Plastic problems: must-know packaging guidelines for venues and suppliers

NT

What you should be doing now?

Plastic bags have been banned in the Northern Territory since 2011, with those in violation of this facing a fine of up to $8,100.

The City of Darwin recently introduced a plastic ban prohibiting the sale, supply or use of disposable coffee cups, smoothie cups, lids, straws, cutlery, stirrers, plates, bowls, and takeaway containers from all events on Council land and at Darwin’s markets.

While penalties for non-compliance are unclear for suppliers and hospitality venues under Darwin’s legislation, if a stallowner were to sell or supply these goods on Council land they would be in violation of their permit or leasing conditions and could face the maximum penalty of $162,000 for a violation of Darwin City Council’s By-laws.

What’s next?

Reducing waste is a high priority for the City of Darwin, and the government is working with local distributors and businesses to ensure that making the switch to compostable disposable alternatives is  easy and achievable for food suppliers and hospitality venues, as well as the wider community.

Venues and suppliers alike should be proactively exploring options for reusable packaging (including fill-your own and return-to-supplier refills).

QLD

What you should be doing now?

Similar to other states in Australia, the Queensland ban prohibits venues from supplying single-use plastics such as straws, stirrers, plates, unenclosed bowls, cutlery and EPS takeaway food containers and cups to consumers. This means suppliers to food service need to ensure they are providing goods in compliant materials or with reasonable reusable or return/refillable capability.

Due to strong public support for this initiative, Queensland recently introduced further restrictions to include cotton buds with plastic stems, EPS loose packaging, plastic microbeads in rinseable personal care and cleaning products, as well as heavyweight shopping bags and the mass release of lighter than air (helium) balloons. While these products might not be common in food service, this is an indication of likely expansion of the plastics bans across all retail and service sectors in QLD.

Penalties apply (up to $11,100) if a business or not-for profit organisation is found to have supplied a banned single-use plastic item, made false or misleading representations in relation to a banned plastic item or its compostability, not provided clear information regarding a plastic’s compostability, or has not complied with a notice under the Waste Reduction and Recycling (Plastic Items) Amendment Act 2021.

What’s next?

Should these further restrictions receive similar public support, it is likely that the bans will be expanded again in future to meet the national plastic targets. 

Because of this, suppliers and hospitality venues must proactively move to introduce and select sustainably-sourced alternative materials throughout the supply chain: think plant-based, biodegradable/consumable, or reusable. Remember, recyclable is the minimum, not the target!

SA

What you should be doing now?

South Australia has taken a strong approach to meeting the national targets by 2025.

Initially, single-use plastic products including stirrers, cutlery, straws, were banned from sale. The government then expanded the ban a year later to prohibit the supply and distribution of EPS cups, bowls, plates and clamshell containers. It also became an offence to sell, supply, distribute, or manufacture oxo-degradable plastic products (such as plastic bags) because of concerns around the substances released when those products start breaking down.

Recently, the ban was broadened again  to include single-used plastic bowls and plates and plastic ‘pizza savers’.

Under the SA legislation, suppliers or hospitality venues may face penalties (up to $20,000 or up to $5000 for individuals) for distributing prohibited items. Further penalties may also apply to persons or retailers for misleading or deceptive claims about plastic products.

Where to from here?

SA is known to take an aggressive stance on regulation and enforcement affecting consumer safety and the environment. By 1 September 2024, plastic produce bags (found in fruit and vegetable sections of supermarkets) will be phased out, as well as thick supermarket or boutique-style plastic bags, plastic bread tags, single-used beverage containers (including coffee cups) and other single-use plastic food containers such as those commonly used for takeaway meals.

By 1 September 2025, the government will begin targeting food product packaging. This means that food suppliers and hospitality venues are likely to be banned from using and/or supplying plastic fruit stickers, plastic soy sauce fish, and other pre-packaged and attached products such as cutlery or plastic straws.

