Packaging rule · United Kingdom · Ban
England ban on single-use plastic plates, cutlery and polystyrene food containers
Ban covering single-use plastic in England, United Kingdom, set by Secretary of State (Defra). Applies since 1 October 2023.
The rule
Recorded from the official source named below. Rates and dates are as the source states them on the date it was consulted.
- Jurisdiction
- United Kingdom · England
- Authority
- Secretary of State (Defra)
- Rule type
- Ban
- Materials
- Single-use plastic
- Status
- In force Enacted
- Adopted or published
- 7 September 2023
- Applies from
- 1 October 2023
From the source“Part 2 prohibits the supply of single-use plastic plates, trays or bowls, balloon sticks and cutlery.”
Official source legislation.gov.uk: SI 2023/982Official (government or regulator) · consulted 13 October 2026
Key dates
Adopted or published 3 years and 1 month ago
Applies from 3 years ago
Source consulted by the SPI team 1 day ago
Re-checked by a second SPI team member 1 day ago
What it means
SPI analysis Our reading of the official source above. Not legal advice; always rely on the official text.
SPI summary
Since 1 October 2023 businesses in England may not supply single-use plastic plates, trays, bowls, cutlery, balloon sticks, or expanded and extruded polystyrene food and drink containers and cups.
In practice
Since 1 October 2023 businesses in England may not supply single-use plastic plates, trays, bowls, cutlery and balloon sticks, or single-use expanded or extruded polystyrene food and drink containers and cups, to end users. Plates, trays and bowls that are packaging are excluded, so pre-packed formats are treated differently from loose tableware. Foodservice packaging converters and brand owners need to check which products count as packaging and which polystyrene formats have been replaced.
Where the record is unclear
- The review the regulations require within three years was not found published on the pages consulted.
- How the packaging exclusion applies to specific formats (for example a tray filled at the point of sale) is not spelt out in the regulations text reviewed.
- The internal market point for trays and bowls under the UK Internal Market Act 2020 is noted in the explanatory note but its practical effect was not confirmed.
Where it sits in the tracker
- One of 7 packaging rules we track in the United Kingdom, of which 2 are ban rules.
- In all, 17 ban rules are tracked across 11 jurisdictions. Compare them below
Company profiles that map to this rule
Companies whose SPI profile lists this rule in its regulatory exposure, based on where they report selling. Not company-reported.
Overview
SI 2023/982 was made by the Secretary of State on 7 September 2023 under section 140 of the Environmental Protection Act 1990, which allows the supply of substances or articles to be prohibited to prevent pollution or harm to the health of animals, together with section 62(2) of the Regulatory Enforcement and Sanctions Act 2008 for its civil sanctions1. Before making it, the Secretary of State published a notice in the London Gazette and considered the representations received1.
The instrument has five Parts. Part 2 contains three offences: supplying single-use plastic plates, trays or bowls (regulation 3), balloon sticks and cutlery (regulation 4), and polystyrene food and drink containers and cups (regulation 5) to an end user in the course of a business1. Part 3 sets a due diligence defence and time limits, Part 4 gives local authorities civil sanctions and entry powers, and Part 5 amends the 2017 microbeads and 2020 straws, cotton buds and stirrers regulations so that all three English bans share a fixed £200 penalty1.
The regulations extend to England and Wales but apply only in England (regulation 1)1. The explanatory note records that SI 2022/857, made under the UK Internal Market Act 2020, exempts most of these items from the market access principles but not trays and bowls, which regulation 3(3) keeps subject to section 2 of that Act1.
Who must do what
Any business supplying end users in England (shops, caterers, takeaways, online sellers)
- Do not supply or offer to supply a single-use plastic plate, tray or bowl that is not packaging to an end user (regulation 3).
- Do not supply or offer to supply single-use plastic balloon sticks or cutlery to an end user (regulation 4).
- Do not supply or offer to supply single-use polystyrene food or drink containers or cups to an end user (regulation 5).
Wholesalers and suppliers to other businesses
- Supply to a person who resupplies in the course of a business, or uses the item in manufacturing, is not supply to an end user, so business-to-business trade in the listed items remains lawful (regulation 2).
- Keep product information that lets customers rely on the regulation 6 due diligence defence, which allows reliance on a third party's information where that reliance was reasonable.
Manufacturers and converters of foodservice items
- Material choice decides scope: plastic means a polymer that can be a main structural component, and unmodified natural polymers are excluded (regulation 2).
