DRAFT – 16 AUGUST 2021  
 
A31672599  
 S C O T T I S H  S T A T U T O R Y  I N S T R U M E N T S  
2021  No. 
ENVIRONMENTAL  PROTECTION  
The Environmental  Protection  (Single -use Plastic  Products ) 
(Scotland)  Regulations  2021  
Made  - - - - 2021  
Laid before  the Scottish  Parliament  2021  
Coming  into force  - - 1st June  2022 
The Scott ish Ministers  make  the following  Regulations  in exerc ise of the powers  conferred  by 
section  140(1) (b) and (c), (2), (3)(c) and (d), and (9) of the Environmental  Protection  Act 1990( a) 
and all other  powers  enabling  them  to do so. 
In accordance  with section  140(6)  of that Act(b), they have  published  notices  in the London  
Gazette  and in the Edinburgh  Gazette  and have  considered  the representations  made  to them  in 
accordance  with those  notices.  
PART  1 
Introduction  
 
Citation , commencement  and extent  
1.—(1) These  Regulations  may be cited as the Environmental  Protection  (Single -use Plastic  
Products ) (Scotland)  Regulations  2021  and come  into force  on 1 June 2022. 
(2) These  Regulations  extend  to Scotland  only.  
Interpretation  
2. In these  Regulations — 
“authorised  purpose”  means  the purpose  of determining  whether  an offence  under  regulation  
3(1), (2) or (3), 4(1), or 5(1) has been  or is being  committed,  
“catering  establishment”  has the meaning  given  in regulation  8(3), 
“end -user”  means  any person to whom a product  is supplied,  other  than— 
(a) for the purpose  of supplying  it, in the course  of a business,  to another  person,  or 
 
(a) 1990 c.43.  Section 140(3)(c) was amended by S.I. 1999/1108.  The functions of the Secretary of State under section 140, 
insofar as exercisable within devolve d competence, were transferred to the Scottish Ministers by virtue of section 53 of the 
Scotland Act 1998 c.46.  
(b) The requirement to consult the Advisory Committee on Hazardous Substances , formerly established under section 140(5) of 
the Environmental Pr otection Act 1990 , was removed by S.I. 2012/1923.   2 (b) for the purposes  of a catering  establishment  or an establishment  or a premises  of a kind 
referred  to in regulation  9(1), 
“enforcement  officer”  means  a person  authorised  under  regulation  14, 
“food  container s” means  receptacle s such as boxes, with or without  a cover,  used to contain  
food which  is— 
(a) intended  for immediate  consumption,  either  on-the-spot or as takeaway , 
(b) typically  consumed  from  the receptacle,  and 
(c) ready  to be consumed  without  any further  preparation,  such as cooking,  boiling  or 
heating,  
including  food containers  used for fast food or other  meal s ready  for immediate  consumption,  
except  beverage  containers , plates , and packets  and wrappers  containing  food, 
“local  authority”  means  a council  constituted  under  section  2 of the Local  Government  etc. 
