{"id":"single-use-and-other-plastic-products-waste-avoidance-regulations-2021","name":"Single-use and Other Plastic Products (Waste Avoidance) Regulations 2021","slug":"single-use-and-other-plastic-products-waste-avoidance-regulations-2021","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":237239,"registerId":"sa-single-use-and-other-plastic-products-waste-avoidance-regulations-2021-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Single-use and Other Plastic Products (Waste Avoidance) Regulations 2021","content":"South Australia\nSingle-use and Other Plastic Products (Waste Avoidance) Regulations 2021\nunder the Single-use and Other Plastic Products (Waste Avoidance) Act 2020\n\nContents\n1\tShort title\n3\tInterpretation\n3A\tDefinition of prohibited plastic product (section 6(1)(h) of Act)—inclusions\n5\tExemption for single‑use plastic drinking straws—sale, supply and distribution to designated person\n6\tExemption for single‑use plastic drinking straws—sale, supply and distribution by prescribed business\n7\tExemption for single‑use plastic drinking straws—sale, supply and distribution by wholesalers and distributors\n8\tExemption for single‑use plastic spoons—medical, dental and care facilities\n9\tExemptions for plastic‑stemmed cotton buds and single‑use plastic bowls\n10\tExemption for plastic shopping bags—charitable organisations\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Single-use and Other Plastic Products (Waste Avoidance) Regulations 2021.\n3—Interpretation\n\t(1)\tIn these regulations, unless the contrary intention appears—\nAct means the Single-use and Other Plastic Products (Waste Avoidance) Act 2020;\nAS 4736‑2006 means Australian Standard AS 4736‑2006 (Biodegradable plastics—Biodegradable plastics suitable for composting and other microbial treatment) as in force from time to time;\nAS 5810‑2010 means Australian Standard AS 5810‑2010 (Biodegradable plastics—Biodegradable plastics suitable for home composting) as in force from time to time;\nauthorised certifier means a person approved by the Minister as an authorised certifier for the purposes of these regulations;\nballoon stick means a stick designed or intended to be attached to an inflated balloon and includes a stick with a cup, base or other attachment device that forms part of the stick;\nballoon tie means—\n\t(a)\ta device that is designed or intended to be attached to a balloon to seal the balloon; or\n\t(b)\ta cup, base or other attachment device that is designed or intended to attach a balloon to a balloon stick or ribbon,\nbut does not include—\n\t(c)\ta ribbon; or\n\t(d)\tgarland tape;\nbeverage plug means a plug, stopper or similar device designed or intended to be inserted into the lid of a beverage cup to prevent spillage or leakage from the lid;\ncare facility means a nursing home, aged care facility, supported residential facility or other facility at which disability support, palliative care, respite care or rehabilitation services are provided;\ncatering platter means a food container that is designed or intended to be used to contain multiple serves of food for the purposes of catering at a function or event, and includes any lid for the container (whether separate or attached to the container);\ncertified as compostable—see subregulation (2);\ncharitable organisation means an entity registered under the Australian Charities and Not-for-profits Commission Act 2012 of the Commonwealth;\ndesignated person means a person who requires a single‑use plastic drinking straw due to a disability or for medical purposes or medical reasons;\nexpanded polystyrene food or beverage container means a container, and includes any lid for the container, made, in whole or in part, of expanded polystyrene that is designed or intended to be used for the retail sale of food or beverages, but does not include—\n\t(a)\tan expanded polystyrene cup, bowl, plate or clamshell container; or\nNote—\nSee section 6(1) of the Act.\n\t(b)\tan expanded polystyrene food tray; or\n\t(c)\ta cooler box, or a lid for a cooler box, made, in whole or in part, of expanded polystyrene that is designed or intended to be used as packaging for perishable food products for the purposes of delivery to a customer by, or on behalf of, a retailer; or\n\t(d)\ta container, or a lid for a container, made, in whole or in part, of expanded polystyrene that is designed or intended to be used for the transport of perishable food products from 1 business (the first business) to a second business (where that business is not a retail customer of the first business); or\n\t(e)\tbefore 1 September 2025—an expanded polystyrene food or beverage container that forms part of the packaging of a relevant food or beverage product; or\n\t(f)\tbefore 1 September 2029—an expanded polystyrene food container that has an expanded polystyrene lid (whether separate or attached to the container) that is designed or intended to be used for the retail sale of ice cream, gelati, frozen yoghurt or other similar frozen dessert that is packaged on the retail premises at the request or order of a customer;\nexpanded polystyrene food tray means a tray made, in whole or in part, of expanded polystyrene that is designed or intended to be used for the packaging of meat, poultry, fish, vegetables, fruit or other food products for retail sale;\nfish includes crustaceans and molluscs;\nfood bag tag