South Australian Current Regulations South Australian Current Regulations (1) In these
regulations, unless the contrary intention appears—
"Act" means the Single-use and Other Plastic Products (Waste Avoidance) Act
2020 ;
"AS 4736-2006" means Australian Standard AS 4736-2006 (
Biodegradable plastics—Biodegradable plastics suitable for composting
and other microbial treatment ) as in force from time to time;
"AS 5810-2010" means Australian Standard AS 5810-2010 (
Biodegradable plastics—Biodegradable plastics suitable for home
composting ) as in force from time to time;
"authorised certifier" means a person approved by the Minister as an
authorised certifier for the purposes of these regulations;
"balloon stick" means a stick designed or intended to be attached to an
inflated balloon and includes a stick with a cup, base or other attachment
device that forms part of the stick;
"balloon tie" means—
(a) a
device that is designed or intended to be attached to a balloon to seal the
balloon; or
(b) a
cup, base or other attachment device that is designed or intended to attach a
balloon to a balloon stick or ribbon,
but does not include—
(c) a
ribbon; or
(d)
garland tape;
"beverage plug" means a plug, stopper or similar device designed or intended
to be inserted into the lid of a beverage cup to prevent spillage or leakage
from the lid;
"care facility" means a nursing home, aged care facility,
supported residential facility or other facility at which disability support,
palliative care, respite care or rehabilitation services are provided;
"catering platter" means a food container that is designed or intended to be
used to contain multiple serves of food for the purposes of catering at a
function or event, and includes any lid for the container (whether separate or
attached to the container);
"certified as compostable"—see subregulation (2);
"charitable organisation" means an entity registered under the
Australian Charities and Not-for-profits Commission Act 2012 of the
Commonwealth;
"designated person" means a person who requires a single-use plastic drinking
straw due to a disability or for medical purposes or medical reasons;
"expanded polystyrene food or beverage container" means a container, and
includes any lid for the container, made, in whole or in part, of expanded
polystyrene that is designed or intended to be used for the retail sale of
food or beverages, but does not include—
(a) an
expanded polystyrene cup, bowl, plate or clamshell container; or
Note—
See section 6(1) of the Act.
(b) an
expanded polystyrene food tray; or
(c) a
cooler box, or a lid for a cooler box, made, in whole or in part, of expanded
polystyrene that is designed or intended to be used as packaging for
perishable food products for the purposes of delivery to a customer by, or on
behalf of, a retailer; or
(d) a
container, or a lid for a container, made, in whole or in part, of expanded
polystyrene that is designed or intended to be used for the transport
of perishable food products from 1 business (the "first business") to a second
business (where that business is not a retail customer of the first business);
or
(e)
before 1 September 2025—an expanded polystyrene food
or beverage container that forms part of the packaging of a relevant food or
beverage product;
"expanded polystyrene food tray" means a tray made, in whole or in part, of
expanded polystyrene that is designed or intended to be used for the packaging
of meat, poultry, fish, vegetables, fruit or other food products for retail
sale;
"fish" includes crustaceans and molluscs;
"food bag tag" means a rigid tag designed or intended to hold closed a bread
bag or other food product bag, but does not include—
(a) a
twist tie or cable tie; or
(b)
before 1 September 2029—a plastic food bag tag used to hold
closed a bag of potatoes or carrots weighing 2 kg or more;
"garland tape" means flexible tape with small holes designed or intended to
allow multiple balloons to be placed together to create a decoration;
"home compostable", in relation to a plastic product, means that the product
complies with AS 5810-2010;
"industrially compostable", in relation to a plastic product, means that the
product complies with AS 4736-2006;
"local government council" means a council under the Local Government
Act 1999 ;
"medical or dental facility" means a facility at which medical or dental
services (including treatment, care, research or diagnostic services) are
