be consumed without any further preparation, such as cooking, boiling or heating, and

  (b)

  is normally consumed immediately.‍

Commencement Information

I3 Sch. para. 2 not in force at Royal Assent, see s. 22(2)

I4 Sch. para. 2 in force at 30.10.2023 by S.I. 2023/1149, art. 2(s)