To provide a suitable alternative for businesses serving very hot food or displaying food in fridges or hot environments, there will be a 5-year limited exemption for transparent square or rectangular containers with detachable lids made wholly from polypropylene (PP) or polyethylene terephthalate (PET).

Examples of permitted containers are pictured below:

Examples of banned containers are pictured below:

Certified compostable products are made of materials that do not leave behind any toxic material, breaking down readily in a commercial, or sometimes home, composting system. This can include items that look like plastic, such as bowls, cups and bags. Labelling on these products must clearly state the item is certified compostable, preferably including the relevant AS certification logo, to assist consumers and businesses to purchase compliant products and to use appropriate disposal pathways. Australia has two of the highest standards in the world when it comes to certification:

AS 4736:2006 Biodegradable plastics suitable for industrial/compostable composting and other microbial treatment

This certifies the product can be composted through a commercial composting facility. In the majority of South Australian council areas, in workplaces and schools with organics collections, and at public events, this means the material can go into the available green-lidded organics bins.

 AS 5810:2010 Biodegradable plastics suitable for home or commercial/industrial composting 

This certifies that the product can be composted in your home compost bin. It is also suitable to go into a green-lidded organics bin.

Commercial composting facilities generate much more heat than a home compost bin and use oxygen and water to break down materials into compost. Both AS 4736:2006 and AS 5810:2010 certified compostable products can be processed at commercial composting facilities in South Australia.

As home composting facilities do not reach the same high temperatures that are reached at commercial composting facilities, only AS 5810:2010 certified compostable products are suited to home compost systems.

Previously the South Australian government has not allowed single-use products already banned or restricted (such as plastic straws, plastic cutlery, plastic stirrers) to be made from bioplastic. This is because, when littered, bioplastic behaves in a similar way to conventional plastic, remaining in the environment and causing harm.

Single-use food and beverage containers need to be waterproof to be safe and effective. Typically, all single-use food and beverage containers sold in Australia are either made entirely from plastic or have been lined with, or contain, a plastic polymer to ensure they are waterproof.

Under South Australian legislation, all polymers used to waterproof a container, no matter how the waterproofing is applied, are considered a plastic.

Several exemptions have been put into place for compostable food and beverage containers to ensure that there are suitable alternative products for businesses in South Australia. 

• Australian Standard (AS) certified compostable hot and cold beverage cups and their lids
• AS certified compostable food containers including bowls, containers, trays and their lids when used for takeaway food prepared for sale and consumption on the same day

After public consultation on the proposed regulations and feedback from businesses and manufacturers there will be temporary exemptions until 28 February 2026 for:

• Food and beverage containers that have application pending decision for AS compostable certification and have not yet completed the process
• Hot and cold beverage cups and their lids certified to ATSM D6400 (US Standard), EN 13432, TUV OK compost INDUSTRIAL or TUV OK compost HOME
• Food containers including bowls, containers, trays and their lids certified to ATSM D6400 (US Standard), EN 13432, TUV OK compost INDUSTRIAL or TUV OK compost HOME when used for takeaway food prepared for sale and consumption on the same day.

From 1 March 2026 the exemptions will only apply to AS certified compostable food and beverage containers that are clearly marked in a manner that indicates that they are home compostable, both home compostable and industrially compostable, or industrially compostable.

Plastic straws, single-use plastic cutlery and plastic stirrers made from any type of bioplastic will remain banned under current South Australian legislation, as these products do not contribute to the diversion of food waste from landfill.

Labelling ensures that suppliers, business owners and consumers can easily identify AS certified compostable products and know that they can be disposed of in green-lidded organics bin systems accepting food and garden organics.

Recent research by the Compostable Coalition UK has shown that when compostable packaging is clearly labelled, it is much more likely to be correctly disposed of in the organic bin system ensuring optimal food waste recovery and lower environmental impact.

From 1 March 2026, the regulations require that to be exempt from being a prohibited plastic product, AS certified compostable packaging must be ‘clearly labelled as, or otherwise marked in a manner that indicates that’ the product is home compostable, both home compostable and industrially compostable, or industrially compostable.