means a rigid tag designed or intended to hold closed a bread bag or other food product bag, but does not include—\n\t(a)\ta twist tie or cable tie; or\n\t(b)\tbefore 1 September 2029—a plastic food bag tag used to hold closed a bag of potatoes or carrots weighing 2 kg or more;\ngarland tape means flexible tape with small holes designed or intended to allow multiple balloons to be placed together to create a decoration;\nhome compostable, in relation to a plastic product, means that the product complies with AS 5810‑2010;\nindustrially compostable, in relation to a plastic product, means that the product complies with AS 4736‑2006;\nlocal government council means a council under the Local Government Act 1999;\nmedical or dental facility means a facility at which medical or dental services (including treatment, care, research or diagnostic services) are provided;\npharmacy business has the same meaning as in Part 4 of the Health Practitioner Regulation National Law (South Australia) Act 2010;\npizza saver means a device designed or intended to be placed inside a pizza box to prevent the lid of the box from touching a pizza contained in the box;\nplastic barrier bag means a plastic bag without handles that—\n\t(a)\tis designed or intended to be used to contain or protect unpackaged fresh fruit or vegetables, nuts or confectionery; or\n\t(ab)\ton or after 1 September 2027—is designed or intended to be used to contain or protect unpackaged dairy products, meat, poultry or fish; or\n\t(b)\tis used by a retail customer as additional protection from leakages for pre‑packaged meat, poultry, fish, herbs or flowers,\nbut does not include a plastic bag that is certified as compostable provided that—\n\t(c)\tin the case of a bag that is home compostable—it is clearly labelled as, or otherwise marked in a manner that indicates that it is, home compostable, or both home compostable and industrially compostable; or\n\t(d)\tin the case of a bag that is industrially compostable, but not home compostable—it is clearly labelled as, or otherwise marked in a manner that indicates that it is, industrially compostable;\nplastic confetti means a product comprised of pieces of plastic that are designed or intended to be thrown or projected into the air or otherwise scattered for decorative, festive or celebratory purposes and includes—\n\t(a)\tsuch a product that is enclosed in a balloon (whether for decoration or for release by popping the balloon); and\n\t(b)\tplastic streamers that are designed or intended to be thrown or projected into the air,\nbut does not include—\n\t(c)\tsequins, diamantes, beads or glitter; or\n\t(d)\ta product designed or intended to be used as a craft product; or\n\t(e)\tconfetti that is designed or intended to be permanently contained within, or form a permanent part of, another product (other than a single‑use product) for decorative purposes;\nplastic produce sticker means a plastic sticker designed or intended to be applied directly onto the surface of a fruit or vegetable, but does not include a sticker that is certified as compostable or a sticker that is, or is to be, applied to a fruit or vegetable that is to be sold, supplied or distributed to a person outside this State;\nplastic shopping bag means a plastic bag that—\n\t(a)\thas handles; and\n\t(b)\tis used as a means of carrying goods purchased from a retailer,\nbut does not include—\n\t(c)\ta plastic bag that constitutes, or forms an integral part of, the packaging in which goods are sealed prior to sale; or\n\t(d)\tan unsealed plastic bag that is the packaging in which perishable food is offered for sale; or\n\t(e)\ta shopping bag that is made, in whole or in part, of 1 or more of the following fabrics:\n\t(i)\tnylon;\n\t(ii)\tpolyester;\n\t(iii)\twoven polypropylene;\n\t(iv)\tnon‑woven polypropylene if—\n\t(A)\tthe bag has sewn, rather than heat‑welded, seams; and\n\t(B)\tthe fabric has a minimum weight of 90 g/m² measured as a single layer of fabric; or\n\t(f)\ta plastic bag that is certified as compostable provided that—\n\t(i)\tin the case of a bag that is home compostable—it is clearly labelled as, or otherwise marked in a manner that indicates that it is, home compostable, or both home compostable and industrially compostable; or\n\t(ii)\tin the case of a bag that is industrially compostable, but not home compostable—it is clearly labelled as, or otherwise marked in a manner that indicates that it is, industrially compostable;\nplastic‑stemmed cotton bud means a product that—\n\t(a)\thas a stem that is comprised, in whole or in part, of plastic; and\n\t(b)\thas a tip comprised of cotton wool, synthetic fibre or some other similar substance at 1 or both ends,\nbut does not include such a product that has a tip or tips that are designed or intended to be detached from the stem and replaced;\npre‑filled soy sauce container means a container of soy sauce—\n\t(a)\twith a capacity of 30 ml or less; and\n\t(b)\tthat has a lid, cap or stopper; and\n\t(c)\tthat is filled prior to its sale, supply or distribution to a retailer for retail sale or supply;\nExample—\nFish‑shaped plastic soy sauce containers.