Circular Economy and Miscellaneous Provisions Act 2022

Prohibition on sale of certain single-use items

14. (1) Subject to subsection (3), the Minister may, with the consent of the Government, make regulations prohibiting the supply in the State of any or all of the following:

(a) single-use cups;

(b) single-use containers;

(c) single-use packaging;

(d) plastic bags;

(e) such class or classes of the single-use items referred to in paragraphs (a) to (d) as he or she may prescribe for the purposes of this section.

(2) In making regulations under this section, the Minister shall have regard to the level of material wastage associated with the single-use item or, as the case may be, the class or classes of single-use item, concerned.

(3) Regulations may be made by the Minister under this section in respect of a single-use item referred to in subsection (1) or a class or classes of such single use items, as the case may be, only where he or she is satisfied that, in respect of the single-use item or, as the case may be, the class or classes of single-use item concerned, a suitable re-usable alternative or a suitable alternative with a lower level of material wastage, having regard to the purpose for which and circumstances in which the single-use item or class of single-use item concerned is supplied, is, or could be made, readily available.

(4) Regulations under subsection (1) shall come into operation not earlier than 6 months after the date on which they are made.

(5) The Minister may, having regard to the need to protect the health or safety of the public, prescribe exemptions from the application of regulations made under this section.

(6) A person who fails to comply with a provision of regulations under subsection (1) commits an offence and sections 13 (4) to (7) shall apply in respect of that offence as they do to an offence under section 13 (1).

(7) The Minister shall, not later than 12 months after the coming into operation of this subsection, publish, on a website maintained by or on behalf of the Minister or the Government, a report prepared by or on behalf of the Minister examining how single‑use packaging used in the sale of fruit and vegetables can be reduced.