(Scotland)  Act 1994( a), 
“medical  device”  has the meaning  given  in regulation  6(2)(a) , 
“medical  purposes”  has the meaning  given  in regulation  6(2)(b) , 
“plastic”  means  a material  consist ing of a polymer  as defined in Article  3(5) of Regulation  
(EC)  No 1907/2006  concerning  the Registration,  Evaluation,  Authorisation  and Restriction  of 
Chemicals  (REACH)( b), to which  additives  or other  substances  may have  been  added,  and 
which  can function  as main  structural  compon ent of final products,  with the exception  of 
natural  polymers  that have  not been  chemically  modified,  
“retail pharmacy business” has the meaning given in regulation 7(3), 
“single -use”, in relation  to a product , means  that it is not conceived,  designed  or placed  on the 
market  to accomplish,  within  its life span,  multiple  trips or rotations  by being  returned  to a 
producer  for refill  or re-used for the same  purpose  for which  it was conceived,  
“single -use expanded  polystyrene  beverag e container”  means  a beverage  container,  including  
any cap or lid, that is— 
(a) made  wholly  or partly  from  expanded  polystyrene,  and 
(b) single -use, 
“single -use expanded  polystyrene  cup”  means  a cup for beverages,  including  any cover,  cap or 
lid, that is— 
(a) made  wholly or partly  from  expanded  polystyrene,  and 
(b) single -use, 
“single -use expanded  polystyrene  food container”  means  a food container  that is— 
(a) made  wholly  or partly  from  expanded  polystyrene,  and 
(b) single -use, 
“single -use plastic  balloon  stick”  means  a stick , including  its mechanisms , that is— 
(a) designed  and intended  to be attached  to and to support  balloons,  
(b) made  wholly  or partly  from  plastic,  and 
(c) single -use, 
“single -use plastic  beverage  stirrer” means  an implement  that is— 
(a) designed  and intended  for stirring  bevera ges, 
(b) made  wholly  or partly  from  plastic,  and 
(c) single -use, 
 
(a) 1994 c.43.  Section 2 was amended by paragraph 232(1) of schedule 22 of the Environment Act 1995 c.25.  
(b) EUR 206/1907, to which there are amendments not relevant to these Regulations.   3 “single -use plastic  cutlery”  means  cutlery  that is— 
(a) designed  and intended  for eating  or serving  food, including  forks,  knives,  spoons,  
chopsticks  and other  similar  utensils,  
(b) made  wholly  or partly  from plastic , and 
(c) single -use, 
“single -use plastic plate”  means  a plate  that is— 
(a) made  wholly  or partly  from  plastic,  and 
(b) single -use, 
“single -use plastic  straw”  means  a straw  that is— 
(a) made  wholly  or partly  from  plastic , and 
(b) single -use, and 
“supply”  means  supply , whether  by way of sale or not. 
PART  2 
Single -use plastic  products  and single -use expanded  polystyrene  products  
Offences : single -use plastic  products  and single -use expanded  polystyrene  products  
3.—(1) A person  who, in the course  of a business,  supplies,  offers  to supply,  or has in their 
possession  for supply , any of the products  referred  to in paragraph  (4) commits  an offenc e. 
(2) A person  who uses expanded  polystyrene  to manufacture  any of the products  referred  to in 
sub-paragraphs  (4)(a)  to (c) commits  an offence.  
(3) A person  who uses plastic  to manufacture  any of the products  referred  to in sub-paragraphs  
4(d) to (f) commits  an offence.  
(4) The products  are— 
(a) single -use expanded  polystyrene  bever age containers , 
(b) single -use expanded  polystyrene  beverage  cups 
(c) single -use expanded  polystyrene  food containers , 
(d) single -use plastic  beverage  stirrers,  
(e) single -use plastic  cutlery ,  
(f) single -use plastic  plates. 
(5) A person  who commits  an offence  under  paragraph  (1), (2) or (3) is liable  on summary  
conviction  to a fine not exceeding  level  5 on the standard  scale.  
Offences:  single -use plastic  balloon  sticks  
4.—(1) A person  who, in the course  of a business , supplies,  offers  to supply,  or has in their 
possession  for supply  a single -use plastic  balloon  stick  commits  an offence.  
(2) Paragraph  (1) does not apply  where  the single -use plastic  balloon  stick  is supplied  for 
attaching  to balloons  for industrial  or other  professional  uses and applications  that are only 
distributed  to persons  acting  in the course  of a business.  
(3) A person  who commits  an offence  under  paragraph  (1) is liable  on summary  conviction  to a 
fine not exceeding  level  5 on the standard  scale . 
Offence : single -use plastic  straws  
5.—(1) A person  who, in the course  of a business , supplies , offers  to supply,  or has in their 
possession  for supply,  to an end-user, a single -use plastic  straw  commits  an offence.   4 (2) Paragraph  (1) is subject  to the exemptions  in regulation s 6 to 11. 
