Scottish ban on single-use plastics takes effect

A legislation banning many of the most problematic single-use plastics in Scotland has come in force today (June 1).

It will be an offence for businesses in Scotland now to provide the items – which include plastic cutlery, plates and stirrers. According to the government estimates, around 700 million of these single-use items are currently used in Scotland every year.

“By banning some of the most problematic single-use plastic items in Scotland, we are turning our promises into action. Every year, hundreds of millions of single-use plastic are wasted, with many of them littering our beaches, waters and parks. This ban will encourage businesses to make the switch to reusable alternatives, helping to reduce litter and cut emissions,” Circular Economy Minister Lorna Slater said.

The Environmental Protection (Single-use Plastic Products) (Scotland) Regulations 2021 took effect following a six month grace period, during which Zero Waste Scotland ran a business campaign to raise awareness on how to prepare.

The legislation, which was passed by the Scottish Parliament during last year, includes exemptions for single-use plastic straws, to make sure that those who need them for independent living or medical purposes can still access them.

This ban was under threat from the UK Internal Market Act. The act would have rendered the ban ineffective as businesses in Scotland would have been able to supply banned items that originated from the rest of the UK.

The Scottish government pressed for UK ministers to exclude the Scottish ban from the act, eventually securing an exclusion for the ban which will come into force shortly after 1 June.

“Protecting Scotland’s environment is a devolved matter and key decisions like this one should be ours to make,” Slater said.

“The Scottish government pressed repeatedly for, and finally secured, an exclusion from the act for our ban. While we are frustrated that the exclusion will not be in force by 1 June, it will follow soon after, meaning this important ban will be fully effective across Scotland. Regardless of the delay in the exclusion, we’d encourage everyone to ditch these harmful items now.”

The ban applies to the following single-use items: plastic cutlery (forks, knives, spoons, chopsticks), plates, straws, beverage stirrers and balloon sticks; food containers made of expanded polystyrene; and cups and other beverage containers made of expanded polystyrene, including their covers and lids.

Enforcement will be the responsibility of local authorities, with aailure to comply with the regulations carrying a maximum fine of £5,000.

The exclusion from the UK Internal Market Act was agreed as part of the Common Frameworks programme which was agreed by the four governments of the UK to manage policy divergence in devolved areas after EU exit.

The exclusion will come into force following completion of the relevant UK Parliamentary procedures. Until this process is complete, the Scottish regulations will only apply to products manufactured in or imported directly into Scotland.