PART 2Single-use plastic straws
Offence: supply of single-use plastic straws to an end userI1I74
I11
A person who, in the course of a business, supplies or offers to supply to an end user a single-use plastic straw, other than an attached plastic straw, is guilty of an offence.
I12
Paragraph (1) is subject to the exemptions in regulations 5 to 9, and to regulation 15.
I73
A person who, in the course of a business, supplies or offers to supply to an end user a drink product with an attached plastic straw is guilty of an offence.
I74
Paragraph (3) is subject to the exemption in regulation 7.
I15
A person guilty of an offence under paragraph (1) or (3) is liable on summary conviction to a fine.
I16
In this regulation, “attached plastic straw” means a single-use plastic straw which is attached to the packaging of a drink product and is intended to be used to consume that drink.
Exemption: retail pharmacy businessesI25
1
Regulation 4(1) does not apply to the supply of a single-use plastic straw by a retail pharmacy business in the cases in paragraph (2), provided that the conditions in paragraph (3) are complied with.
2
The cases referred to in paragraph (1) 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 single-use plastic straws to which regulation 4(1) applies—
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 application through which the retail pharmacy business sells products online.
5
In this regulation, “registered pharmacy” and “retail pharmacy business” have the meanings given in regulation 8(1) of the Human Medicines Regulations 201211.
Exemption: catering establishmentsI36
1
Regulation 4(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 single-use plastic straws to which regulation 4(1) applies—
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: relevant devices and medical purposesI47
Regulation 4(1) and (3) does not apply to the supply of a product—
a
that is a relevant device;
b
for use for medical purposes by or under the direction of a health professional; or
c
by a health professional for medical purposes.
Exemption: packagingI58
1
Regulation 4(1) does not apply to the supply of a single-use plastic straw that is packaging.
2
In this regulation, “packaging” has the same meaning as in regulation 3 of the Packaging (Essential Requirements) Regulations 201512.
Exemption: other establishmentsI69
1
Regulation 4(1) does not apply to the supply of a single-use plastic straw in—
a
a care home;
b
premises used for early years provision;
c
a school; or
d
a prison or other place of detention.
2
In this regulation—
“care home” has the same meaning as in section 3 of the Care Standards Act 200013;
“early years provision” has the same meaning as in section 96(2) of the Childcare Act 200614;
“prison” has the same meaning as in section 92(1) of the Criminal Justice Act 199115;
“school” has the same meaning as in section 4 of the Education Act 199616.