Guidance on single-use plastic products banned or phased out from July 2023

The Waste Minimisation (Plastic and Related Products) Regulations 2022 were issued in March 2022 and amended in November 2022 [New Zealand Legislation website]

From 1 July 2023 the sale of single-use plastic drinking straws is only available to disabled people and those with health conditions.

Description of restricted product

A single-use drinking straw that contains any type of plastic (including compostable or biodegradable plastic). 

What’s not included

• Reusable plastic straws such as silicone straws
• Until 1 January 2026, single-use plastic drinking straws that are attached to a beverage box by a machine (eg, juice or milk boxes) or are otherwise an integral part of the packaging are exempt from the regulations.

Single-use plastic drinking straws are still available for some people 

Disabled people and those with health conditions (or someone acting on their behalf) are still able to access and use single-use plastic drinking straws if they need them.

Plastic straws may be needed for a nutrition reason, independence and/or social inclusion. Alternatives aren’t always suitable or safe and can be more expensive and difficult to clean. 

Entities and businesses permitted to sell or provide single-use plastic drinking straws 

Under the regulations, some entities and businesses are permitted to sell or provide single-use plastic drinking straws to people who need them, including: 

• supermarkets
• pharmacies
• hospitality businesses
• education entities
• charitable entities
• health and disability support services. 

A manufacturer or wholesale supplier may sell single-use plastic drinking straws to any of the above entities. However, an exempt entity, a supermarket or a pharmacy must not display single-use plastic drinking straws for sale.

Disabled people and those with a health condition will also still be able to buy single-use plastic drinking straws from retailers online. 

For help with talking to your team or customers about the changes, see Talking to others about the 1 July bans.  

Information for businesses and entities permitted to sell or provide single-use plastic drinking straws

Single-use plastic drinking straws can be provided on request. A person (or someone acting on their behalf) is not required to explain their disability or health condition or provide evidence of their need to access plastic straws. Plastic straws must not be on display. 

Alternatives

Alternatives to single-use plastic drinking straws are widely available.

They include:

• reusable straws (eg, metal and silicon) 
• paper straws
• going without a straw altogether. 

From 1 July 2023 the sale or manufacture of single-use plastic tableware and cutlery is not permitted.

Description of banned products

Tableware and cutlery

• made wholly or predominantly of any type of plastic (including recyclable, compostable or biodegradable plastic) and
• designed to be used once or a limited number of times before being thrown away.

Banned tableware includes single-use plastic bowls, plates and platters.

Banned cutlery includes single-use forks, spoons, teaspoons, knives and chopsticks. It also includes cutlery that is integral to the packaging of a food product (eg, cutlery sold with single-serve ice cream or salad packs).

Plastic cutlery like the example below are included in the ban.

Single-use plastic tableware and cutlery are often used at food markets, parties, festivals and other events such as community and sports group gatherings.

For help with talking to customers about the changes, see Talking to others about the 1 July bans.

What's not included

The ban does not include:

• plastic containers (ie, a plastic bowl or a plate that is part of a container with a lid. Note: polystyrene bowls and containers with lids (plastic type 6) have already been banned — See plastic products banned from October 2022
• plastic items that are not used for eating or preparing food (eg, measuring spoons or scoops such as those provided with medicine, supplements, infant formula or washing powder)
• tableware made of other materials (eg, paper, bamboo or sugarcane pulp) that is plastic lined
• single-use plastic cups, except those made from expanded polystyrene which were banned in October 2022.

Alternatives 

Alternatives to single-use plastic tableware and cutlery are widely available and include:

• reusable tableware or cutlery (eg, ceramic, stainless steel, melamine plastic)
• paper or bamboo tableware or cutlery — ideally without intentionally added Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) — (see key terms for more information on PFAS). 

From 1 July 2023, the sale or manufacture of single-use plastic produce bags is not permitted.

Description of banned product

Single-use plastic produce bags are unsealed plastic bags that are provided by the store or retailer to pack fresh fruits and vegetables at a place of purchase.

This ban includes single-use plastic produce bags made of:

• recyclable plastic
• biodegradable plastic
• plant-based or compostable plastic.

There are no exemptions to the ban on single-use plastic produce bags.

For help with talking to customers about the changes, see Talking to others about the 1 July bans.  

What’s not included

The regulations do not ban single-use plastic bags if they are part of the packaging for pre-packaged produce. 

Pre-packaged means fruit or vegetables that are bagged (sealed or not sealed) before being put on sale. 

On this basis, the ban does not include a plastic bag that is or forms an integral part of, the packaging. Examples include pre-packaged mesclun lettuce, a sealed bag of apples, a sealed bag of potatoes or sugar snap peas, leafy greens and herbs in a plastic sleeve, or bagged lettuce. 

The packaging examples below are not included in the ban.

Alternatives

While single-use plastic produce bags are no longer be permitted, the following alternatives may be used:

• Fibre-based (paper) produce bags. The Ministry recommends that all fibre-based products are free from Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) — See key terms for more information on PFAS. 

• Reusable produce bags that are not single-use. Single-use for an item means the item is designed or intended to be used only once or a limited number of times before being disposed of, discarded or diverted.  

