C - Restrictions on Manufacture and Supply
11. The Regulations prohibit the manufacture of single-use plastic cutlery, plates, and beverage stirrers, and single-use food containers, cups and other beverage containers made from expanded polystyrene. The manufacture of single-use plastic straws and balloon sticks is not prohibited to enable them to be supplied under the conditions of the exemptions.
12. Subject to the application of the Internal Market Act, the Regulations prohibit the supply of the listed items "in the course of a business", except where an exemption applies . This means businesses, including individuals operating a business, cannot supply the items as part of their business activities. This would include selling the items or distributing the items by another means, such as providing for free. It is an offence to supply, offer to supply or have in possession for supply the items listed, except where an exemption applies.
13. It is an offence for businesses in Scotland to supply these items to other businesses and to individuals, regardless of where those businesses or individuals are located. Businesses based outside of Scotland would commit an offence if they supplied the items to customers in Scotland.
14. For example:
- retailers and wholesalers cannot sell the items, whether online or in shop premises;
- cafes, bars, restaurants and hotels cannot provide the items to their customers or guests; and
- a business cannot provide its employees with the items as part of catering facilities or coffee machines.