In the latest of state action to curb the use and distribution of plastics, the Victorian Plastics Ban comes into effect on 1 February 2023. Like similar bans in other states there are specific items and weight classes that are banned and there are both penalties for retailers who supply banned items, as well as exceptions, that all retailers should clearly understand now, before the ban comes into effect.
The ban applies to single-use plastic drinking straws, cutlery, plates, drink stirrers and cotton bud sticks made from conventional, degradable, and compostable plastics. The ban also applies to food service items and drink containers made from expanded polystyrene.
People who need single-use plastic drinking straws due to a disability or for a medical need can still purchase and use these items.
Why the Ban?
Victoria is not alone in banning single use plastics particularly. Like other states, Victoria has identified that single-use plastics:
- Make up a third of the litter we see in our environment – they are difficult and costly to clean up
- Are often used for only a few minutes but remain in the environment for a long time
- Pollute the environment – harming wildlife and contaminating our food and water.
Many single-use plastic items are difficult and economically unviable to recycle. Often, they end up contaminating our recycling. They can often be easily avoided or replaced with reusable products.
“By banning problematic single-use plastics, we will reduce plastic pollution”.
What is banned?
From 1 February 2023 the following single-use plastic items are banned;
- Drinking straws
- Cutlery including knives, forks, spoons, chopsticks, sporks, splades, food picks and sporks
- Plates
- Drink stirrers and sticks
- Cotton bud sticks
- Expanded polystyrene food service items and drink containers. This includes expanded polystyrene plates, cups, bowls, clam shells and any cover or lid that is also made from expanded polystyrene.
“It is important for retailers to remember that this is a ban on the supply of these single use plastics. This means that the retailer cannot sell or give away these banned items, except in the limited exemption circumstances, such as for persons requiring them for a disability or medical need”, explains ACAPMA’s Elisha Radwanowski.
Exemptions to the Ban
There are five exemptions where banned single-use plastic items can continue to be used in Victoria. These are for specific circumstances where items are required for health and safety reasons or where suitable alternatives to a sub-set of banned items are not currently available.
- Single-use plastic drinking straws for people who need them due to a disability or for medical reasons
- Single-use plastic cotton bud sticks for testing carried out for scientific, medical, forensic or law enforcement purposes
- Single-use plastic cutlery, where required, in correctional and mental health facilities to prevent physical harm or injury
- Until 1 November 2024 paper or cardboard plates lined with plastic
- Until 1 January 2026 any single-use plastic item that is integrated into food or drink packaging (e.g., a single-use plastic spoon included in a yogurt tub).
Any business or organisation, including not for profit organisations, can sell or supply single-use plastic straws to a person who requires one due to a disability or medical need. Sale or supply of straws may be at a physical premises, online or through another distance selling arrangement.
The business or organisation must:
- Keep the straws in a place which is not accessible to customers without the assistance of a staff member, such as behind the counter
- Not offer or provide single-use plastic straws unless the customer has requested one.
There is no requirement for individuals to provide verification of disability or medical need when requesting straws.
Penalties
From 1 February 2023, it will be an offence to:
- Sell, supply, distribute or provide banned single-use plastic items in Victoria
- Provide false or misleading information on the composition of banned items.
Penalties will apply to both offences.
Penalties do not apply to the provision or supply of items for the five circumstances listed as ‘exemptions’.
Resources for staff and customers
- Factsheet: Single use plastic ban – https://www.vic.gov.au/sites/default/files/2022-11/Victorian-Plastics-Ban-Guide-for-Business-FAQs.pdf
- FAQ: Single use plastic guide for business – https://www.vic.gov.au/sites/default/files/2022-11/Victorian-Plastics-Ban-Guide-for-Business-FAQs.pdf
- Customer Postcard on Single use plastic ban – https://www.vic.gov.au/sites/default/files/2022-11/Single-use-plastics-ban-A6-Postcard.pdf
- Customer Poster on Single use plastic ban – https://www.vic.gov.au/sites/default/files/2022-11/Single-use-plastics-ban-A4-Poster.pdf
More information
For more information see: https://www.vic.gov.au/single-use-plastics.
Elisha Radwanowski BCom (HRM&IR)
ACAPMA
Source: https://acapmag.com.au/2022/12/vic-plastics-ban/.