There are exemptions to the labelling requirements. Food and beverage containers of less than 60mL in volume and lids of less than 70mm diameter will not be required to be marked however manufacturers and/or suppliers may be requested to provide evidence of certification if requested by business or the regulator.

The regulations do not mandate the use of logos or specific wording. Businesses need to make a commercial decision on how they choose to label their product, taking into consideration any licensing requirements for logos and the Australian Competition and Consumer Commission (ACCC) guidance on Making environmental claims: A guide for business.

During the transition period from 1 September 2024 to 28 February 2026, compostable packaging compliant with the regulations (including products certified to US and European composting standards) will not need to be clearly labelled. Given the lead times for development and printing of packaging, businesses are encouraged to start this process as soon as possible to ensure that labelling is in place when this requirement commences.

During public consultation, individuals and businesses expressed concerns that there were not enough AS certified compostable food and beverage products commercially available to meet the ban implementation deadline of 1 September 2024.

As part of the transition period until 28 February 2026, food and beverage containers and their lids certified to the following composting standards will be permitted:

• ASTM D6400-23 Standard Specification for Labeling of Plastics Designed to be Aerobically Composted in Municipal or Industrial Facilities. This is the US Standard for industrially compostable bioplastic products.
• EN 13432 Packaging – Requirement for packaging recoverable through composting and biodegradation – Test scheme and evaluation criteria for the final acceptance of packaging. This is the European Standard for industrially compostable bioplastic products. 
• OK compost INDUSTRIAL is a European certification that is harmonised with EN 13432, indicating that it is an industrially compostable bioplastic product.
• OK compost HOME is a European certification that is based on several standards including AS 5810:2010, indicating that it is a home compostable bioplastic product.

These standards are not the same as AS 4736:2006 and AS 5810:2010, which include an additional requirement of a worm toxicity test. This testing component ensures that AS certified compostable items in the compost have no toxic effect on plants and earthworms, making it preferable to other international standards.

After 1 September 2024 and before 1 March 2026, businesses will be able to purchase and use food and drink containers and their lids that are certified compostable to Australian, European and US standards. These may or may not have clear labelling.

Businesses are encouraged to check with their supplier for evidence of certification for each of the products that they are purchasing.

Suppliers will be required to provide evidence of certification to businesses and to the regulator (South Australian Environment Protection Authority) if requested.

Where the supplier has an application for the product pending decision for AS compostable certification and have not yet completed the process, this information should be provided to the purchasing business or the regulator on request.

From 1 March 2026 the exemptions will only apply to AS certified compostable food and beverage containers that are clearly marked in a manner that indicates that they are home compostable, both home compostable and industrially compostable, or industrially compostable.

Businesses and the packaging industry provided feedback during the consultation process that compostable packaging is not suitable for all types of takeaway ready-to-eat food.

Compostable containers cannot be stored in hot environments or warming drawers greater than 60°C. Australian Food Standards require that food kept in a warming drawer/hot cabinet must be kept at least 60°C.

Very hot and oily foods (such as stir fries, curries and laksa) placed in compostable plastic packaging for transport or delivery can cause the packaging to fail, creating a health and safety risk.

Transparency of food packaging is required for popular ‘grab & go’ business models. For hot foods, most transparent compostable lids and bowls cannot tolerate temperatures greater than 60°C. Transparent compostable bowls and lids are more porous and may not form a moisture barrier between the food and the air outside (including within a fridge) potentially leading to contamination of food.

To provide a suitable alternative for businesses serving very hot food or displaying food in fridges or hot environments, there will be a 5-year limited exemption for transparent square or rectangular containers with detachable lids made wholly from polypropylene (PP) or polyethylene terephthalate (PET). When any remaining food is removed or washed out, these containers are 100% recyclable in South Australian kerbside systems.

This is a temporary exemption for 5 years to allow for research and development into alternative compostable or non-plastic containers that can be used for ready-to-eat takeaway food.

From 1 September 2024, mixed packaging of conventional PP or PET lids and compostable bases/containers will not be permitted for ready-to-eat takeaway food. This requires users to separate the lid from the base before disposing (lid to yellow recycling bin and base to green organics bin) that is likely to lead to contamination of both yellow and green bins.

