The Environmental Protection (Single-use Plastic Products) (Scotland) Regulations 2021

PART 2 Single-use plastic products and single-use expanded polystyrene products

Offences: single-use plastic products and single-use expanded polystyrene products

3.—(1) A person who, in the course of a business, supplies, offers to supply, or has in their possession for supply any of the products referred to in paragraph (4) commits an offence.

(2) A person who uses expanded polystyrene to manufacture any of the products referred to in sub-paragraphs (4)(a) to (c) commits an offence.

(3) A person who uses plastic to manufacture any of the products referred to in sub-paragraphs (4)(d) to (f) commits an offence.

(4) The products are—

(a) single-use expanded polystyrene beverage containers,

(b) single-use expanded polystyrene beverage cups,

(c) single-use expanded polystyrene food containers,

(d) single-use plastic beverage stirrers,

(e) single-use plastic cutlery,

(f) single-use plastic plates.

(5) A person who commits an offence under paragraph (1), (2) or (3) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Offence: single-use plastic balloon sticks

4.—(1) A person who, in the course of a business, supplies, offers to supply, or has in their possession for supply a single-use plastic balloon stick commits an offence.

(2) Paragraph (1) does not apply where the single-use plastic balloon stick is supplied for attaching to balloons for industrial or other professional uses and applications that are only distributed to persons acting in the course of a business.

(3) A person who commits an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Offence: single-use plastic straws

5.—(1) A person who, in the course of a business, supplies, offers to supply, or has in their possession for supply, to an end-user, a single-use plastic straw commits an offence.

(2) Paragraph (1) is subject to the exemptions in regulations 6 to 11.

(3) A person who commits an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Exemption: medical devices and medical purposes

6.—(1) Regulation 5(1) does not apply to the supply of a single-use plastic straw—

(a) that is a medical device, or

(b) for use for medical purposes.

(2) In this regulation—

(a) “medical device” means a medical device within the meaning given in regulation 2 of the Medical Devices Regulations 2002(1), to which Part 2 or Part 3 of those Regulations applies, and

(b) “medical purposes” means the purposes of preventative medicine, medical diagnosis, medical research and the provision of medical care and treatment.

(3) This regulation does not apply to the supply of a single-use plastic straw by a retail pharmacy business or by a catering establishment.

Exemption: retail pharmacy business

7.—(1) Regulation 5(1) does not apply to the supply of a single-use plastic straw by a retail pharmacy business in the cases referred to in paragraph (2), provided that the conditions in paragraph (3) are complied with.

(2) For the purposes of paragraph (1), the cases are where the single-use plastic straw is supplied to an end-user—

(a) at a registered pharmacy, or

(b) by means of online or other distance selling arrangements.

(3) The conditions are that the single-use plastic straws—

(a) must not be advertised to customers by the retail pharmacy business, and

(b) if supplied at a registered pharmacy—

(i) must not be kept in a place where they are visible to customers, or where customers can access them, and

(ii) must not be offered or provided to a customer unless the customer has requested them.

(4) The condition in paragraph (3)(a) does not prohibit the display of single-use plastic straws for sale on a website or an application through which the retail pharmacy business sells products online.

(5) The condition in paragraph (3)(b)(ii) does not prohibit the offering or provision of single-use plastic straws which are medical devices or for use for medical purposes to a customer who has not requested them.

(6) In this regulation, “registered pharmacy” and “retail pharmacy business” have the meanings given in regulation 8(1) of the Human Medicines Regulations 2012(2).

Exemption: catering establishments

8.—(1) Regulation 5(1) does not apply to the supply by a catering establishment of a single-use plastic straw together with food or drink which is supplied for immediate consumption, provided that the conditions in paragraph (2) are complied with.

(2) The conditions are that the single-use plastic straws—

(a) must not be kept in a place where they are visible to customers, or where customers can access them, and

(b) must not be offered or provided to a customer unless the customer has requested them.

(3) In this regulation, “catering establishment” means a restaurant, canteen, club, public house or similar establishment (including a vehicle or a fixed or mobile stall) which supplies food or drink that is ready for consumption without further preparation.

Exemption: other establishments

9.—(1) Regulation 5(1) does not apply to the supply of a single-use plastic straw in a—

(a) care home,

(b) school,

(c) premises used for early learning and childcare, day care of children or child minding, or

(d) prison or other place of detention.

(2) In this regulation—

(a) “care home” means accommodation that is provided as a care home service within the meaning given in paragraph 2 of schedule 12 of the Public Services Reform (Scotland) Act 2010(3),

(b) “child minding” has the meaning given in paragraph 12 of schedule 12 of that Act(4),

(c) “day care of children” has the meaning given in paragraph 13 of schedule 12 of that Act,

(d) “early learning and childcare” has the meaning given in section 46 of the Children and Young People (Scotland) Act 2014(5),

(e) “prison” means—

(i) a prison within the meaning of section 43 of the Prisons (Scotland) Act 1989(6),

(ii) a young offenders institution within the meaning of section 19(1)(b) of that Act(7), and

(f) “school” has the meaning given in section 135(1) of the Education (Scotland) Act 1980(8).

Exemption: support service which provides personal care or personal support

10.—(1) Regulation 5(1) does not apply to the supply of a single-use plastic straw for use in the course of a support service which provides personal care or personal support.

(2) In this regulation—

“personal care” and “personal support” have the meanings given in paragraph 20 of schedule 12 of the Public Services Reform (Scotland) Act 2010, and

“support service” has the meaning given in paragraph 1 of schedule 12 of the Public Services Reform (Scotland) Act 2010(9).

Exemption: packaging

11.—(1) Regulation 5(1) does not apply to the supply of a single-use plastic straw that is packaging.

(2) In this regulation, “packaging” has the meaning given in regulation 3 of the Packaging (Essential Requirements) Regulations 2015(10).

(1)

S.I. 2002/618, as relevantly amended by S.I. 2008/2936.

(2)

S.I. 2012/1916, to which there are amendments not relevant to these Regulations.

(3)

2010 asp 8.

(4)

Paragraph 12(e) was amended by S.S.I. 2013/211.

(5)

2014 asp 8.

(6)

1989 c. 45.

(7)

Section 19(1)(b) was amended by section 23(1) of the Criminal Justice (Scotland) Act 2003 asp 7.

(8)

The definition of “school” was amended by schedule 3 of the Standards in Scotland’s Schools etc. Act 2000 asp 6 and the section 2(2) of the Registered Establishments (Scotland) Act 1987 c. 4.

(9)

The definition of “support service” is modified by S.S.I. 2012/44.

(10)

S.I. 2015/1640, to which there are amendments not relevant to these Regulations.