Since the UK’s single-use plastic (SUP) ban was introduced in October 2023, there have been ongoing challenges with compliance. Despite the law being in effect for over a year, some retailers and online marketplaces continue to sell banned plastic products or attempt to bypass the regulations by relabelling items as reusable.
For instance, plastic cutlery is sometimes marketed as reusable without any design modifications, undermining the ban’s intent.
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This problem has raised concerns among industry groups, who argue that loopholes in the legislation are undermining efforts to reduce plastic waste.
FPA’s advocacy for stricter enforcement
The Foodservice Packaging Association (FPA), representing various stakeholders in the industry, has been vocal about the need for more robust enforcement and clearer legislation.
Executive Director Martin Kersh stated, “We are starting to see a small number of listings of banned products being withdrawn. It’s an uphill battle, but it’s critical we do what we can to protect the interests of our members, who are being disadvantaged by these law-breaking operators.”
To address the increasing number of breaches, the FPA has funded a Primary Authority Partnership with Trading Standards. Despite limited resources, Trading Standards are collaborating with the FPA to support compliance efforts.
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By GlobalDataDefra’s clarification and remaining concerns
The Department for Environment, Food & Rural Affairs (Defra) has issued guidance to clarify definitions of single-use and reusable products, aiming to address the issue of relabelling.
According to the guidance, a product is considered single-use if it is not designed or intended for reuse, and reusable if it can be used safely and easily multiple times for its original purpose.
The guidance emphasises that simply relabelling a banned single-use product without making any changes does not make it reusable, and that unchanged single-use products remain banned under the current regulations.
However, the FPA remains concerned that these clarifications may not be sufficient to deter non-compliance. Kersh argues, “How will Trading Standards prove that a product hasn’t been altered? Devious traders will argue that their plastic cutlery can be reused, even if they know it won’t be.”
The FPA has proposed that products only be classified as reusable if they are part of a formal reuse system, such as one involving deposits or industrial cleaning processes, which is currently not feasible for plastic cutlery.
Kersh adds, “Without such systems in place, it’s time to make the use of so-called reusable plastic cutlery illegal whenever it is removed from a foodservice provider’s premises.”
While the updated guidance and the inclusion of a reporting mechanism for businesses breaking the law are steps forward, the FPA remains concerned that these measures may not be enough to deter determined offenders.
Kersh concludes, “Unfortunately, the door remains ajar for those willing to exploit the loopholes and it is ridiculous a trade association has no option other than to fund a partnership with Trading Standards to get these bans enforced.”
