Latest news on the use of disposable plastic products

Temporary conditions for paper or cardboard drinking cups and food packaging containing plastic in 2024

As of Jan. 1, 2024, new rules are in effect for disposable cups and food packaging containing plastic. These regulations, imposed by State Secretary Heijnen of Infrastructure and Water Management, aim to reduce the use of plastic and promote a circular economy. Therefore, late last year a direction was given to temporarily adjust the enforcement of the rules for disposable plastics in 2024, and new conditions temporarily apply to paper or cardboard drinking cups and food packaging. This affects business owners who use drinking cups and food packaging containing plastic.

Important conditions:

• Maximum 5% plastic: Paper and cardboard packaging may still contain a maximum of 5% plastic when collected for recycling.
• Mandatory registration: Entrepreneurs must register with the ILT.
• Collection and recycling requirements: 75% collection and 100% recyclability must be demonstrated.
• Records: A record of the collection must be kept and retained for at least three years.

Henforcement and alternatives:

• The ILT will conduct inspections and enforce if the 5% plastic standard is exceeded.
• Reusable cups are strongly recommended to comply with the new regulations without administrative burdens.

No enforcement on surcharge for on-the-go consumption

For on-the-go consumption, the mandatory surcharge for disposable plastic cups and containers will not be enforced in 2024.

For more details, read the full ILT news release.

---------------------------------------------------------------------------------------

It has been known for some time that the negative effects on the environment due to litter is great. To reduce this litter, the EuropeanSingle Use Plastics Directive, also known as the SUP legislation, is in effect. This is an important step in the fight against plastic pollution. The directive aims to reduce and eventually ban the use of certain single-use plastic products in order to reduce the amount of plastic waste in the environment. In this article, we will discuss the contents of the SUP legislation and its implications for the hospitality industry.

What is the SUP legislation?

SUP legislation is a European directive passed in 2019. Its purpose is to reduce the amount of plastic waste in the environment, particularly in the oceans. It covers various plastic products, such as plastic cutlery, straws, stirrers, balloon sticks and disposable food and beverage packaging.

These plastic products are often used only once and are thrown away after use. This creates a large amount of plastic waste that cannot be recycled and eventually ends up in the oceans, where it causes great damage to the environment and biodiversity.

Impact of SUP legislation on the hospitality industry

The SUP legislation also affects the hospitality industry. This brings with it a number of changes both financially and administratively that we will explain further below to get you started. The Branding Club is therefore fully behind these decisions to reduce the impact on the environment.

Key measures to prevent plastic litter are:

• A sales ban on plastic products
• Mandatory marking on products containing plastic
• Levies, both for the customer and the producer

SUP legislation 2023

Since July 3, 2021

Sales ban

• Products made of oxo-degradable plastics (e.g., bags and bottles)
• Balloon sticks (except for industrial or other professional use)
• Cotton swabs
• Food and beverage containers and cups made of Styrofoam (expanded polystyrene EPS)
• Stirrers
• Straws (except straws for medical use)
• Cutlery
• Plates

Mandatory marking

• Packaging of tobacco products with filter
• Plastic drinking cups (the logo must be on the drinking cup)
• Packaging of wet wipes, sanitary napkins, tampons and tampon applicators

Since Jan. 1, 2023

Producer levies.
This applies to producers. The application of the definition of 'producer' or 'importer' for the purposes of the Packaging Waste Management Fee is changing. The biggest change in this is about who the levies are levied on. Extended producer responsibility will apply to a number of products. This means that as a producer you will help pay for waste collection and litter cleanup. This includes the following:

• Packaging bearing the name, trademark or logo of the brand owner is subject to levies from the Waste Fund. The brand owner himself must report these packages to the Waste Fund.
• When products are marketed in packaging, the party who first professionally markets that product in packaging pays.
• Point-of-sale packaging is empty packaging that is not filled until it is sold at the point of sale, such as a coffee cup at the coffee shop, or a French fry tray at a snack stand. For these packages, the party offering the packaging on the market for the first time in the Netherlands is responsible for the packaging levy. This party will therefore have to pay the established levy for this to the Waste Fund.

In some cases, The Branding Club will also be charged for this. For this packaging we are therefore forced to pass this on to our customers. The rates for this are set by the Waste Fund, and can be found here.

When a product is commissioned by a brand owner and this is visible on the packaging, the brand owner (our customers) is required to pay this contribution to waste fund packaging. This applies to the following products, among others:

• Tobacco products with filters
• Single food packaging
  • Salad bowls
  • Food trays (when laminated)
  • Autoboxes (when laminated)
  • Burger boxes (when laminated)
• Disposable cups
  • Coffee mugs
  • Ice cream and sauce cups
• Bags and wrappers
• Light plastic carrier bags
• Beverage containers
• Balloons
• Moist wipes

In other words, all single-use containers intended for food or drink that are made of or contain plastic.

As of July 1, 2023

Customer levies

• Customers must start paying for disposable plastic cups and food containers when they pick up or have food or drinks delivered.
• In addition, you are required to offer an alternative that can be reused. Such as a cup or package you bring yourself. Or a cup or container that customers can return with a deposit or other return system.

Consulting prices

You can decide how much the customer should pay for a cup or package. The government cites these amounts as guidelines:

• €0.25 for cups
• €0.50 for a meal (this can consist of several packages)
• €0.05 for pre-packaged vegetables, fruits, nuts and portion packs

The amounts are based on researching the best price: not too high so that the guest does not drop out, and not too low so that the measure is effective.

As of Jan. 1, 2024

Sales ban

• If customers wish to consume food and beverages on site, disposable plastic cups and food containers may not be used.
  • For example, in the cafeteria, in the office, in the restaurant or snack bar or at a festival. Reusable drinking cups and food containers become standard.

 
Exceptions

• You collect the materials again for high-quality recycling
• There is an exception for products that can be recycled back into cups or food packaging. This currently only applies to cups or food packaging made of PET (polyethylene terephthalate). To take advantage of this exception, you must register with the Environmental and Transport Inspectorate. You must also collect the material yourself and offer it for high-quality recycling. The minimum percentage you must collect increases annually (from 75% to 90%).
• Thus, packaging made of other materials will not be allowed to be offered at on-site consumption from 2024, even for an additional fee.

As of July 3, 2024

• Caps should be attached to plastic bottles and beverage containers. That way, they are automatically turned in for recycling and do not end up in litter.

Note!

The new rules also apply to disposable cups and food packaging made of bioplastics (biodegradable plastic or plastic from renewable resources). This is because bioplastics are just as harmful in the environment as other plastics.

What does this mean to you?

Our advice is to also read yourself about waste management and SUP legislation and what it means for your hospitality business. After all, this way you can avoid any misunderstandings. Besides the fees we have to pay for waste management, the fees for SUP products will also be charged where applicable.

• The most important thing is that the our customers as brand owners will be seen as importers for the products from January 1, 2023 and will therefore have to file their own returns. This was not the case previously. We will provide our customers, as soon as possible, with the weights of products they purchase and reflect this per order. Our customers should pay the rate as you see in the table in the waste management rates.
• Apart from the above waste management fee, there is the SUP storage. For food packaging, the SUP storage fee applies if the packaging falls under the SUP legislation. This involves a fee of €2.30 per 1,000 pieces of products containing plastic. We will also provide information for this fee, which our customers must pay, and our customers themselves are required to declare it.

Given our wide range of products, we will need some time to map it all out properly and clearly. Our target is January 2023, but this may not be feasible. Therefore, we invoke the right to apply additional charges where necessary. We hope for your understanding in this matter.