\npremises means any land, building or structure including a moveable building or structure or any vehicle (within the meaning of the Road Traffic Act 1961);\nprescribed business means—\n\t(a)\ta pharmacy business; or\n\t(b)\ta local government council; or\n\t(c)\ta charitable organisation; or\n\t(d)\ta care facility; or\n\t(e)\ta medical or dental facility;\nprescribed food container means a single‑use plastic food container, including a cup (other than a single‑use plastic beverage cup), bowl, tray or other food container, whether or not it has, or is designed or intended to have, a lid (whether separate or attached) that is used—\n\t(a)\tfor the retail sale of ready‑to‑eat food; or\n\t(b)\tto hold a condiment that is—\n\t(i)\tprovided to be used with ready‑to‑eat food; and\n\t(ii)\tpackaged in the container on the retail premises at which the ready‑to‑eat food is sold,\nbut does not include—\n\t(c)\tan expanded polystyrene cup, bowl, plate or clamshell container; or\nNote—\nSee section 6(1) of the Act.\n\t(d)\tan expanded polystyrene food or beverage container or an expanded polystyrene food tray; or\n\t(e)\ta single‑use plastic catering platter; or\n\t(f)\ta single‑use plastic food container that is certified as compostable provided that—\n\t(i)\tin the case of a container with a capacity of 60 ml or more that is home compostable—it is clearly labelled as, or otherwise marked in a manner that indicates that it is, home compostable, or both home compostable and industrially compostable; or\n\t(ii)\tin the case of a container with a capacity of 60 ml or more that is industrially compostable, but not home compostable—it is clearly labelled as, or otherwise marked in a manner that indicates that it is, industrially compostable; or\n\t(fa)\tbefore 1 March 2026—a single‑use plastic food container—\n\t(i)\twith a capacity of 500 ml or less; and\n\t(ii)\tthat has a lid (whether separate or attached to the container); and\n\t(iii)\tthat is used for the retail sale of potatoes, gravy or peas (whether separately or in combination with one another) intended to be provided to a customer at a temperature of above 60°C; or\n\t(g)\tbefore 1 September 2029—a single‑use plastic food container comprised of a transparent square or rectangular food container with a detachable transparent lid, both of which are made wholly from polypropylene or polyethylene terephthalate; or\n\t(h)\tbefore 1 September 2029—a single‑use plastic bowl—\n\t(i)\tmade wholly from polypropylene; and\n\t(ii)\tthat has a lid (whether separate or attached to the container) made wholly from polypropylene; and\n\t(iii)\tthat is used for the retail sale of soup or other foods comprised of a substantial amount of liquid intended to be provided to a customer at a temperature of above 60°C;\nprescribed food container lid means a single‑use plastic lid or cover designed or intended to be fitted onto a prescribed food container (whether separate or attached to the container) and includes plastic film intended to seal the top of a prescribed food container, but does not include—\n\t(a)\ta paper or cardboard lid lined or coated with plastic that is designed or intended to be used with an aluminium foil food container used for ready‑to‑eat food; or\n\t(b)\ta single‑use plastic lid that is certified as compostable provided that—\n\t(i)\tin the case of a lid with a diameter of 70 mm or more that is home compostable—it is clearly labelled as, or otherwise marked in a manner that indicates that it is, home compostable, or both home compostable and industrially compostable; or\n\t(ii)\tin the case of a lid with a diameter of 70 mm or more that is industrially compostable, but not home compostable—it is clearly labelled as, or otherwise marked in a manner that indicates that it is, industrially compostable;\nready‑to‑eat food means food that is—\n\t(a)\tprepared or packaged on retail premises at the request or order of a customer; or\n\t(b)\tprepared fresh and pre‑packaged on the day, or shortly before the day, on which it is intended to be offered for retail sale,\nand is ready to be eaten without further cooking, heating, defrosting, washing or other preparation and is ordinarily intended to be eaten at the site of sale or shortly after at another place;\nrelevant food or beverage product means a food or beverage product that is pre‑packaged as a single‑serve prior to its sale, supply or distribution to a retailer for retail sale or supply and is ready for—\n\t(a)\timmediate consumption; or\n\t(b)\tconsumption after cooling or heating the food or beverage;\nsingle‑use plastic beverage cup means a single‑use plastic cup designed or intended to hold a beverage, but does not include—\n\t(a)\tan expanded polystyrene cup; or\nNote—\nSee section 6(1)(d) of the Act.\n\t(b)\ta single‑use plastic beverage cup that is certified as compostable provided that—\n\t(i)\tin the case of a beverage cup with a capacity of 60 ml or more that is home compostable—it is clearly labelled as, or otherwise marked in a manner that indicates that it is, home compostable, or both home compostable and industrially compostable; or\n\t(ii)\tin the case of a beverage cup with a capacity of 60 ml or more that is industrially compostable, but not home compostable—it is clearly labelled as, or otherwise marked in a manner that indicates that it is, industrially compostable;\nsingle‑use plastic beverage cup lid means a single‑use plastic lid designed or intended to be fitted onto a beverage cup and includes plastic film intended to seal the entire top of a beverage cup, but does not include a single‑use plastic lid for a beverage cup if the lid is certified as compostable provided that—\n\t(i)\tin the case of a beverage cup lid with a diameter of 70 mm or more that is home compostable—it is clearly labelled as, or otherwise marked in a manner that indicates that it is, home compostable, or both home compostable and industrially compostable; or\n\t(ii)\tin the case of a beverage cup lid with a diameter of 70 mm or more that is industrially compostable, but not home compostable—it is clearly labelled as, or otherwise marked in a manner that indicates that it is, industrially compostable;\nsingle‑use plastic bowl does not include—\n\t(a)\tan expanded polystyrene bowl; or\nNote—\nSee section 6(1)(e) of the Act.