The Environmental Protection (Single Use Plastic Products) (Wales) Bill is the legislation being used by the Welsh government to ban a number of plastic items including plastic cutlery, plates, polystyrene lids, takeaway containers and straws.
The FPA is concerned that powers could be given to Welsh ministers to modify the proposed bans and bring in new items under secondary legislation without consultation. While minsters will be required to explain their actions, there is no requirement to sound-out stakeholders. Bearing in mind a mistake in definition of a material could result in an item being unintentionally banned, it is important to ensure full consultations take place before key changes are made. Each item is unique and has its own consequences, if banned, to be included in a general sweep of items for banning without consultation.
The items in the Bill are described as commonly littered, even though litter surveys do not provide evidence for this - the most littered items are not included. The bill will contribute little towards the policy intention of reducing litter, and will result in hardship for many retailers, while those who litter will not change their behaviour as a consequence of a change in material, because the Bill simply replaces one type of litter with another.
The FPA has called for a six-month period for stocks to be used up, from the Bill coming into force. This was given by Defra to use up plastic straws. There is a prospect of retailers being fined because the powers to enter premises and homes might reveal leftover stock in store cupboards which hasn’t been scrapped and isn’t being used. Retailers and distributors may each be left with small amounts but added together this represents significant amounts of packaging that could be put to good use.
It is clear Wales will be seeking an exemption to the UK Internal Market Act, as Scotland has done. As more exemptions to the IMA are granted, the FPA fears for the future of the IMA, making it difficult to trade freely with all four nations and making it less worthwhile.
For PS lids, the FPA highlighted there may be shortages of alternative lids suitable for hot drinks, with some hot drinks lids being served without a secure seal. While alternatives exist, it is a question of availability to service a whole country.
The ban is yet another measure resulting in increased costs, particularly for smaller operators faced with an increasing mountain of new legislation, coupled with increasing operating costs. All these measures add up and ultimately make survival for takeaways and cafes increasingly difficult, while making the sector less attractive for new entrants especially in areas of low income.
We’d love to hear from you whether it’s about potential membership, a query or question about foodservice packaging or if you’d like to talk to someone. Use our contact form and we’ll get back to you.