- Polystyrene expanded at any stage, by any means or blowing agent, falls within the regulation 5 ban.
Local authorities (the regulator)
- Authorise officers in writing to use entry and inspection powers (regulations 8 and 10).
- Publish, consult on and follow guidance on civil sanctions, and periodically publish cases where sanctions were imposed (regulations 11 and 12).
Are you in scope?
Work through each question. The answers are the SPI team's reading of the sources cited.
Are you supplying, in the course of a business, to an end user in England?
- If yes
- The bans in regulations 3 to 5 apply.
- If no
- Supplies for resale or manufacturing, and supplies in Scotland, Wales or Northern Ireland, are outside this instrument.
Is the plate, tray or bowl packaging, such as a pre-filled salad bowl, a ready meal tray or one filled at the point of sale?
- If yes
- Excluded from the regulation 3 ban.
- If no
- A loose plate, tray or bowl supplied empty to the public is caught.
Is the item made of plastic as defined, including biodegradable, compostable, recycled or plastic-lined material?
- If yes
- In scope if it is single-use.
- If no
- Items of unmodified natural polymers fall outside the definition.
Is the polystyrene container used for food that is ready to eat without further preparation?
- If yes
- Caught by regulation 5.
- If no
- Containers for food that needs adding water, microwaving or toasting are outside, per local authority guidance.
Is the item designed or intended to be re-used?
- If yes
- Not single-use, so outside the ban.
- If no
- Single-use items are caught under each item definition in regulation 2.
Compliance checklist
Separate packaging formats from loose tableware
By In force since 1 October 2023SPI analysis of the official text. Not legal advice; confirm with the text or counsel. Classify each tray, bowl and plate by whether it is filled before or at sale.
Evidence to keep Product list with packaging status per line.
Remove plastic cutlery and balloon sticks from end-user ranges
By NowNo exemption exists for these two items under regulation 4.
Evidence to keep Range change records and supplier confirmations.
Replace polystyrene containers and cups for ready-to-eat food
By NowCheck whether the food in each container needs further preparation.
Evidence to keep Specification sheets showing material and use.
Collect material evidence from suppliers
By NowRegulation 6 lets a business rely on supplier information if reliance was reasonable; a notice must be served at least 7 clear days before a hearing.
Evidence to keep Written material declarations kept per product.
Check online channels
By NowOffers to supply count as well as supplies, so web listings for England are in scope.
Evidence to keep Screenshots of delisted products.
Monitor the regulation 13 reviews
By From October 2026Part 4 and Schedule 1 are due a review after three years, and the regulatory provisions at least every five years.
Evidence to keep Note of any published review report.
Enforcement and penalties
- Who enforces
- Local authorities in England, normally through Trading Standards officers (regulation 2 and Part 4).
- Powers
- Authorised officers may enter non-residential premises at reasonable times, examine, measure, photograph, require documents and take samples where they reasonably believe an offence is being committed; forced entry needs a warrant (regulation 10). Trading Standards guidance adds test purchases and recovery of investigation costs.
- Enforcement so far
- Regulation 11 makes each local authority publish its civil sanction cases; SPI saw none in the material checked on 14 October 2026.
Penalties
| Breach | Penalty | Legal basis |
|---|---|---|
| Fixed monetary penalty for a Part 2 offence | £200 | SI 2023/982, Schedule 1, Part 11 |
| Early discharge of a fixed monetary penalty | £100 if paid within 28 days of the notice of intent | SI 2023/982, Schedule 1, Part 11 |
| Prosecution for supplying a banned item | a fine on summary conviction | SI 2023/982, regulations 3 to 51 |
| Failure to comply with a stop notice | up to 12 months' imprisonment and/or a fine summarily; up to two years and/or a fine on indictment | SI 2023/982, Schedule 1, paragraph 161 |
| Non-compliance penalty where a compliance notice or third party undertaking is not met | a percentage of the remaining costs, up to 100% | SI 2023/982, Schedule 1, Part 41 |
A fixed penalty can only be imposed where the regulator is satisfied beyond reasonable doubt that the offence was committed, and appeals go to the First-tier Tribunal (Schedule 1, paragraphs 1 and 7)1. Prosecutions must start within 12 months of the prosecutor having enough evidence and no more than three years after the offence (regulation 7)1. Stop notices are reserved for activity that causes or risks serious environmental harm (Schedule 1, Part 2)1.