\n\t(b)\ta single‑use plastic bowl designed or intended to have a spill‑proof lid, whether separate or attached; or\n\t(ba)\ta prescribed food container that is a bowl; or\n\t(bb)\tbefore 1 September 2029—a single‑use plastic bowl of a kind referred to in paragraph (h) of the definition of prescribed food container; or\n\t(c)\ta single‑use plastic bowl that forms part of the packaging of a relevant food or beverage product; or\n\t(d)\tbefore 1 November 2024—a paper or cardboard bowl lined or coated with plastic that is not certified as compostable; or\n\t(e)\ta single‑use plastic bowl that is certified as compostable provided that—\n\t(i)\tin the case of a bowl that is home compostable—it is clearly labelled as, or otherwise marked in a manner that indicates that it is, home compostable, or both home compostable and industrially compostable; or\n\t(ii)\tin the case of a bowl that is industrially compostable, but not home compostable—it is clearly labelled as, or otherwise marked in a manner that indicates that it is, industrially compostable;\nsingle‑use plastic plate does not include—\n\t(a)\tan expanded polystyrene plate; or\nNote—\nSee section 6(1)(f) of the Act.\n\t(b)\ta single‑use plastic plate that forms part of the packaging of a relevant food or beverage product; or\n\t(c)\tbefore 1 November 2024—a paper or cardboard plate lined or coated with plastic;\nsupported residential facility means premises licensed as a supported residential facility under the Supported Residential Facilities Act 1992.\n\t(2)\tFor the purposes of these regulations, a plastic product is certified as compostable if—\n\t(a)\t—\n\t(i)\tthe plastic product has been assessed and tested by an authorised certifier and the authorised certifier has issued a certificate verifying that the product complies with AS 4736‑2006 or AS 5810‑2010; and\n\t(ii)\tthe certificate's period of validity has not expired; or\n\t(b)\tuntil the determination date—the plastic product is the subject of an application for its certification in accordance with AS 4736‑2006 or AS 5810‑2010 that is made to an authorised certifier before 1 March 2026, but has not been determined before that date (and, in the case of a plastic shopping bag or a plastic barrier bag, the labelling requirements in paragraph (f) of the definition of plastic shopping bag or paragraphs (c) and (d) of the definition of plastic barrier bag (as the case requires) do not apply until the determination date); or\n\t(c)\tuntil 1 March 2026 (other than in the case of a plastic shopping bag or a plastic barrier bag)—the plastic product has, before that date—\n\t(i)\ta current and valid certification in accordance with—\n\t(A)\tASTM D6400‑23 (Standard Specification for Labeling of Plastics Designed to be Aerobically Composted in Municipal or Industrial Facilities); or\n\t(B)\tEN 13432 (Packaging—Requirements for packaging recoverable through composting and biodegradation—Test scheme and evaluation criteria for the final acceptance of packaging); or\n\t(ii)\ta current and valid TUV OK compost INDUSTRIAL or TUV OK compost HOME certification.\n\t(3)\tFor the purposes of subregulation (2), the determination date, in respect of a plastic product, is the date on which the application for the product's certification in accordance with AS 4736‑2006 or AS 5810‑2010 is determined, withdrawn or otherwise finalised.\n\t(4)\tFor the purposes of the definition of authorised certifier, the Minister may, by notice in the Gazette—\n\t(a)\tapprove a person as an authorised certifier for the purposes of these regulations; or\n\t(b)\trevoke an approval under paragraph (a).\n3A—Definition of prohibited plastic product (section 6(1)(h) of Act)—inclusions\nPursuant to section 6(1)(h) of the Act, the following plastic products, or plastic products of a class, are included within the ambit of the definition of prohibited plastic product:\n\t(a)\ta plastic pizza saver;\n\t(b)\ta plastic‑stemmed cotton bud;\n\t(c)\ta single‑use plastic bowl;\n\t(d)\ta single‑use plastic plate;\n\t(e)\ta plastic shopping bag;\n\t(f)\ta plastic barrier bag;\n\t(g)\ta single‑use plastic beverage cup;\n\t(h)\ta single‑use plastic beverage cup lid;\n\t(i)\ta single‑use plastic beverage plug;\n\t(j)\tan expanded polystyrene food tray;\n\t(k)\tan expanded polystyrene food or beverage container;\n\t(l)\ta prescribed food container;\n\t(m)\ta prescribed food container lid;\n\t(n)\tplastic confetti;\n\t(o)\ta plastic balloon stick;\n\t(p)\ta plastic balloon tie;\n\t(q)\ta single‑use plastic food bag tag;\n\t(r)\ton or after the date fixed by the Minister for the purposes of this paragraph by notice in the Gazette—a plastic produce sticker;\n\t(s)\ta pre‑filled soy sauce container.