To optimise for future compliance requirements and capitalise on strong consumer support for sustainability in SA, suppliers should start investing in plant-based and biodegradable (not just recycled/recyclable) food-contact packaging now and venues should already be looking to reusable and refillable take-away solutions (including bring/use your own).

TAS

What you should be doing now?

Tasmania has made a commitment to a state-wide phase-out of single-use plastics by 2025, with the City of Hobart leading the way in food service. There, food suppliers and hospitality venues are prohibited from supplying plastic items including cutlery, sauce sachets, takeaway hot food containers and lids, straws, plastic-lined noodle boxes, plastic-lined coffee cups, lids on takeaway and plastic sandwich wedges.

Unlike other states, the ban in Tasmania only applies to single-use plastic containers with a volume of less than 1L. Local councils have set further implementation rules around single-use plastics – check your local council website for details.

If suppliers or hospitality venues fail to comply, they may be issued with an Infringement Notice and fines of up to 20 penalty units for individuals and 100 penalty units for business and organisations may apply.

What’s next?

Tasmania is a small state with mighty natural resources and a strong incentive to actively enforce the national plastic ban targets.

While Tassie may be slower to move than some other states, we expect they’ll be all caught up by 2025 - that gives you less than two years to get your house in order, so start now with making additional packaging/serving materials optional and encouraging bring/use your own and refillable/reusable containers (price premiums and/or incentives for return can have a positive effect on venue and supplier costs).

In Tasmania, while plant-based materials remain a good (and necessary) investment, make sure you’re thinking about bigger-picture sustainability like water consumption, carbon footprint, and locally-sourced materials for future brownie-points with government and consumers.

VIC

What you should be doing now?

From 1 February 2023, “single-use plastics” (including biodegradable and compostable plastics, so no plant-based plastic options) were banned from sale and supply in Victoria. This  includes drinking straws, cutlery, plates, drink stirrers, and polystyrene drink and food containers but (for the moment!) excludes food-contact packaging.

The ban isn’t otherwise limited to food service, so includes healthcare, tourism, and other corporate sectors.

Penalties of up to $11,095.20 for individuals or up to $55,476 for companies may apply for breach of the ban. Significant penalties may also apply for any misleading or deceptive claims around sustainability.

Beware: The Victorian law is one of the most ambitious and far-reaching in scope, and can be taken as a bit of a crystal-ball glimpse into what’s coming across the country.   From 1 January 2026 the Victorian government plans to ban the use of plastics (including biodegradable and recycled plastics) in all food and drink packaging, including food-contact packaging for retail sale.

Where to from here?

While it is currently only suppliers of single-use serving items that need to be using plant-based non-plastic materials (recycled/recyclable isn’t enough), everyone across the food service, manufacturing, and retail sectors needs to be actively working now towards food-contact packaging solutions that don’t use plastics, and are biodegradable (compostable) or reliably reusable/refillable.

Paper/fibre, glass, or metal packaging materials remain good options.

WA

What you should be doing now?

As part of Western Australia’s ‘Plan for Plastics’ the supply and distribution of single-use plastic items such as plates, unlidded bowls, cutlery, stirrers, straws, unlidded cups for cold beverages, thick plastic shopping bags, PES takeaway food containers, and unlidded takeaway food containers are banned across the state. 
Recently, the ban was expanded to prevent supplies and hospitality venues from distributing loose and moulded EPS packaging, degradable plastics, produce bags, EPS cups and food trays (such as those used to package raw meat and seafood), coffee cups and lids, lids for cups, bowls, trays, plates and takeaway food containers, and trays for takeaway foods. 
Penalties up to $5,000 apply for the sale and supply of banned single-use plastic items.

What’s next?

It is WA’s goal that all single-use plastic products will be phased out by July 2025 to comply with the national plan. Degradable plastic and recyclable plastics are already not good enough, so compostable plant-based, and reusable/recyclable/refillable glass, metal, and ceramic materials are what you should be seeking and supplying.

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