• You can also go without a bag altogether when picking out produce to purchase. 

Weighing produce

Under the Weights and Measures Act, it is illegal for retailers to charge for the weight of food packaging.

Most modern weighing instruments have a tare function. This should be used to zero or automatically deduct the weight of the packaging or container before the goods are weighed.

Retailers will need to make adjustments to their tare weights and/or ask customers using their own bags to take the fruits and vegetables out of the bags at checkout before weighing.

We recommend retailers and customers consider reusable bag alternatives. 

For more information see Your rights when buying goods by weight or measure [Trading standards website]

If you have any questions contact MBIE’s Trading Standards Team 

From 1 July 2023, the sale of non-compostable plastic produce labels will be phased out.

Description of banned product

Non-compostable plastic produce labels are labels adhered to fruit or vegetables that are made from any material that does not meet a home compostable standard.

Compostable at home means a produce label meets one of the following standards:

• AS 5810-2010 Biodegradable plastics [PDF 263 KB] — Biodegradable plastics suitable for home composting. 

• NF T51-800 Plastics—Specifications for plastics suitable for home composting.

Any plastic produce label adhered to domestically-grown produce must not be sold unless:

• it is home compostable
• or used only on fruit and vegetables that are intended for export.

What’s not included

• The regulations do not apply to labels used on produce intended for export. Exported labels are out of scope of these regulations which are intended to reduce plastic contamination in Aotearoa New Zealand’s environment. 
• The regulations do not apply to produce labelled prior to 1 July 2023 and already in the supply chain.
• The label adhesive (glue) is not required to be home compostable until 1 July 2025. Globally, label manufacturers are working to develop a home compostable adhesive. This is expected to be available by 2025. 
• Labels used on imported produce are not required to be home compostable until 1 July 2025. This will avoid the cost of delabelling produce and gives other countries time to move to home compostable labels. 

Questions to help you consider whether your produce labels are included in the ban

• Are your labels made of plastic that is not certified home compostable?
• Are your labels intended to be stuck to fruit or vegetables?
• Are your labels intended to be used on produce that is sold in New Zealand?

If the answer to all questions is yes, your produce label is included in the ban. 

Alternatives 

• Consider offering produce that is label-free where possible. 
• Growers, distributors and retailers may use signage and other labelling to carry produce information throughout the supply chain and to customers at the point of sale. 

This diagram may help you consider whether a plastic item is likely to be single-use and included in the ban. 

You may want to consider other factors that determine whether your item is single-use or reusable (eg, a warranty, ordinary consumer behaviour, compliance to an overseas reusability standard, or whether the product meets a dishwashing standard).

*Plastic includes bio-based or compostable plastics, see Waste Minimisation (Plastic and Related Products) Amendment Regulations – November 2022​

**Plastic-lined bowls and plates and home compostable produce labels are not included in the ban. Additives and inks that contain resins are not banned unless found in home compostable produce labels.

Commerce Commission’s approach to substantiating environmental claims

The Commerce Commission advises that under the Fair Trading Act, you must have reasonable grounds for claims at the time they are made. This means that if a manufacturer/supplier/retailer claims that a product is reusable they must have facts, figures or credible sources of information to base this on.

See environmental claims guidelines [Commerce Commission website] 

What to do now

• Stop ordering and supplying plastic straws for general use. 
• Order alternatives as soon as possible. Alternatives to plastic straws are widely available (paper, metal and silicone straws). 
• If you are an exempt entity consider stocking plastic straws for disabled people or those with a health condition.
• You may need to check your supply lines for continued availability of plastic straws.

Consider what to do with any excess stock

• Enquire if excess stock can be returned to the supplier.
• Single-use plastic drinking straws can still be provided to disabled people and those with a health condition if you are an exempt entity under the regulations.

Inform your team and customers

• Ensure your team understands that you are not permitted to sell single-use straws for general use.
• If you are an exempt entity and you choose to stock plastic straws, ensure your team understands that:
  • single-use plastic drinking straws are essential for some disabled people or those with a health condition
  • to avoid unfair stigmatisation, people do not need to provide proof of their disability or health condition in order to access a plastic straw.
• Train staff to communicate the change to your customers. 
• Remind customers that the restrictions have been introduced by the Government. They apply to all businesses and are not optional. 

For help with talking to your team or customers about the changes, see Talking to others about the 1 July bans.

What to do now

• Stop ordering and providing the banned products. 
• Order alternatives as soon as possible (see Choosing alternative products). 
• If you manufacture a banned product, consider the alternative materials you could use instead.

Consider what to do with any excess stock

• Do not stockpile unused products as you are no longer permitted to sell or provide them for free to customers. 
• Find out if excess stock can be recycled – this depends on the type of plastic and its use. Contact your supplier and local recyclers. 
• See a list of New Zealand recyclers on the Plastics NZ website.
• Ask your supplier if excess stock can be returned.

Inform your team and customers

• Tell your team about the changes and how your business is going to avoid or replace plastic tableware or plastic produce bags.
• Train staff to communicate the change to your customers.
• Remind customers that the bans have been introduced by the Government. They apply to all businesses and are not optional. 

