Draft regulations in relation to the proposed introduction of a levy on plastic shopping bags, with effect from 4 February 2002, were released for public consultation last month. The draft regulations propose that the levy will apply to all plastic bags suitable for use by customers at the point of sale in supermarkets, service stations or other sales outlets, except (i) for food safety reasons, those bags which are used to contain fresh meat, fish and poultry, whether packaged or not; (ii) smaller bags which are used to contain non-packaged fruit, nuts or vegetables, confectionery dairy products and cooked food, whether cold or hot, and; (iii) those bags designed for reuse, which are used to contain goods or products, and which are sold to customers for a sum of not less than 70 cent each.
Annex II of European Parliament and Council Directive 94/62/EC on packaging and packaging waste as transposed by the Waste Management (Packaging) (Amendment) Regulations, 1998, outlines the essential requirements of packaging placed on the market by producers and provides, inter alia, that the composition of packaging should be sufficiently robust to maintain the necessary level of safety, hygiene and acceptance for the packed product and the consumer. As, under these provisions, products are required to be adequately packaged to prevent leakage or leaching, it is not proposed to exempt from the levy any plastic bags dispensed at retail outlets to consumers for the purpose of separately holding purchases of noxious fluids or other hazardous substances.