Waste Minimisation (Plastic and Related Products) Amendment Regulations 2022
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2022/312
Waste Minimisation (Plastic and Related Products) Amendment Regulations 2022
Cindy Kiro, Governor-General
Order in Council
At Wellington this 28th day of November 2022
Present:
Her Excellency the Governor-General in Council
These regulations are made under section 23(1)(b) of the Waste Minimisation Act 2008—
(a)
on the advice and with the consent of the Executive Council; and
(b)
on the recommendation of the Minister for the Environment made after complying with that section.
Contents
Regulations
1 Title
These regulations are the Waste Minimisation (Plastic and Related Products) Amendment Regulations 2022.
2 Commencement
These regulations come into force on 1 July 2023.
3 Principal regulations
These regulations amend the Waste Minimisation (Plastic and Related Products) Regulations 2022.
4 Regulation 3 amended (Interpretation)
(1)
In regulation 3(1), insert in their appropriate alphabetical order:
home compostable means home compostable within the meaning of 1 or both of the following standards:
(a)
AS 5810-2010 Biodegradable plastics—Biodegradable plastics suitable for home composting:
(b)
NF T51-800 Plastics—Specifications for plastics suitable for home composting
plastic cutlery—
(a)
means a product that—
(i)
contains any plastic; and
(ii)
is used, or intended for use, as a utensil to eat food; and
(b)
includes forks, spoons, teaspoons, knives, and chopsticks
plastic drinking straw means a drinking straw that contains any plastic
plastic produce bag—
(a)
means a bag that—
(i)
contains any plastic; and
(ii)
is used, or is intended for use, by a person to pack fresh fruit or vegetables and take the fruit or vegetables away from the place at which the fruit and vegetables were packed; but
(b)
does not include a plastic bag that is, or forms an integral part of, the packaging in which goods are sealed before sale
plastic produce label—
(a)
means a product that—
(i)
contains any plastic; and
(ii)
is used, or intended for use, as a label to be affixed to fruit or vegetables; and
(b)
includes the adhesive of the label
plastic tableware—
(a)
means a bowl, plate, platter, or tray that is made wholly or predominantly of plastic; but
(b)
does not include a bowl or plate that forms part of a container with a lid
wholesale supplier means a person that sells plastic drinking straws to persons other than end users
(2)
Replace regulation 3(2)(b) with:
(b)
sale, which includes—
(i)
an offer for sale; and
(ii)
distribution or delivery, whether or not for valuable consideration.
5 Regulation 5 amended (Person must not manufacture or sell certain products (generally containing plastic))
After regulation 5(1)(e), insert:
(f)
plastic cutlery that is single-use:
(g)
plastic produce bags that are single-use:
(h)
plastic tableware that is single-use.
6 New regulations 6 and 7 inserted
After regulation 5, insert:
6 Person must not sell certain other products that contain plastic
A person must not sell any of the following products:
(a)
plastic drinking straws that are single-use, unless regulation 7 applies:
(b)
plastic produce labels, unless they are—
(i)
home compostable; or
(ii)
used, or intended for use, only on fruit or vegetables that are intended for export.
7 Exemption in relation to sale of single-use plastic drinking straws
(1)
The purpose of this provision is to enable the sale of single-use plastic drinking straws for use by a person who has a health condition or disability that requires them to use a plastic drinking straw to help them to drink.
(2)
A manufacturer or wholesale supplier may sell single-use plastic drinking straws to any 1 or more of the following entities:
(a)
an exempt entity:
(b)
a supermarket:
(c)
a pharmacy:
(d)
a wholesale supplier.
(3)
An exempt entity, a supermarket, or a pharmacy—
(a)
may sell single-use plastic drinking straws to a person who requests them; and
(b)
must not require a person who requests single-use plastic drinking straws to explain or provide evidence that the person has, or is acting on behalf of a person who has, a health condition or disability that requires them to use a plastic drinking straw to help them to drink.
(4)
A pharmacy may also sell single-use plastic drinking straws to an exempt entity.
(5)
However, an exempt entity, a supermarket, or a pharmacy must not display single-use plastic drinking straws for sale.
