Ban on the supply and sale of wet wipes containing plastic: Fairer Scotland Duty Assessment

Fairer Scotland Duty - Assessment not required declaration

Policy title

A ban on the supply and sale of wet wipes containing plastic.

Directorate: Marine Directorate

Division: Marine Environment

Team: Clean Seas

Policy lead responsible for taking the decision

Anne Saunders

Rationale for decision

The proposed secondary legislation, of a ban on the supply and sale of wet wipes containing plastic, utilises powers that already exist under the Environmental Protection Act 1990. Several bans of single-use plastic items already exist in Scotland under this Act. This policy is a market restriction on one type of wet wipe (those containing plastic, for domestic use), and is not wholly removing a product from the market altogether. Therefore, for all these reasons, this policy is not a strategic decision.

The ban on the supply and sale of wet wipes containing plastic has a clear purpose of environmental protection. The objective is to reduce wet wipes containing plastic as a source of single-use plastic litter, and reduce the negative impacts posed if these items are incorrectly disposed of and arrive in the environment.

The ban has no implications for socio-economic inequalities. Several retailers and producers have already made voluntary commitments to stop producing or selling wet wipes that contain plastic, and as a result, alternatives to wet wipes containing plastic are readily available. Evidence from work commissioned by the UK Government suggests that there is not a significant retail price difference between wet wipes that contain plastic and those that do not^[1].

The ban would not have an impact on employment. Under the regulations as set out in the Final Business and Regulatory Impact Assessment (BRIA), manufacturing of wet wipes containing plastic for medical uses, industrial uses, and for business-to-business sales within the UK and for export abroad would still be permitted. The Final BRIA will be published alongside the legislation.

Through the consultation and via engagement with stakeholders, three businesses which have manufacturing facilities in Scotland were identified. These companies produce healthcare and / or industrial wipes and supply business-to-business only. Their products are exempt from the regulations, and it is therefore not considered that these businesses and their workforces would be impacted by the ban.

In conclusion, the introduction of this secondary legislation would have no impact on employment and would not alter budgets or impact on other policies that affect people. This legislation will not lead to greater material deprivation, and it will not restrict access to basic goods and services as alternative products are already available, and as medical and healthcare exemptions will be in place. Those who require wet wipes containing plastic for medical or healthcare needs would still be able to obtain them from registered pharmacies. It is for these reasons that the decision was made that an assessment under the Fairer Scotland Duty is not required in this instance.

I confirm that the decision to not carry out a Fairer Scotland assessment has been authorised by:

Name and job title of Deputy Director (or equivalent)

Caro Cowan

Deputy Director Marine Environment

Date authorisation given: 10^th Sept 2024