Part 3 – Proposal to Introduce a Ban on the Manufacture and Sale of Plastic-Stemmed Cotton Buds
Legal powers available
Environmental protection is a devolved issue, and following consideration, the Cabinet Secretary for Environment, Climate Change and Land Reform announced on 11 January 2018 the proposal to introduce secondary legislation to ban the manufacture and sale of plastic-stemmed cotton buds.
Scottish Ministers can introduce secondary legislation under section 140 of the Environmental Protection Act 1990 for conservation purposes, applying the powers to prohibit or restrict the importation, use, supply or storage of injurious substances or articles.
Previous use of these powers for marine protection
Section 140 of the Environmental Protection Act 1990 has been used to draft the Environmental Protection (Microbeads) (Scotland) Regulations 2018 which will ban the manufacture and sale of rinse-off personal care products containing plastic microbeads with the purpose of offering our seas further protection from plastic pollution.
Impacts of proposed ban
It is expected that there will be minimal impacts resulting from the proposed bans. This consultation asks a question in relation to this issue to help prepare the necessary Business and Regulatory Impact Assessment which will be needed to inform the parliamentary process. An Equalities Impact Assessment will also be considered.