\n5—Exemption for single‑use plastic drinking straws—sale, supply and distribution to designated person\n\t(1)\tPursuant to section 16(2) of the Act, a person is exempt from section 7(1) of the Act in respect of single‑use plastic drinking straws if—\n\t(a)\tthe sale, supply or distribution of the straws (as the case requires) is of an individual straw—\n\t(i)\tto a designated person or person who purports to be a designated person; or\n\t(ii)\tto a person acting on behalf of a designated person or a person who purports to be acting on behalf of a designated person; and\n\t(b)\tany such straws kept or stored in a part of premises, or other place, at which the person carries on a business and to which members of the public have or are permitted access, are not on public display or freely accessible without the assistance of the person or an agent or employee of the person.\n\t(2)\tA person may sell, supply or distribute an individual single‑use plastic drinking straw pursuant to an exemption under subregulation (1)—\n\t(a)\ton the basis of a statement, or other indication, by the person to whom it is being sold, supplied or distributed (as the case requires), or to the effect, that the straw is required because they are a designated person, or acting on behalf of a designated person; or\n\t(b)\ton the basis that it is otherwise apparent to the person that the straw is required because the person to whom it is being sold, supplied or distributed (as the case requires) is a designated person, or acting on behalf of a designated person.\n\t(3)\tFor the purposes of subregulation (2), no evidence or other verification of the basis on which the straw is provided under that subregulation is required—\n\t(a)\tto be sought by the person selling, supplying or distributing the straw; or\n\t(b)\tto be produced by the person to whom the straw is being sold, supplied or distributed.\n\t(4)\tFor the avoidance of doubt, subregulation (1) does not prevent the sale, supply or distribution of an additional individual single‑use plastic drinking straw (or straws) to a designated person (or person who purports to be a designated person) or to a person acting (or who purports to be acting) on behalf of a designated person, if the straw is required by the designated person in the circumstances.\n6—Exemption for single‑use plastic drinking straws—sale, supply and distribution by prescribed business\n\t(1)\tPursuant to section 16(2) of the Act, a person is exempt from section 7(1) of the Act in respect of single‑use plastic drinking straws if the person is a prescribed business and the business sells, supplies or distributes the straws (as the case requires) for the purpose of—\n\t(a)\tuse by designated persons; or\n\t(b)\tenabling the sale, supply or distribution by another person who, in the course of carrying on a business, requires the straws for the purpose of sale, supply or distribution to a designated person, or to a person acting on behalf of a designated person (as the case requires).\n\t(2)\tFor the purposes of subregulation (1)—\n\t(a)\tthe person to whom the single‑use plastic drinking straws are being sold, supplied or distributed is not required to produce evidence of, or otherwise verify, the purpose for which the straws are being obtained; and\n\t(b)\tthe prescribed business is not required to seek evidence of, or otherwise verify, the purpose for which the straws are being obtained by the person to whom they are being sold, supplied or distributed; and\n\t(c)\tto avoid doubt—\n\t(i)\tthe number of single‑use plastic drinking straws need not be limited to individual straws; and\n\t(ii)\tthe straws may be on public display and may be freely accessible without assistance provided by the prescribed business or an employee or agent of the business.\n7—Exemption for single‑use plastic drinking straws—sale, supply and distribution by wholesalers and distributors\n\t(1)\tPursuant to section 16(2) of the Act, a person is exempt from section 7(1) of the Act in respect of single‑use plastic drinking straws if the person sells, supplies or distributes the straws in the course of carrying on a business as a wholesaler or distributor and—\n\t(a)\tthe person is satisfied, on reasonable grounds, that the sale, supply or distribution of the straws (as the case requires) is—\n\t(i)\tto a prescribed business; or\n\t(ii)\tto another person who, in the course of carrying on a business, requires the straws for the purpose of sale, supply or distribution to a designated person, or to a person acting on behalf of a designated person (as the case requires); or\n\t(b)\tthe sale, supply or distribution of the straws (as the case requires) is—\n\t(i)\tto a designated person or person who purports to be a designated person; or\n\t(ii)\tto a person acting on behalf of a designated person or a person who purports to be acting on behalf of a designated person,\nand the sale, supply or distribution occurs in accordance with subregulation (2).\n\t(2)\tA person may sell, supply or distribute single‑use plastic drinking straws pursuant to an exemption under subregulation (1)(b)—\n\t(a)\ton the basis of a statement, or other indication, by the person to whom they are being sold, supplied or distributed (as the case requires), or to the effect, that the straws are required because they are a designated person, or acting on behalf of a designated person; or\n\t(b)\ton the basis that it is otherwise apparent to the person that the straws are required because the person to whom they are being sold, supplied or distributed (as the case requires) is a designated person, or acting on behalf of a designated person.