(3) A person  who commits  an offence  under  paragraph  (1) is liable  on summary  conviction  to a 
fine not exceeding  level  5 on the standard  scale . 
Exemption:  medical  devices  and medical  purposes  
6.—(1) Regulation  5(1) does not apply  to the supply  of a single -use plastic  straw — 
(a) that is a medical  device,  or 
(b) for use for medical  purposes.  
(2) In this regulation — 
(a) “medical  device”  means  a medical  device  within  the mean ing given  in regulation  2 of the 
Medical  Devices  Regulations  2002( a), to which  Part 2 or Part 3 of those  Regulations  
applies,  and 
(b) “medical  purposes”  means  the purposes  of preventative  medicine,  medical  diagnosis,  
medical  research  and the provision  of medic al care and treatment.  
(3) This regulation does not apply to the supply of a single -use plastic straw  by a retail  
pharmacy business or by a catering establishment.  
Exemption : retail  pharmacy  business  
7.—(1) Regulation  5(1) does not apply  to the supply  of a single -use plastic  straw  by a retail  
pharmacy  business  in the cases  referred  to in paragraph  (2), provided  that the conditions  in 
paragraph  (3) are complied  with.  
(2) For the purposes  of paragraph  (1), the cases  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 the single -use plastic  straws — 
(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 an application  through  which  the retail  pharmacy  business  sells products  
online.  
(5) The condition  in paragraph  3(b)(ii)  does not prohibit  the offeri ng or provision  of single -use 
plastic  straws  which  are medical  devices  or for use for medical  purposes  to a customer  who has 
not requested  them.  
(6) In this regulation,  “registered  pharmacy”  and “retail  pharmacy  business”  have the meanings  
given  in regulation  8(1) of the Human  Medicines  Regulations  2012( b). 
Exemption:  catering  establishments  
8.—(1) Regulation  5(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.  
 
(a) S.I. 2002 /618, as relevantly amended by S.I. 2008/2936.  
(b) S.I. 2012/1916, to which there are amendments not relevant to these Regulations.   5 (2) The conditions  are that the single -use plastic  straws — 
(a) must  not be kept in a place  where  they are visible  to customers,  or where  custo mers  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:  other  establishments  
9.—(1) Regulation  5(1) does not apply  to the supply  of a single -use plastic  straw  in a— 
(a) care home,  
(b) school,  
(c) premises  used for early  learning  and childcare , day care of children  or child  minding,  or 
(d) prison  or other  place  of detention.  
(2) In this regulation — 
(a) “care home”  means  accommodation  that is provided  as a care home  service  within  the 
meaning  given  by paragraph  2 of schedule  12 of the Public  Services  Reform  (Scotland)  
Act 2010( a), 
(b) “child  minding”  has the meaning  given  by paragraph  12 of schedule  12 of that Act(b), 
(c) “day  care of children”  has the meaning  given  by paragraph  13 of schedule  12 of that Act, 
(d) “early  learning  and childcare”  has the meaning  given  by section  46 of the Children  and 
Young  People  (Scotland)  Act 2014( c), 
(e) “prison”  means — 
(i) a prison  within  the meaning  of section  43 of the Prisons  (Scotland)  Act 1989( d), 
(ii) a young  offenders  institution  within  the meaning  of section  19(1)(b)  of that Act(e), 
and 
(f) “school”  has the meaning  given  in section  135(1)  of the Education  (Scotland)  Act 
1980( f). 
Exemption:  support  service  which  provides  personal  care or personal  support  
10.—(1) Regulation  5(1) does not apply  to the supply  of a single -use plastic  straw  for use in the 
course  of a support  service  which  provides  personal  care or personal  support . 
(2) In this regulation — 
“perso nal care”  and “personal  support”  have  the meaning s given  in paragraph  20 of schedule  
12 to the Public  Services  Reform  (Scotland)  Act 2010,  and 
“support  service”  has the meaning  given  in paragraph  1 of schedule  12 to the Public  Services  
Reform  (Scotland)  Act 2010( g). 
