Single-use plastics

This guidance is for Scotland

This guide covers two pieces of legislation prohibiting the manufacture, sale and supply of single-use plastic products in Scotland.

The Environmental Protection (Cotton Buds) (Scotland) Regulations 2019 prohibit supplying, or offering to supply, plastic cotton buds.

The Environmental Protection (Single-use Plastic Products) (Scotland) Regulations 2021 implement a ban on most other single-use plastics.

Damage caused

The Scottish Government introduced the ban on single-use plastic products with the intended effect of reducing the volume and impact of plastic pollution, thus reducing the harm caused to the environment.

The products covered by the regulations are amongst the most commonly found items on beaches throughout Europe. In a summary of their recent study, the Pew Charitable Trusts and SystemIQ state: "The flow of plastic into the ocean is projected to nearly triple by 2040. Without considerable action to address plastic pollution, 50 kg of plastic will enter the ocean for every metre of shoreline."

Plastic cotton bud stems are consistently observed to constitute approximately 5-10% of marine debris surveyed in European seas and feature in the 10 most commonly found items in Marine Conservation Society beach surveys in Scotland. Fish and other marine animals can eat them (because of their size), introducing potentially toxic substances into the food chain. They also increase the risk to public health from contact on beaches and bathing waters.

The Cotton Bud Project has demonstrated that manufacturers and retailers are able to trade in viable biodegradable alternative products and therefore there is no known reason why other companies would be unable to follow this best practice.

The Scottish Government believes that by restricting the market through these regulations, it will encourage the use of less harmful alternatives such as paper and cardboard products, which are readily available.

Products covered by the ban

The bans apply to the following single-use plastic items:

• cotton buds
• cutlery (forks, knives, spoons, chopsticks)
• plates
• straws
• beverage stirrers
• balloon sticks
• food containers made of expanded polystyrene
• cups and other beverage containers made of expanded polystyrene, including their covers and lids

Definitions

The definitions below come from the 2019 and 2021 regulations.

'Plastic' is defined as "a material consisting of a polymer ... to which additives or other substances may have been added, and which can function as a main structural component of final products, with the exception of natural polymers that have not been chemically modified".

A 'single use' product is defined as one that "is not conceived, designed or placed on the market to" be reused for the same purpose multiple times "within its life span".

A 'plastic-stemmed cotton bud' is defined as "a rod of plastic which has cotton wrapped around both ends".

'Single-use plastic cutlery' is cutlery made wholly or partly from plastic and used for eating or serving food, including forks, knives, spoons, chopsticks and other similar utensils. These must not be supplied in any circumstances; there are no exceptions.

'Single-use plastic plates' are those made wholly or partly from plastic. These must not be supplied in any circumstances; there are no exceptions.

'Single-use plastic straws' are those that are made wholly or partly from plastic. Neither are designed or intended to be re-used. These products must not be supplied to end-users except in certain circumstances as outlined in 'Exemptions' below. This does not prohibit supply to businesses. Some drinking straws made from paper do contain small amounts of plastic in the adhesive lining, and these are still permitted. Drinking straws supplied with drinks cartons are also covered by the legislation.

'Single-use plastic beverage stirrers' are those made wholly or partly from plastic and used for stirring drinks. These must not be supplied in any circumstances; there are no exceptions.

'Single-use plastic balloon sticks' are sticks, including their mechanisms, that are designed and intended to be attached to and support balloons, and are wholly or partly made from plastic. These must not be supplied in any circumstances; there are no exceptions.

'Single-use expanded polystyrene beverage containers, cups and food containers' are those made wholly or partly of expanded polystyrene. These must not be supplied in any circumstances; there are no exceptions.

Exemptions

There are a number of exceptions to the prohibitions to allow for situations where single-use plastic straws may be required due to disability or accessibility issues.

The following supplies of single-use plastic straws are permitted:

• from a registered pharmacy, but products must not be displayed or advertised in-store
• from a catering establishment (pubs, clubs, restaurants, canteens, etc) where supplied for immediate consumption of food or drink. They must only be supplied if requested and not available for customers to help themselves; they cannot be offered either verbally or in writing
• for use as a medical device or for a medical purpose. This includes preventative medicine, medical diagnosis, research, and care and treatment
• for use as packaging for a product - for example, certain medicines. This does not exempt drinking straws supplied with drinks cartons
• for use in care homes, prisons, schools and early years provision, but alternatives should be sought where possible

Trading standards

For more information on the work of trading standards services - and the possible consequences of not abiding by the law - please see 'Trading standards: powers, enforcement and penalties'.

In this update

There is now a ban in Scotland on most single-use plastic products.

Last reviewed / updated: September 2022