\n\t(3)\tFor the purposes of subregulation (2), no evidence or other verification of the basis on which the straws are provided under that subregulation is required—\n\t(a)\tto be sought by the person selling, supplying or distributing the straws; or\n\t(b)\tto be produced by the person to whom the straws are being sold, supplied or distributed.\n8—Exemption for single‑use plastic spoons—medical, dental and care facilities\n\t(1)\tPursuant to section 16(1) of the Act, a person is exempt from section 7(1) of the Act in respect of the supply or distribution of single‑use plastic spoons if the person is, or is acting on behalf of, a medical or dental facility or a care facility and the person supplies or distributes the spoons (as the case requires) to another person for the purposes of, or in the course of, the clinical care, management or treatment of a person's injury, disease, illness or other medical condition.\n\t(2)\tPursuant to section 16(1) of the Act, a person is exempt from section 7(1) of the Act in respect of single‑use plastic spoons if the person sells, supplies or distributes the spoons (as the case requires) in the course of carrying on a business as a wholesaler or distributor and the person is satisfied, on reasonable grounds, that the sale, supply or distribution of the spoons is to a medical or dental facility or a care facility.\n\t(3)\tFor the purposes of this regulation, the clinical care, management or treatment of a person's injury, disease, illness or other medical condition includes the clinical diagnosis, prognosis, assessment, prevention, management, treatment or palliation of the injury, disease, illness or other medical condition.\n9—Exemptions for plastic‑stemmed cotton buds and single‑use plastic bowls\n\t(1)\tPursuant to section 16(1) of the Act, a person is exempt from section 7(1) of the Act in respect of plastic‑stemmed cotton buds or single‑use plastic bowls if the person sells, supplies or distributes the plastic‑stemmed cotton buds or single‑use plastic bowls (as the case requires) and the person is satisfied on reasonable grounds—\n\t(a)\tthat the sale, supply or distribution of the plastic‑stemmed cotton buds or single‑use plastic bowls is not to a member of the public; and\n\t(b)\tthat the sale, supply or distribution is to a person who uses the plastic‑stemmed cotton buds or single‑use plastic bowls (as the case requires) for medical, scientific, law enforcement or forensic purposes, or to enable the sale, supply or distribution to a person who uses the plastic‑stemmed cotton buds or single‑use plastic bowls for medical, scientific, law enforcement or forensic purposes.\n\t(2)\tFor the purposes of subregulation (1), a medical purpose includes—\n\t(a)\ta purpose relating to the clinical care, management or treatment of patients at a medical or dental facility or residents at a care facility; and\n\t(b)\ta purpose relating to veterinary medicine or treatment,\nbut—\n\t(c)\tin the case of plastic‑stemmed cotton buds—does not include a cosmetic purpose; and\n\t(d)\tin the case of single‑use plastic bowls—does not include bowls used to serve food or beverages to people.\n\t(3)\tPursuant to section 16(1) of the Act, a person is exempt from section 7(1) of the Act in respect of plastic‑stemmed cotton buds if the person sells, supplies or distributes the plastic‑stemmed cotton buds (as the case requires) as part of a first aid kit, a COVID‑19 testing kit or another kit used for medical, scientific, law enforcement or forensic testing.\n\t(4)\tFor the purposes of subregulation (3), medical testing includes testing relating to veterinary medicine or treatment.\n10—Exemption for plastic shopping bags—charitable organisations\n\t(1)\tPursuant to section 16(1) of the Act, a person is exempt from section 7(1) of the Act in respect of the supply or distribution of plastic shopping bags if—\n\t(a)\tthe person is, or is acting on behalf of, a charitable organisation; and\n\t(b)\tthe bags were donated to the organisation; and\n\t(c)\tthe person supplies or distributes the bags (as the case may be) to another person for the purposes of carrying goods purchased from, or otherwise supplied by, the organisation at a thrift shop or other charitable retail outlet run by the organisation.\n\t(2)\tThis regulation expires on 31 August 2027.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of these regulations (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2021\n19\nGazette 25.2.2021 p648 \n1.3.2021: r 2\n2021\n43\nGazette 29.4.2021 p1255\n29.4.2021: r 2\n2023\n68\nGazette 13.7.2023 p2193\n1.9.2023: r 2\n2024\n27\nGazette 16.5.2024 p857\n1.9.2024 except Pt 3—1.9.2025 and except Pt 4—1.3.2026: r 2\n2024\n90\nGazette 5.9.2024 p3132\n5.9.2024: r 2\n2024\n126\nGazette 12.12.2024 p4667\n12.12.2024: r 2\n2025\n97\nGazette 21.8.2025 p3490\n1.9.2025 immediately after Pt 3 of 27/2024: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nr 2\nomitted under Legislation Revision and Publication Act 2002\n29.4.2021\nr 3\n\n\nr 3(1)\nr 3 redesignated as r 3(1) by 27/2024 r 3(12)\n1.9.2024\nAS 4736-2006\ninserted by 27/2024 r 3(1)\n1.9.2024\nAS 5810-2010\ninserted by 27/2024 r 