 
(a) 2010 asp 8.  
(b) Paragraph 12(e) was amended by S.S.I. 2012/211.  
(c) 2014 asp 8.  
(d) 1989 c.45.  The definition of “pr ison” was inserted by S.S.I. 2015/39.  
(e) Section 19(1)(b) was amended by section 23(1) of the Criminal Justice (Scotland) Act 2003 asp 7.  
(f) The definition of “school” was amended by schedule 3 of the Standards in Scotland’s Schools etc. Act 2000 asp 6  and the 
section 2(2) of the Registered Establishments (Scotland) Act 1987 c.4 . 
(g) The definition of “support service” is modified by S.S.I. 2012/44.   6 Exemption:  packaging  
11.—(1) Regulation  5(1) does not apply  to the supply  of a single -use plastic  straw  that is 
packaging.  
(2) In this regulation,  “packaging”  has the meaning  given  by regulation  3 of the Packaging  
(Essential  Requirements)  Regulations  2015( a). 
PART  3 
Offences  by bodies  corporate , defence  of due diligence  and enforcement  
Offences  by bodies  corporate  
12.—(1) Where — 
(a) an offence  under  these  Regulations  has been  committed  by a body  corporate  or a Scottish  
partnership  or other  unincorporated  association,  and 
(b) it is proved  that the offence  was committed  with the consent  or connivance  of, or was 
attributable  to any neglect  on the part of— 
(i) a relevant  individual,  or 
(ii) an individual  purporting  to act in the capacity  of a relevant  individual,  
the individual  as well as the body  corporate,  Scottish  partnership  or unincorporated  association  
commits  an offence  and is liable  to be proceeded  against  and punished  accordingly . 
(2) In paragraph  (1), “relevant  individual”  means — 
(a) in relation  to a body  corporate — 
(i) a director,  manager,  secretary  or other  similar  officer  of the body,  
(ii) where  the affairs  of the body  are managed  by its members,  a member,  
(b) in relation  to a Scottish  partnership , a partner,  
(c) in relation  to an unincorporated  association  other  than a Scottish  partnership,  a person  
who is concerned  in the management  or control  of the association.  
Defence  of due diligence  
13.—(1) Where  a person  is charged  with an offence under  these  Regulations , it is a defence  for 
that person  to show  that the person  took all reasonable  precautions  and exercised  all due diligence  
to prevent  the offence  being  committed.  
(2) Where  the defence  provided  by paragraph  (1) involves  an allegation  that the commission  of 
the offence  was due to the act or omission  of another  person,  the person  charged  must  not, without  
leave  of the court,  be entitled  to rely on the defence  unless,  within  the period  of 7 days before  the 
hearing,  the person  charged  has served  on the prosecutor  a notice  giving  such information  
identifying  or assisting  in the identification  of the other  person  as was then in the possession  of the 
person  charged . 
Enforcement  
14.—(1) A local  authority  may authorise  any perso n to exercise  in its area,  for an authorised  
purpose  and in accordance  with the terms  of the authorisation,  any of the powers  specified  in 
regulation  15, if that person  appears  suitable  to exercise  them.  
(2) An autho risation  under  paragraph  (1) must  be in writing.  
 
(a) S.I. 2015/1640, to which there are amendments not relevant to these Regulations.   7 Powers  of entry  and examination  etc. 
