3166GOVERNMENT GAZETTE, WA 3 June 2022

3166 GOVERNMENT GAZETTE, WA 3 June 2022 (3) Subregulation (1) does not apply to the supply of a prescribed plastic item in connection with the service or consumption of food or drink on an aircraft. (4) Subregulation (1) does not apply to the wholesale supply of a prescribed plastic item if the wholesale supplier believes on reasonable grounds that the person to whom the item is supplied by the wholesale supplier, or another person to whom the item is subsequently to be supplied, will use the item — (a) to prepare a pre-packaged food or drink product; or (b) in the case of a prescribed plastic item that is a tray made from expanded polystyrene — as packaging for raw meat or seafood; or (c) in the case of a prescribed plastic item that is a bowl without a lid or a food container (made from plastic other than expanded polystyrene) without a lid — in conjunction with a lid; or (d) in connection with the service or consumption of food or drink on an aircraft. Division 2 — Prescribed drinking straws 8. Offence to supply prescribed drinking straw (1) A person must not, in the course of conducting a business or undertaking, supply a prescribed drinking straw. (2) Subregulation (1) does not apply if the supply is permitted under regulation 9, 10, 11, 12, 13, 14 or 15. 9. Permitted supply: straw supplied as part of pre-packaged food or drink product A person may supply a prescribed drinking straw if the straw forms part of, is attached to, or is inside the sealed packaging of, a pre-packaged food or drink product. Example for this regulation: A drinking straw attached to a juice box. 10. Permitted supply: straw supplied by medical care provider A medical care provider may supply a prescribed drinking straw (either as a single straw or as part of a pack) in the course of conducting their practice as a medical care provider.

3 June 2022 GOVERNMENT GAZETTE, WA 3167 11. Permitted supply: straw supplied on aircraft A person may supply a single prescribed drinking straw to a person if the supply occurs in connection with the service or consumption of food or drink on an aircraft. 12. Permitted supply: straw supplied at care facility (1) A person (the supplier) may supply a prescribed drinking straw (either as a single straw or as part of a pack) to a person being cared for at a care facility if — (a) before the supply, the straw or pack of straws is not kept where it is generally available to be taken by persons at the care facility; and (b) either — (i) the person being cared for has requested the straw or pack of straws; or (ii) the supplier reasonably believes that the straw or pack of straws is required for medical, disability or therapeutic purposes. (2) For the purposes of subregulation (1), there is no requirement for the supplier to request or obtain any information or evidence in relation to any medical, disability or therapeutic purposes for which the straw or pack of straws is required. 13. Permitted supply: straw supplied on request with food or drink A person may supply a single prescribed drinking straw to a person in the course of conducting a business or undertaking (other than a retail business) as part of which food or drink is supplied if — (a) before the supply, the straw is not kept on display or where it is generally available to be taken by persons at the place where the supply occurs; and (b) the straw is supplied — (i) at the request of a person; and (ii) for use with food or drink.