Wet wipes containing plastic - proposed ban: strategic environmental assessment

2 Wet wipes containing plastic

2.1 Background

2.1.1 Our long-held policy position in Scotland has been that appropriate and suitable alternatives exist to wet wipes containing plastic, and these are available on the market in Scotland and the UK, and that businesses and consumers should be encouraged to switch to, respectively, manufacturing and buying these alternatives. The Scottish Government has supported multiple behaviour change campaigns to discourage incorrect disposal of these plastic products, with limited success. We have supported Water UK’s Fine to Flush^[10] standard which excludes products containing plastic, and that do not disintegrate during average sewerage conditions. The majority of domestic wet wipe products on the market continue to contain plastic.

2.1.2 In October 2020 we launched a public consultation on items listed under Article 5 of the EU Single-Use Plastics Directive. Responses from this consultation supported the development of legislation banning some of the most problematic single-use plastic products, including plastic beverage stirrers, cutlery, straws, and plates. The Environmental Protection (Single-use Plastic Products) (Scotland) Regulations 2021^[11] came into force in Scotland in 2022. Responses also provided evidence for further policy development, with 94% in favour of market restrictions on additional single-use plastic products, including wet wipes containing plastic^[12].

2.2 Wet wipes

2.2.1 Wet wipes are single-use cleansing products which are used in a variety of settings. Domestic versions include baby wipes, moist toilet tissue, cosmetic and make-up removing wipes, hand wipes, intimate care wipes, and household surface cleaning wipes. They can provide convenient hygiene solutions while away from the home or when no running water is available. Medical settings use wipes for disinfection, sanitary, and intimate care purposes. Industry also use wipes for a variety of cleaning purposes.

2.2.2 Wet wipes can be manufactured using either synthetic or natural fibres. Synthetic fibres can include synthetic polymers such as polyethylene or polyester. The molecular structure of such materials provides durability and strength. Natural fibres can include cotton, bamboo, or wood pulp in the form of cellulose.

2.2.3 Wet wipes containing plastic do not fully disintegrate in water or in the sewerage system if they are flushed down the toilet. If these wipes arrive in the marine environment they are a persistent and problematic source of marine litter.

2.3 Definition of plastic

2.3.1 The definition of plastic has evolved over time. This reflects the complexity of the issue, as plastic and its structure, base components, and modification factors are considered in greater detail.

2.3.2 The EU Single-Use Plastics Directive^[13] uses the definition that plastic means ‘a material consisting of a polymer as defined in point 5 of Article 3 of Regulation (EC) No 1907/2006, to which additives or other substances may have been added, and which can function as a main structural component of final products, with the exception of natural polymers that have not been chemically modified’.

2.3.3 Further detail is provided by the Directive, that ‘plastics manufactured with modified natural polymers, or plastics manufactured from bio-based, fossil or synthetic starting substances are not naturally occurring’ and should therefore be addressed by the Directive. This definition of plastics therefore covers ‘polymer-based rubber items and bio-based and biodegradable plastics regardless of whether they are derived from biomass or are intended to biodegrade over time’.

2.3.4 This is the international definition of plastics, as set out by the EU, and is the definition used by Scottish Government in recent regulations including the Environmental Protection (Single-use Plastic Products) (Scotland) Regulations 2021.

2.3.5 The joint UK-wide consultation document prepared by the UK Government, Scottish Government, Welsh Government, and the Northern Ireland Executive on the proposed ban on the manufacture, supply and sale of wet wipes containing plastic defines plastic as ‘a material consisting of polymer to which additives or other substances may have been added, and which can function as a main structural component of final products, with the exception of natural polymers that have not been chemically modified’. This reflects the definition used in The Environmental Protection (Plastic Straws, Cotton Buds and Stirrers) (England) Regulations 2020^[14], mirroring the EU definition.

2.4 Effects of management actions to date

2.4.1 Scottish Government has encouraged business behaviour change with support of the development of and promotion of the Water UK Fine to Flush standard. The standard was championed by all of the UK water organisations, and requires the product design to exclude plastic as an ingredient and enable full disintegration during the normal flushing process.

2.4.2 Wet wipes can be made without plastic. Large manufacturers have proven this is commercially viable, with brands such as Andrex (owned by Kimberly-Clark) making this switch and meeting the Fine to Flush standard.