15.—(1) The powers  which  an enforcement  officer  may be authorised  to exercise  are— 
(a) to enter  at any reasonable  time any premises  (other  than premises  used wholly  or mainly  
as a dwelling)  which  the enforcement  officer  has reason  to believe  it is necessary  to enter  
for an authorised  purpose,  
(b) when  entering  any premises  under  sub-paragraph  (a)— 
(i) to be accompanied  by another  enforcement  officer,  and 
(ii) to bring  any equipment  or materials  required  for any authorised  purpose  for which  
the power of entry  is being  exercised,  
(c) on entering  any premises  under  sub-paragraph  (a)— 
(i) to make  such examination  and investigation  as may in any circumstances  be 
necessary,  
(ii) to take such measurements  and photographs  and make  such recordings  as the 
enforcement  officer  considers  necessary  for the purpose  of any such examination  or 
investigation,  and 
(iii) to require  the production  of, or where  the information  is recorded  in computerised  
form,  the furnishing  of extracts  from,  any documents  which  it is necessary  for the 
enforcement  officer  to see for the purposes  of any such examination  or investigation  
and to inspect  and take copies  of the document,  
(d) as regards  any premises  which  an enforcement  offic er has power  to enter  under  sub-
paragraph  (a), to direct  that those  premises  or any part of them,  or anything  in them,  be 
left undisturbed  (whether  generally  or in particular  respects)  for so long as is reasonably  
necessary  for the purpose  of examination  or invest igation  under  sub-paragraph  (c), 
(e) to take any samples,  or cause  samples  to be taken,  of any articles  or substances  found  in 
or on any premises  which  an enforcement  officer  has power  to enter  under  sub-paragraph  
(a), and to cause  any such articles  or substances  to be analysed  or tested,  
(f) in the case of any such sample,  to take possession  of it and to retain  it for so long as is 
necessary  for all or any of the following  purposes — 
(i) to examine  it, and subject  it to any process  or test, or cause  it to be examined,  
(ii) to ensure  that it is not tampered  with before the examination  is completed,  
(iii) to ensure  that it is available  for use as evidence  in any proceedings  for an offence  
under  these  Regulations.  
(2) Except  in an emergency,  where  an enforcement  officer  proposes  to enter  any premises  and— 
(a) entry  has been  refused  and the enforcement  officer  apprehends  on reasonable  grounds  
that the use of force  may be necessary  to effect  entry,  or 
(b) the enforcement  officer  apprehends  on reasonable  grounds  that entry  is likely  to be 
refused  and that the use of reasonable  force  may be necessary  to effect  entry,  
any entry  on to those  premises  by virtue  of paragraph  (1)(a)  may only be effected  under  the 
authority  of a warrant  by virtue  of paragraph  (3). 
(3) If it is shown  to the satisfaction  of a sheriff,  summary  sheriff  or justice  of the peace  on sworn  
information  in writing — 
(a) that there  is reasonable  ground  for entry  into the premises  for the purpose for which  entry  
is required,  and 
(b) that one or more  of the conditions  specified  in paragraph  (4) below  is fulfilled,  
the sheriff,  summary  sheriff  or justice  of the peace  may by warrant  authorise  the enforcement  
officer  to enter  the premises,  in accordance  with the warrant  and, if need  be, by force.  
(4) The conditions  mentioned  in paragraph  (3)(b)  above  are— 
(a) that admission  to any premises  has been  refused,   8 (b) that such a refusal  is reasonably  apprehended,  
(c) that the premises  are unoccupied,  
(d) that the occupier  is temporarily  absent  from  the premises  and the case is one of urgency,  
or 
(e) that an application  for admis sion to the premises  would  defeat  the object  of the proposed  
entry.  
(5) A warrant  issued  in pursuance  of paragraph  (3) above  continues  in force  until the purpose  for 
which  the entry  is required  has been  satisfied.  
(6) Nothing  in paragraph  (1)(c)(iii)  compels  the product ion by a person  of any document  of 
which  that person  would  on grounds  of legal  professional  privilege  be entitled  to withhold  
production  on an order  for the production  of documents  in an action  in the Court  of Session.  
(7) An enforcement  officer  may only exercise  the powers  in paragraph  (1) if the enforcement  
officer  has reasonable  cause  to believe  that an offence  under  regulation s 3(1), (2) or (3), 4(1) or 
5(1) has been committed . 