3(1)\n1.9.2024\nauthorised certifier\ninserted by 27/2024 r 3(1)\n1.9.2024\nballoon stick\ninserted by 27/2024 r 3(1)\n1.9.2024\nballoon tie\ninserted by 27/2024 r 3(1)\n1.9.2024\nbeverage plug\ninserted by 27/2024 r 3(1)\n1.9.2024\ncatering platter\ninserted by 27/2024 r 3(2)\n1.9.2024\ncertified as compostable\ninserted by 27/2024 r 3(2)\n1.9.2024\nexpanded polystyrene food or beverage container\ninserted by 27/2024 r 3(3)\n1.9.2024\n\namended by 126/2024 r 3(1)\n12.12.2024\nexpanded polystyrene food tray\ninserted by 27/2024 r 3(3)\n1.9.2024\nfish\ninserted by 27/2024 r 3(3)\n1.9.2024\nfood bag tag\ninserted by 27/2024 r 3(3)\n1.9.2024\ngarland tape\ninserted by 27/2024 r 3(3)\n1.9.2024\nhome compostable\ninserted by 27/2024 r 3(3)\n1.9.2024\nindustrially compostable\ninserted by 27/2024 r 3(3)\n1.9.2024\npizza saver\ninserted by 68/2023 r 3(1)\n1.9.2023\nplastic barrier bag\ninserted by 27/2024 r 3(4)\n1.9.2024\n\namended by 27/2024 r 6(1)\n1.9.2025\n\namended by 97/2025 r 3(1)\n1.9.2025\nplastic confetti\ninserted by 27/2024 r 3(4)\n1.9.2024\nplastic produce sticker\ninserted by 27/2024 r 6(2)\n1.9.2025\nplastic shopping bag\ninserted by 27/2024 r 3(4)\n1.9.2024\nplastic-stemmed cotton bud\ninserted by 68/2023 r 3(1)\n1.9.2023\npre-filled soy sauce container\ninserted by 27/2024 r 6(3)\n1.9.2025\npremises\ninserted by 27/2024 r 3(5)\n1.9.2024\nprescribed food container\ninserted by 27/2024 r 3(6)\n1.9.2024\n\namended by 90/2024 r 3\n5.9.2024\n\namended by 27/2024 r 9(1)\n1.3.2026\n\namended by 126/2024 r 3(2)\n12.12.2024\nprescribed food container lid\ninserted by 27/2024 r 3(6)\n1.9.2024\n\namended by 27/2024 r 9(2)\n1.3.2026\nready-to-eat food\ninserted by 27/2024 r 3(6)\n1.9.2024\nrelevant food or beverage product\namended by 27/2024 r 3(7)\n1.9.2024\nsingle-use plastic beverage cup\ninserted by 27/2024 r 3(8)\n1.9.2024\nsingle-use plastic beverage cup\namended by 27/2024 r 9(3)\n1.3.2026\nsingle-use plastic beverage cup lid\ninserted by 27/2024 r 3(8)\n1.9.2024\n\namended by 27/2024 r 9(4)\n1.3.2026\nsingle-use plastic bowl\ninserted by 68/2023 r 3(2)\n1.9.2023\n\namended by 27/2024 r 3(9)—(11)\n1.9.2024\n\namended by 27/2024 r 9(5)\n1.3.2026\n\namended by 126/2024 r 3(3)\n12.12.2024\nsingle-use plastic plate\ninserted by 68/2023 r 3(2)\n1.9.2023\nr 3(2)\ninserted by 27/2024 r 3(12)\n1.9.2024\n\namended by 27/2024 r 6(4)—(6)\n1.9.2025\n\namended by 97/2025 r 3(2), (3)\n1.9.2025\n\n(d), (e) deleted by 97/2025 r 3(4)\n1.9.2025\nr 3(3) and (4)\ninserted by 27/2024 r 3(12)\n1.9.2024\nr 3A\ninserted by 68/2023 r 4\n1.9.2023\n\namended by 27/2024 r 4\n1.9.2024\n\namended by 27/2024 r 7\n1.9.2025\n\namended by 97/2025 r 4\n1.9.2025\nr 4\ndeleted by 27/2024 r 8\n1.9.2025\nr 8\ninserted by 43/2021 r 4\n29.4.2021\n\nexpired: r 8(4)\n(1.3.2022)\n\nsubstituted by 68/2023 r 5\n1.9.2023\nr 9\ninserted by 68/2023 r 5\n1.9.2023\nr 10\ninserted by 27/2024 r 5\n1.9.2024\nr 10\nwill expire: r 10(2)\n(31.8.2027)\nHistorical versions\n29.4.2021\n\n1.9.2023\n\n1.9.2024 (electronic only)\n\n5.9.2024\n\n12.12.2024\n\n1.9.2025\n\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope change cannot be assessed as the legislative text was inaccessible. No content was available to compare against the original regulatory intent."},"complexity_factors":["No legislative text was retrievable — the source page returned a 404/Page Not Found error","Complexity cannot be meaningfully assessed without access to the actual provisions","Score of 1 reflects absence of content, not simplicity of the law itself"],"plain_english_summary":"The Single‑use and Other Plastic Products (Waste Avoidance) Regulations 2021 is a South Australian subordinate instrument aimed at reducing waste by restricting single‑use plastic items (e.g. straws, cutlery, plates, bags). It primarily affects businesses that supply these products and consumers who use them, and matters because it reduces landfill and environmental plastic pollution.\n\nFor exact bans, exemptions and penalties, consult the South Australian legislation site or the EPA."},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The regulations have expanded significantly beyond the original 2021 scope. Initially covering basic items like straws, cutlery and stirrers, the instrument has grown through multiple amendments (2023, 2024, 2025) to include: expanded polystyrene trays and containers, plastic confetti, balloon accessories, pizza savers, pre-filled soy sauce containers, plastic produce stickers, and complex compostability certification systems. The 2024 amendments in particular added extensive technical requirements around compostable alternatives and staged phase-out dates extending to 2029, transforming what began as a straightforward ban into a sophisticated regulatory framework with multiple compliance pathways."