provided;
"pharmacy business" has the same meaning as in Part 4 of the Health
Practitioner Regulation National Law (South Australia) Act 2010 ;
"pizza saver" means a device designed or intended to be placed inside a pizza
box to prevent the lid of the box from touching a pizza contained in the box;
"plastic barrier bag" means a plastic bag without handles that—
(a) is
designed or intended to be used to contain or protect unpackaged fresh fruit
or vegetables, nuts or confectionery; or
(b) is
used by a retail customer as additional protection from leakages for
pre-packaged meat, poultry, fish, herbs or flowers,
but does not include a plastic bag that is certified as compostable provided
that—
(c) in
the case of a bag that is home compostable—it is clearly labelled as, or
otherwise marked in a manner that indicates that it is, home compostable, or
both home compostable and industrially compostable; or
(d) in
the case of a bag that is industrially compostable, but not
home compostable—it is clearly labelled as, or otherwise marked in a
manner that indicates that it is, industrially compostable;
"plastic confetti" means a product comprised of pieces of plastic that are
designed or intended to be thrown or projected into the air or otherwise
scattered for decorative, festive or celebratory purposes and includes—
(a) such
a product that is enclosed in a balloon (whether for decoration or for release
by popping the balloon); and
(b)
plastic streamers that are designed or intended to be thrown or projected into
the air,
but does not include—
(c)
sequins, diamantes, beads or glitter; or
(d) a
product designed or intended to be used as a craft product; or
(e)
confetti that is designed or intended to be permanently contained within, or
form a permanent part of, another product (other than a single-use product)
for decorative purposes;
"plastic shopping bag" means a plastic bag that—
(a) has
handles; and
(b) is
used as a means of carrying goods purchased from a retailer,
but does not include—
(c) a
plastic bag that constitutes, or forms an integral part of, the packaging in
which goods are sealed prior to sale; or
(d) an
unsealed plastic bag that is the packaging in which perishable food is offered
for sale; or
(e) a
shopping bag that is made, in whole or in part, of 1 or more of the following
fabrics:
(i)
nylon;
(ii)
polyester;
(iii)
woven polypropylene;
(iv)
non-woven polypropylene if—
(A) the bag has sewn, rather than
heat-welded, seams; and
(B) the fabric has a minimum weight of
90 g/m² measured as a single layer of fabric; or
(f) a
plastic bag that is certified as compostable provided that—
(i)
in the case of a bag that is home compostable—it is
clearly labelled as, or otherwise marked in a manner that indicates that it
is, home compostable, or both home compostable and industrially compostable;
or
(ii)
in the case of a bag that is industrially compostable,
but not home compostable—it is clearly labelled as, or otherwise marked
in a manner that indicates that it is, industrially compostable;
"plastic-stemmed cotton bud" means a product that—
(a) has
a stem that is comprised, in whole or in part, of plastic; and
(b) has
a tip comprised of cotton wool, synthetic fibre or some other similar
substance at 1 or both ends,
but does not include such a product that has a tip or tips that are designed
or intended to be detached from the stem and replaced;
"premises" means any land, building or structure including a moveable building
or structure or any vehicle (within the meaning of the Road Traffic
Act 1961 );
"prescribed business" means—
(a) a
pharmacy business; or
(b) a
local government council; or
(c) a
charitable organisation; or
(d) a
care facility; or
(e) a
medical or dental facility;
"prescribed food container" means a single-use plastic food container,
including a cup (other than a single-use plastic beverage cup), bowl, tray or
other food container, whether or not it has, or is designed or intended to
have, a lid (whether separate or attached) that is used—
(a) for
the retail sale of ready-to-eat food; or
(b) to
hold a condiment that is—
(i)
provided to be used with ready-to-eat food; and
(ii)
packaged in the container on the retail premises at which
the ready-to-eat food is sold,
but does not include—
(c) an
expanded polystyrene cup, bowl, plate or clamshell container; or
Note—
See section 6(1) of the Act.