2.4.3 Scottish Government has also encouraged public behaviour change with support of campaigns run by Scotland’s Marine Litter Strategy Steering Group^[15] members Scottish Water and the Marine Conservation Society, including ‘Nature Calls’, ‘Keep the Cycle Running’ and ‘The 3 Ps’. Each campaign has had a clear message of not misusing our sewage systems.

2.4.4 Wet wipes containing plastics were included as an addition to the public consultation on proposed actions to restrict to market single-use plastic products listed in Article 5 of the EU Single Use Plastic (SUP) Directive. The consultation analysis^[16] (section 5), published in March 2021, was used to inform the Business and Regulatory Impact Assessment for legislation to implement the SUP Directive. The Directive does not include banning wet wipes containing plastic, thus the Environmental Protection (Single-use Plastic Products) (Scotland) Regulations 2021 does not include wet wipes. The consultation response analysis showed widespread support for future market restrictions of these products, with 94% of respondents in favour.

2.5 Proposal to ban the manufacture, supply and sale of wet wipes containing plastic

2.5.1 Through the refreshed Marine Litter Strategy for Scotland the Scottish Government has committed to reducing the most problematic sources of marine litter, with the intention to benefit the marine environment.

2.5.2 The proposed ban on the manufacture, supply and sale of wet wipes containing plastic is based on evidence that wet wipes contribute to marine litter and sewer blockages, and the majority of wet wipes sold contain plastic.

2.5.3 Taking into consideration the pressures created by marine litter on the environment and wildlife, the Scottish Government is therefore consulting on the proposed ban on the manufacture, supply and sale of wet wipes containing plastic. The proposed ban is informed by the intention to reduce the risk of harm to the marine environment and associated flora and fauna, water quality, and sewer infrastructure. This would also contribute to efforts to achieve GES for marine litter under the UK Marine Strategy.

2.5.4 The proposal covers a ban of the manufacture, supply and sale of wet wipes containing plastic, as continuing to allow wet wipes containing plastic to be manufactured and exported to other countries will not help to solve the global problem of marine litter. The proposal covers wet wipes intended for domestic use, with exemptions for those used in medical care or industrial / commercial settings.

2.6 Policy context overview of the proposal to ban the manufacture, supply and sale of wet wipes containing plastic

2.6.1 The Marine Strategy Regulations 2010 are the main driver for addressing the problem of marine and coastal litter within Scotland and the UK as a whole. The Scottish Government has commitments under the UK Marine Strategy to collaborate with the other UK administrations to assess, monitor, and publish a programme of measures the UK will use to support progress towards achieving GES for elements including marine litter. In addition, the Scottish Government will take necessary measures to protect and conserve the ecosystems and the biological diversity of UK territorial seas under the OSPAR Convention. OSPAR is the Scottish Government’s key regional platform for collaboration with neighbouring countries on marine biodiversity, where we participate as part of the UK. Within the Marine (Scotland) Act 2010, the management of marine litter falls under the scope of marine planning. The Scottish Government published an updated Marine Litter Strategy for Scotland in 2022 with actions focused on, amongst others, preventing litter entering the marine environment.

2.6.2 Wet wipes are a problematic and persistent form of marine litter. As such, it remains a long-held policy position that appropriate and suitable alternatives exist to wet wipes containing plastic, that these are available on the market in Scotland and the UK, and that businesses and consumers should be encouraged to switch to, respectively, manufacturing and buying these alternatives.

2.6.3 The Scottish Government has supported Water UK’s Fine to Flush standard which excludes products containing plastic, and that do not disintegrate during average sewerage conditions. The majority of domestic wet wipe products on the market continue to contain plastic.

2.6.4 In October 2020 we launched a public consultation on items listed under Article 5 of the EU Single-Use Plastics Directive. Responses from this consultation supported the development of legislation banning some of the most problematic single-use plastic products, including plastic beverage stirrers, cutlery, straws, and plates. The Environmental Protection (Single-use Plastic Products) (Scotland) Regulations 2021 came into force in Scotland in 2022. Responses also provided evidence for further policy development, with 94% in favour of market restrictions on additional single-use plastic products, including wet wipes containing plastic.

2.6.5 This policy position was strengthened by the publication of the updated Marine Litter Strategy, which contained an action to consider how legislation could be applied to support the move to alternatives to wet wipes containing plastic. The Strategy was launched by the then Minister for Environment and Land Reform, in September 2022.