},"complexity_factors":["47+ defined terms in the interpretation section (r 3), many with nested sub-paragraphs and multiple exceptions","Extensive cross-referencing to Australian Standards (AS 4736-2006, AS 5810-2010) and international standards (ASTM D6400, EN 13432, TUV OK)","Multiple sunset clauses and staged implementation dates (1 September 2024, 2025, 2027, 2029; 1 March 2026; 1 November 2024)","Complex conditional logic for compostable exemptions requiring specific labelling based on capacity (60ml+) or diameter (70mm+) thresholds","Nested exceptions within definitions (e.g., plastic shopping bag excludes compostable bags, but only if labelled correctly based on type of compostability)","Regulation 3(2) creates a three-tier certification system with transitional arrangements including 'determination dates' for pending applications","Multiple overlapping exemptions for straws (regs 5, 6, 7) with different conditions for retailers, prescribed businesses, and wholesalers","Specific material exemptions (polypropylene, polyethylene terephthalate) for certain food containers with temperature and date conditions","Legislative history shows 6 amendment instruments since 2021, indicating high volatility and layering of new provisions"],"plain_english_summary":"These regulations are South Australia's rulebook for banning specific single-use plastic items. They work under the main Act to:\n\n**Ban these items outright:**\n- Single-use plastic straws, cutlery, plates, bowls, cups and lids\n- Plastic shopping bags and barrier bags (the thin bags for fruit/veg)\n- Expanded polystyrene food containers and trays\n- Plastic-stemmed cotton buds\n- Plastic confetti, balloon sticks and ties\n- Pizza savers (those plastic things in pizza boxes)\n- Pre-filled soy sauce containers (like the fish-shaped ones)\n- Plastic produce stickers on fruit and veg (from a date set by the Minister)\n\n**Key exemptions (who can still use/sell these):**\n- **Plastic straws:** Pharmacies, councils, charities, care facilities, medical/dental clinics can sell them for people with disabilities or medical needs. Wholesalers can supply these businesses. No proof required from customers.\n- **Plastic spoons:** Medical, dental and care facilities can use them for patient care.\n- **Cotton buds & bowls:** Allowed for medical, scientific, forensic or law enforcement purposes (but not cosmetics for cotton buds, not food service for bowls).\n- **Shopping bags:** Charities can give away donated plastic bags at thrift shops until 31 August 2027.\n\n**Compostable alternatives:**\nProducts certified as home or industrially compostable (meeting specific Australian Standards) are generally exempt from bans, provided they're properly labelled.\n\n**Why it matters:**\nThis cuts plastic pollution, protects wildlife, and pushes businesses and consumers toward reusable or genuinely compostable alternatives. The rules recognise that some people with disabilities medically need plastic straws, so those exemptions protect accessibility while still reducing waste."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulations' scope has expanded since first made: r 3A was added (68/2023) and subsequently amended (27/2024; 97/2025) to include additional items (eg. pizza savers, plastic‑stemmed cotton buds, bowls, plates, shopping and barrier bags, cups, lids, film, confetti, balloon accessories, produce stickers and pre‑filled soy sauce containers). Definitions, phased commencement dates, certification pathways and new exemptions (rr 5–10) were introduced or modified, and some exemptions are time‑limited (r 10). See the legislative history for amendment dates."},"complexity_factors":["Extensive, specific definitions and carve‑outs for many product types (r 3) increasing interpretive detail","A long list of included prohibited products with staged inclusions and future‑dated commencements (r 3A and legislative history)","Multiple, different exemption streams (designated persons, prescribed businesses, wholesalers, medical/care facilities, charities) with distinct rules (rr 5–10)","Certification regime tied to multiple standards (AS 4736‑2006, AS 5810‑2010, ASTM, EN, TUV) and an ‘authorised certifier’ approval process (r 3(2)–(4))","Ministerial discretion and Gazette notices to fix dates or approve/revoke certifiers (r 3(4); legislative history entries)","Transitional labelling and grandfathering provisions with several cutoff dates (eg. 1 Mar 2026, 1 Sep 2025/2029, 1 Nov 2024) that vary by product","Verification rules vary: some exemptions require no proof (rr 5–7) while others require ‘reasonable grounds’ satisfaction, creating asymmetric compliance burdens","Time‑limited and expiring provisions (eg. charity bag exemption expires 31.8.2027) that require ongoing compliance monitoring"],"plain_english_summary":"These regulations list which single‑use and related plastic products are banned in South Australia and set limited exemptions, certification rules and phased start dates. They create rules for suppliers, retailers, wholesalers, prescribed businesses (pharmacies, councils, charities, care and medical/dental facilities) and consumers needing assistive straws, and assign the Minister powers over authorised certifiers and commencement notices. (See definitions at r 3, prohibited items at r 3A and exemptions at rr 5–10.)"}},"importantCases":[],"_links":{"self":"/api/acts/single-use-and-other-plastic-products-waste-avoidance-regulations-2021","history":"/api/acts/single-use-and-other-plastic-products-waste-avoidance-regulations-2021/history","analysis":"/api/acts/single-use-and-other-plastic-products-waste-avoidance-regulations-2021/analysis","conflicts":"/api/acts/single-use-and-other-plastic-products-waste-avoidance-regulations-2021/conflicts","importantCases":"/api/acts/single-use-and-other-plastic-products-waste-avoidance-regulations-2021/important-cases","documents":"/api/acts/single-use-and-other-plastic-products-waste-avoidance-regulations-2021/documents"}}