(8) An enforcement  officer  seeking  to exercise  a power  under  paragraph  (1) must  produce  
evidence  of identity  and authority  if requested  by a person  who is, or appears  to be— 
(a) a supplier,  or employee  of such a supplier,  of— 
(i) any produ cts referred  to in regulation  3(4) 
(ii) single -use plastic  straws,  or 
(iii) single -use plastic  balloon  sticks,  
(b) a manufactu rer, or employee  of such a manufacture r, of any product s referred  to in 
regulation  3(4), or 
(c) the owner  or occupier  of any premises  in which  the enforcement  officer  seeks  to exercise  
the power  concerned.  
(9) In this regulation — 
“document”  includes  any thing  in which  information  of any description  is recorded  (by any 
mean s) and any part of such a thing,  and 
“emergency”  means  a case which  it appears  to the enforcement  officer  in question — 
(i) that there  is an immediate  risk of serious  pollution  of the environment  or serious  
harm  to human  health,  or 
(ii) that the circumstances  exist  which  are likely  to endanger  life or health,  
and that immediate  entry  to any premises  is necessary  to verify  the existence  of that risk or those  
circums tances  or to ascertain  the cause  of that risk or those  circumstances  or to effect  a remedy.  
 
 
 
 
 
     
 A member  of the Scottish  Government  
St Andrew’s  House,  
Edinburgh  
       2021   9 EXPLANATORY  NOTE  
(This  note is not part of these  Regulations)  
These  Regulati ons prohibit  the manufacture  and the supply  in the course  of a business  of the listed  
single -use plastic  products  and come  into force  on 1 June 2022 . 
Regulation  3 provides  that it is an offence  for a person  to manufacture  or, in the course  of a 
business,  supply,  offer  to supply,  or have  in their possession  for supply  any of the following  
products — 
(a) single -use expanded  polystyrene  beverage  cups,  
(b) single -use expanded  polystyrene  beverage  containers,  
(c) single -use expanded  polystyrene  food containers,  
(d) single -use plastic beverage  stirrers,  
(e) single  use plastic  cutlery,  and 
(f) single -use plastic  plates.  
Regulation  4 provides  that is an offence  for a person,  in the course  of a business,  to supply,  offer  
to supply,  or have  in their possession  for supply , single -use plastic  balloon  sticks,  with the 
exception  of sticks  for attaching  to balloons  for industrial  or other  professional  uses.  
Regulation  5 provides  that it is an offence  for a person,  in the course  of a business,  to supply,  offer  
to supply,  or have  in their possession  for supply,  to an end-user,  single -use plastic  straws,  subject  
to certain  exceptions.  The exceptions  are the supply  of straws  which  are medical  devices  or are for 
use for medical  purposes  (regulation  6), the supply  of straws  by retail pharmacy businesses  
(regulation  7), the supply  of straws  by catering  establishments  together  with food or drink  for 
immediate  consumption  (regulation  8), the supply  of straws  in certain  establishments  such as 
schools  and care homes  (regulation  9), the supply  of straws  for use in a support  service  which  
provides  personal  care or personal  support  (regulation  10), and the supply  of straws  which  are 
packaging  (regulation  11). 
A person  found  guilty  of an offence  under  these  Regulations  will be liable  on summary  conviction  
to a fine not exceeding  level  5 on the standard  scale  (regulations  3(5),  4(3) and 5(3)). 
Regulation  12 makes  provision  for offences  by bodies  corporate,  Scottish  partnerships  and 
unincorporated  associations.  Regulation  13 provides  a due diligence  defence.  
Regulation  14 provides  that a local  authority  may authorise  any person  that appears suitable to 
exercise  any of the powers  specified  in regulation  15. 
Regulation  15 provides  for enforcement  officers  to have  powers  of entry  and associated  powers  to 
carry  out the necessary  investigations  in order  to determine  whether  an offence  has been  or is 
being  committed.