(d) an
expanded polystyrene food or beverage container or an expanded
polystyrene food tray; or
(e) a
single-use plastic catering platter; or
(f) a
single-use plastic food container that is certified as compostable; or
(fa)
before 1 March 2026—a single-use plastic food container—
(i)
with a capacity of 500 ml or less; and
(ii)
that has a lid (whether separate or attached to the
container); and
(iii)
that is used for the retail sale of potatoes, gravy or
peas (whether separately or in combination with one another) intended to be
provided to a customer at a temperature of above 60°C; or
(g)
before 1 September 2029—a single-use plastic food container
comprised of a transparent square or rectangular food container with a
detachable transparent lid, both of which are made wholly from polypropylene
or polyethylene terephthalate;
"prescribed food container lid" means a single-use plastic lid or cover
designed or intended to be fitted onto a prescribed food container (whether
separate or attached to the container) and includes plastic film intended to
seal the top of a prescribed food container, but does not include—
(a) a
paper or cardboard lid lined or coated with plastic that is designed or
intended to be used with an aluminium foil food container used for
ready-to-eat food; or
(b) a
single-use plastic lid that is certified as compostable;
"ready-to-eat food" means food that is—
(a)
prepared or packaged on retail premises at the request or order of a customer;
or
(b)
prepared fresh and pre-packaged on the day, or shortly before the day, on
which it is intended to be offered for retail sale,
and is ready to be eaten without further cooking, heating, defrosting, washing
or other preparation and is ordinarily intended to be eaten at the site of
sale or shortly after at another place;
"relevant food or beverage product" means a food or beverage product that is
pre-packaged as a single-serve prior to its sale, supply or distribution to a
retailer for retail sale or supply and is ready for—
(a)
immediate consumption; or
(b)
consumption after cooling or heating the food or beverage;
"single-use plastic beverage cup" means a single-use plastic cup designed or
intended to hold a beverage, but does not include—
(a) an
expanded polystyrene cup; or
Note—
See section 6(1)(d) of the Act.
(b) a
single-use plastic beverage cup that is certified as compostable;
"single-use plastic beverage cup lid" means a single-use plastic lid designed
or intended to be fitted onto a beverage cup and includes plastic film
intended to seal the entire top of a beverage cup, but does not include a
single-use plastic lid for a beverage cup if the lid is certified as
compostable;
"single-use plastic bowl" does not include—
(a) an
expanded polystyrene bowl; or
Note—
See section 6(1)(e) of the Act.
(b) a
single-use plastic bowl designed or intended to have a spill-proof lid,
whether separate or attached; or
(ba) a
prescribed food container that is a bowl; or
(c) a
single-use plastic bowl that forms part of the packaging of a
relevant food or beverage product; or
(d)
before 1 November 2024—a paper or cardboard bowl lined or
coated with plastic that is not certified as compostable; or
(e) a
single-use plastic bowl that is certified as compostable;
"single-use plastic plate" does not include—
(a) an
expanded polystyrene plate; or
Note—
See section 6(1)(f) of the Act.
(b) a
single-use plastic plate that forms part of the packaging of a
relevant food or beverage product; or
(c)
before 1 November 2024—a paper or cardboard plate lined or
coated with plastic;
"supported residential facility" means premises licensed as a
supported residential facility under the Supported Residential Facilities
Act 1992 .
(2) For the purposes
of these regulations, a plastic product is "certified as compostable if—
(a)
—
(i)
the plastic product has been assessed and tested by an
authorised certifier and the authorised certifier has issued a certificate
verifying that the product complies with AS 4736-2006 or
AS 5810-2010; and
(ii)
the certificate's period of validity has not expired; or
(b)
until the determination date—the plastic product is the subject of an
application for its certification in accordance with AS 4736-2006 or
AS 5810-2010 that is made to an authorised certifier before
1 March 2026, but has not been determined before that date (and, in
the case of a plastic shopping bag or a plastic barrier bag, the labelling
requirements in paragraph (f) of the definition of "plastic shopping bag
or paragraphs (c) and (d) of the definition of
"plastic barrier bag" (as the case requires) do not apply until the
determination date); or
(c)
until 1 March 2026 (other than in the case of a plastic shopping bag
or a plastic barrier bag)—the plastic product has, before that
date—
(i)
a current and valid certification in accordance
with—
(A) ASTM D6400-23 ( Standard
Specification for Labeling of Plastics Designed to be Aerobically Composted in
Municipal or Industrial Facilities ); or
(B) EN 13432 (
Packaging—Requirements for packaging recoverable through composting and
biodegradation—Test scheme and evaluation criteria for the final
acceptance of packaging ); or
(ii)
a current and valid TUV OK compost INDUSTRIAL or
TUV OK compost HOME certification.
(3) For the purposes
of subregulation (2), the "determination date , in respect of a plastic
product, is the date on which the application for the product's certification
in accordance with AS 4736-2006 or AS 5810-2010 is determined,
withdrawn or otherwise finalised.
(4) For the purposes
of the definition of "authorised certifier , the Minister may, by notice in
the Gazette—
(a)
approve a person as an authorised certifier for the purposes of these
regulations; or
(b)
revoke an approval under paragraph (a).