(6)
In this regulation, exempt entity means—
(a)
a charitable entity as defined in section 4 of the Charities Act 2005:
(b)
an education entity as defined in section 10(8) of the Education and Training Act 2020:
(c)
a hospitality business:
(d)
a health or disability service as defined in section 5 of the Health and Disability Services (Safety) Act 2001:
(e)
a public service agency as defined in section 10(a) of the Public Service Act 2020:
(f)
a Crown agent as defined in section 10 of the Crown Entities Act 2004.
7 Schedule 1 amended
In Schedule 1, replace Part 1 with the Part 1 set out in the Schedule of these regulations.
Schedule Part 1 of Schedule 1 replaced
Part 1 Provisions relating to Waste Minimisation (Plastic and Related Products) Amendment Regulations 2022
1 Interpretation
In this Part, Amendment Regulations means the Waste Minimisation (Plastic and Related Products) Amendment Regulations 2022.
2 Regulations do not apply to plastic produce labels affixed to fruit or vegetables before commencement
Regulation 6(b) (as inserted by regulation 6 of the Amendment Regulations) does not apply to a plastic produce label that is affixed to a fruit or vegetable before the commencement of the Amendment Regulations.
3 Transition period for the sale of certain plastic drinking straws
(1)
This clause applies during the period commencing on 1 July 2023 and ending on 1 January 2026.
(2)
Regulation 6(a) (as inserted by regulation 6 of the Amendment Regulations) does not apply to a plastic drinking straw that forms an integral part of the packaging in which goods are sealed before sale.
4 Transition period for sale of certain plastic produce labels
(1)
This clause applies during the period commencing on 1 July 2023 and ending on 1 July 2025.
(2)
Regulation 6(b) (as inserted by regulation 6 of the Amendment Regulations) does not apply to plastic produce labels that are used, or intended for use, on imported fruit and vegetables.
(3)
A plastic produce label must be treated as home compostable for the purposes of regulation 6(b)(i) (as inserted by regulation 6 of the Amendment Regulations) if all of the produce label except its adhesive is home compostable.
Rachel Hayward,
Clerk of the Executive Council.
Explanatory note
This note is not part of the regulations, but is intended to indicate their general effect.
These regulations amend the Waste Minimisation (Plastic and Related Products) Regulations 2022. They come into force on 1 July 2023.
Banned products
The regulations add to the list of products that must no longer be manufactured or sold. The additional products are—
single-use plastic cutlery:
single-use plastic produce bags:
single-use plastic tableware.
The regulations create a new list of products that must not be sold unless specified exceptions apply. The products are—
plastic produce labels:
single-use plastic drinking straws.
As defined by the Waste Minimisation Act 2008, sale includes—
an offer for sale; and
distribution or delivery, whether or not for valuable consideration.
Exceptions in relation to produce labels
Plastic produce labels may be sold if they—
are used, or intended for use, on fruit and vegetables for export; or
are home compostable.
Until 1 July 2025,—
plastic produce labels may be sold if they are used, or intended for use, on imported fruit and vegetables; and
a plastic produce label is considered home compostable if all of the plastic produce label except its adhesive is home compostable.
Exceptions in relation to plastic drinking straws
Plastic drinking straws may be sold to supermarkets, pharmacies, exempt entities, and wholesale suppliers to enable sale for use by a person who has a health condition or disability that requires them to use a plastic drinking straw to help them to drink. Supermarkets, pharmacies, and exempt entities may only sell single-use plastic drinking straws to a person (or someone acting on that person’s behalf) if they request one. A person (or someone acting on their behalf) is not required to explain or provide evidence of their health condition or disability to purchase plastic straws. Supermarkets, pharmacies, and exempt entities must not display single-use plastic drinking straws for sale.
Until 1 January 2026, plastic drinking straws that are integrated into the packaging of a product by machine-automated process (such as a sealed plastic drinking straw attached to a beverage box by a machine) are exempt from these regulations.
Regulatory impact statement
The Ministry for the Environment produced a regulatory impact statement in May 2021 to help inform the decisions taken by the Government relating to the contents of this instrument.
A copy of this regulatory impact statement can be found at—
https://environment.govt.nz/assets/publications/plastic-phase-outs-regulatory-impact-statement.pdf
Date of notification in Gazette: 1 December 2022.
These regulations are administered by the Ministry for the Environment.
Versions
Waste Minimisation (Plastic and Related Products) Amendment Regulations 2022
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