Prohibited Plastic Product Laws Extended in SA


This article applies to organisations who manufacture, produce, distribute, sell or supply, plastic products.

Single-use and Other Plastic Products (Waste Avoidance) Act 2020 (SA)

Please be advised that remaining parts of the Single-use and Other Plastic Products (Waste Avoidance) Act 2020 (SA) (the Act) came into operation on 1 March 2022. Details of the new provisions are outlined below.

Additional items listed as Prohibited Plastic Products

The following plastic products have been added to the list of prohibited plastic products found in section 6 of the Act:

  • an expanded polystyrene cup;
  • an expanded polystyrene bowl;
  • an expanded polystyrene plate;
  • an expanded polystyrene clamshell container.

Oxo-Degradable Plastic Products

Under section 9 of the Act the manufacture, production, sale, supply and distribution, of oxo-degradable plastic products by a person in the course of carrying on a business is prohibited. This applies to products comprised in whole, or in part, of oxo-degradable plastic.

This offence attracts a maximum penalty of $20,000 for a prescribed person and $5,000 in any other case.

Certification for oxo-degradable plastic content

Any person who, in the course of carrying on a business, manufactures, produces, distributes, sells or supplies by wholesale, a plastic product, must be ready to provide certification to the Authority as to whether the plastic product does or does not contain oxo-degradable plastic. Failure to do so attracts a maximum penalty of $20,000.

Certification under this section must be in the manner and form, and contain the information, determined by the Authority and be provided to the Authority within 30 days of the making of the request.

Offence to misrepresent a prohibited plastic product

Finally, it is an offence to represent to other persons that a product is not comprised, in whole or in part, of oxo-degradable plastic when the product in fact is comprised of this material. The offence can be proved if the representor knew or ought reasonably to have known that the product was comprised of oxo-degradable plastic.

This offence attracts a maximum penalty of $30,000.00.

Oxo-degradable plastic means a material (however described) made of plastic which includes additives to accelerate the fragmentation of the material into smaller pieces, triggered by ultraviolet radiation or heat exposure, whether or not this is, or may be, followed by partial or complete breakdown of the material by microbial action.

Conclusion

In consideration of the new items added to the prohibited plastic products list and the significant penalties concerning oxo-degradable plastic, organisations should implement controls and processes to ensure compliance with the law, and achieve an appropriate level of staff awareness with regard to these changes.


Contact

For further information please contact the Law Compliance team:

Phone: 1300 862 667

Email: info@lawcompliance.com.au