For help with talking to customers about the changes, see Talking to others about the 1 July bans.

The information below is designed to be a guide only.

Reusability 

Consider choosing products or packaging that are reusable (eg, metal cutlery). Reusable products keep the resources in use for longer.  

• Can the product be reused many times for the same purpose? 
• How many times can the product be reused safely before it begins to degrade? 
• Has the manufacturer tested its durability? 
• Can you communicate with the customer about what they should do with the product at the end of its life either through labelling or signage? 

Materials used

Consider the materials in your product or packaging. Some materials are harmful and some are easier to recycle and reuse than others. Consider choosing products that are made from less harmful materials and/or are more easily reused or reprocessed. 

• Is it just one material or a blend of materials?
  • Products made from a blend of materials or with components made of different materials are often harder to process at the end of their functional life, meaning they may end up in landfill. The fewer material types in a product, the better.  

• Are there inks, dyes or other additives used? 
  • Look for inks, dyes or additives that are not petroleum-based.
  • Look for materials that do not use per- and polyfluoroalkyl substances (PFAS) substances. 

• If the product is made from paper, is the paper bleached or un-bleached? 
  • Unbleached paper does not require as many chemicals as bleached paper. It is also more suitable for composting or recycling. 

• Is the product made from a compostable material?
  • Read the Ministry’s position statement on compostable products. It outlines how compostable products could play a role in a circular economy in Aotearoa.  

Product performance 

Understanding how the product or packaging performs for your purposes is important to deliver the best outcomes for you and your customers.  

• Does the product or packaging need to be leak proof? 
• Does the product or packaging need to withstand high temperatures? 
• Does the product or packaging need to be durable?  
• If likely to be contaminated in use, how easily can the contamination be separated out from the product or packaging for recycling? 

Production process 

Understanding how the product or packaging is made means you can choose an option that uses fewer resources and produces less greenhouse gas emissions.   

• How is the product or packaging produced? 
• What resources are required for its production, including raw material inputs, energy and its source, and water use?
• Is the product or packaging certified to a particular standard (eg, carbon neutral, industrial or home compostable), providing verification and transparency around how the product is made?  

Production location 

Understanding where the product or packaging is made allows you to consider the greenhouse gas emissions involved in its transport. Generally, choosing products or packaging made in Aotearoa New Zealand reduces greenhouse gas emissions from transport.

• How far does the product or packaging have to be transported to be used?

Recycled content 

Products or packaging that have recycled content are generally less resource-intensive to manufacture than products with no recycled content.   

• Does the product include recycled content?  

You may find the facts below helpful if you need to explain the bans to your customers or others.

About the new regulations coming into force on 1 July 2023

• The Government has phased out more single-use plastics. The Government has also restricted the use of plastic straws and is phasing out non-compostable produce labels.
• The manufacture, sale or distribution of single-use plastic produce bags, and plastic plates, bowls and cutlery is banned.
• The general sale of plastic straws is also restricted. Some disabled people and people with a health condition need plastic straws to drink. Supermarkets, pharmacies, hospitality venues and health and disability services are still allowed to sell and provide plastic straws to people who need them. Plastic straws can also still be purchased from online retailers.
• Plastic produce labels must begin the transition to become fully home compostable by 2025. This transition period will allow time for improvements to compostable label technology.

Problems with single-use plastic products

• Single-use plastic products are often littered and can overflow from bins into waterways.
• Plastics never fully break down. They just turn into smaller plastic pieces, which can enter our waterways and even our food chain.
• Plastic litter can negatively impact sea life such as seabirds and turtles who may mistake litter for food or be entangled in litter.
• By banning these items, we are taking practical steps towards a low-waste future and healthier environment.

All businesses are legally obligated to comply with the regulations. The Ministry for the Environment will first work with businesses to ensure they understand their obligations, however penalties apply for non-compliance.   

We will generally take an educational approach and offer advice to help businesses understand their responsibilities. The way we work is guided by our Compliance, monitoring and enforcement strategy.  

We will take enforcement action where appropriate, particularly where systemic or ongoing non-compliance occurs. Parties that contravene the Waste Minimisation Act 2008 may face prosecution and, if convicted, fines of up to $100,000 per offence. All prosecution decisions are made subject to our Prosecutions policy and Enforcement decision making policy. 

Fill out this online form for reporting suspected non-compliance.

PFAS

Some moulded fibre-based products, such as bowls and plates have PFAS linings which make them water and grease resistant. This can include products that are marketed as more ‘eco-friendly’.

PFAS stands for Perfluoroalkyl and Polyfluroalkyl substances which are a wide group of synthesized chemicals. PFAS are becoming a serious health concern as they can accumulate in soil, plants, and the human body. PFAS can be intentionally or unintentionally added (eg, when a product contains recycled content).

Plastic

Plastic means any plastic material that is manufactured from any source (including a bio-based source) whether or not it is designed to degrade in a particular way.

Sale

The definition of sale in the regulations includes selling for monetary value, providing for free, distribution or delivery and wholesale supply to retailers.

Single-use

Single-use means the item is designed or intended to be used only once or a limited number of times before being disposed of or discarded.