How it fits with other rules
- Wales Single-use Plastic Products Act 2023 PR-GB-007
Wales bans a longer list under an Act of the Senedd, with supply to consumers as the test rather than supply to end users. Welsh cups and takeaway containers are caught only if made of polystyrene, matching England, but Wales also covers stirrers, straws and cotton buds, which England handles in separate 2020 regulations. - SUP Directive: ban on single-use plastic cutlery, plates, straws and EPS containers PR-EU-014
The EU SUP Directive bans similar plates, cutlery and polystyrene containers but does not apply in England after EU exit. Businesses supplying both markets meet similar item lists, yet England's packaging exclusion for plates, trays and bowls has no direct match in the tracker summary of the EU ban. - UK packaging EPR regulations (pEPR) 2024 PR-GB-002
Trays and bowls that are packaging escape this ban but are then reportable packaging under UK packaging EPR. The same tray can therefore move between the two regimes depending on whether it is filled before or at sale. - Single-use Plastics Prohibition Regulations (SOR/2022-138) PR-CA-001
Canada's federal regulations bar manufacture and import as well as sale, whereas SI 2023/982 controls only supply to end users. A converter exporting from England is unaffected by the English ban but meets the Canadian one at the border.
History of the rule
SI 2023/982 made after a London Gazette notice and representations.
Bans in force in England; 2017 microbeads and 2020 straws regulations move to the £200 fixed penalty.
Three years from commencement: Part 4 and Schedule 1 review falls due under regulation 13.
Today
Latest date for the first five-yearly review of the regulatory provisions.
Questions
Can a takeaway in England still put food on a plastic plate or in a plastic tray?
Yes, if the item is packaging, for example a plate filled at the counter or a tray used to deliver food. Regulation 3(2) of SI 2023/982 excludes packaging from the plate, tray and bowl ban that applies from 1 October 2023. Empty plates sold to the public are still caught.
What is the fine for supplying banned plastic cutlery in England?
A local authority can issue a £200 fixed monetary penalty under Schedule 1, reduced to £100 if paid within 28 days. Prosecution can instead lead to a fine on summary conviction. Proceedings must start within three years of the offence.
Are compostable or bio-based plastic plates allowed?
Not if they are single-use plastic: Trading Standards guidance says biodegradable, compostable and recycled plastic are all caught. Only unmodified natural polymers fall outside the regulation 2 definition. The ban has applied since 1 October 2023.
Can wholesalers in England still sell these items?
Yes, supply to a business that resupplies the item or uses it in manufacturing is not supply to an end user under regulation 2. The offences in regulations 3 to 5 only cover supply to end users. The regulations apply in England only.
When will the English ban be reviewed?
Regulation 13 requires a review of the civil sanctions after three years, so from October 2026. The regulatory provisions as a whole must be reviewed at least every five years, and reports are laid before Parliament.
Definitions
- Plastic
- A material of a polymer, possibly with additives, that can function as a main structural component of a final product; unmodified natural polymers are excluded (regulation 2).1
- End user
- The person to whom a product is supplied, other than a person who resupplies it in a business or uses it in manufacturing (regulation 2).1
- Expanded or foamed extruded polystyrene
- Polystyrene expanded at any stage of manufacture, by any means and with any blowing agent (regulation 2).1
- Packaging
- Has the meaning given in the Packaging (Essential Requirements) Regulations 2015 (regulation 3(5)).1
- Regulator
- A local authority, which enforces the regulations and imposes civil sanctions (regulation 2).1
Sources for this analysis
- legislation.gov.uk: SI 2023/982 Environmental Protection (Plastic Plates etc. and Polystyrene Containers etc.) (England) Regulations 2023, as made Official · Consulted 14 October 2026
- Isle of Wight Council Trading Standards: single-use plastics business advice Regulator · Consulted 14 October 2026
Written by the SPI team on 14 October 2026. Sources checked as of 14 October 2026. SPI analysis, not legal advice; always rely on the official text.
Change history
Verified: a second SPI team member re-checked every fact above against the source on 13 October 2026. Any later change to the facts sends the rule back to Sourced and is logged here.
Verified by a second SPI team member
Added to the tracker
Spotted an error? Write to sales@strategicpackaginginsights.com quoting PR-GB-006 and the source. Corrections are logged in this history.
Ban rules elsewhere
The same type of rule for the same materials in other jurisdictions, by the date it applies.
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