• Pre-packaged ice cream, frozen yoghurt, frozen dessert, sorbet, gelato, frozen puddings in multiple or single serves
• Pre-packaged products, including:
  • yoghurt (including dairy-free yoghurt) with or without muesli/fruit mix/biscuit in multiple or single serves (noting that attached cutlery will be banned from 1 September 2025)
  • desserts, like mousse, crème caramel, custard, rice pudding, pannacotta, sundae, dessert sauce, cheesecake, tiramisu, jelly and sponge puddings
  • confectionery
  • cream, sour cream, crème fraiche
  • butter, margarine and spreads (including dairy-free spreads) in multiple or single serves
  • jams, conserves, jellies, nut butters, Vegemite and other spreads in multiple or single serves
  • pate, terrine and fruit pastes
  • cheese, cheese slices and cheese spreads (with or without crackers) in multiple or single serves
  • dips and spreads including pesto (with or without crackers) in multiple or single serves
  • tofu and tempeh
  • soup which is sold cold and requires cooking or heating
  • ready meals sold cold, chilled or frozen and require cooking or heating
  • punnets of fruit, like berries, tomatoes, baby cucumbers, grapes, cherries, dates
  • fruit and nut mixes
  • fresh pasta and fresh pasta sauce
  • dried meals in a container that require hot water and/or cooking (like Mac’n’Cheese, instant noodles) noting that pre-packaged EPS cups will be banned from 1 September 2025
  • cooked rice, quinoa
  • potato mash
  • pre-prepared fruit and vegetables, like sliced mushrooms, diced pumpkin and sweet potato, cauliflower rice, melon pieces, pineapple cubes/slices, fruit salad, bean sprouts
  • pre-packed deli meats.
• Pre-packaged bakery products, including:
  • croissants requiring cooking/heating
  • bread
  • bread roll multipacks
  • cakes, sponges, donuts, loafs, muffin bars, lamingtons, brownies and sponge rolls in multiple serves
  • waffles.

It is not an offence to supply a single-use plastic food container (with or without a lid) to a business in South Australia. It is recommended that any business selling plastic food containers checks with purchasers how they intend to use the container, as it is how the container is used that determines the offence.

It is an offence for a business to supply ready-to-eat takeaway food to a customer in a non-compliant food container.

Reusable options may take a number of forms including (but not limited to):

• requiring customers to bring their own food or beverage container to be filled by the business and taken away
• providing a reusable food or beverage container that can be returned to the business by the customer through a local return system or through a network of businesses
• providing a cup library where regular customers can borrow and use reusable cups and then return them
• using a reusable food or beverage container subscription scheme allowing cups to be returned to the business through a network of businesses
• creating a local reusable food or beverage container system in a precinct or at an event (for example, airports, hospitals, educational institutions, stadiums, festivals, concerts or fetes)
• encouraging customers to consume their purchases on the premises so reusable food and beverage containers can be collected and washed on-site.

For more information about encouraging and using reusable food and beverages look at the guides provided on the Plastic Free SA website.

In July 2022, the South Australia Civil Liability Act 1936 was changed to remove liability from food businesses such as cafés, restaurants and supermarkets when packaging and selling food to a customer in their own container. This immunity extends to all employees selling the food.

This means there is better protection for businesses that choose to accept customers’ BYO containers. However, if a customer provides an unclean BYO reusable container, it is considered reasonable to refuse to fill the container.

It is important to note that businesses are still liable if the person selling the food was negligent and sold food that was knowingly unsafe to eat, or the food was subjected to a food recall at the time of sale.

For more information go to Bring your own (BYO) containers | SA Health.

No. The exemption is written into the regulations and no applications are required.

You must have evidence from the manufacturer that the whole product (and not just the materials it has been made from) is certified and that the certificate is valid. You may be asked by customers or the regulator (SA EPA) to provide this evidence.

The exemption for EU and US certification standards only applies until 1 March 2026.

You will not be permitted to sell the product in South Australia after 1 March 2026 until it is certified and labelled.

The transition period is being put into place to provide more than 18 months for suppliers to have their food and beverage containers and lids AS certified and clearly labelled by 1 March 2026.

The temporary exemption until 1 March 2026 has been put into place in recognition that the process to finalise Australian Standard certification (either AS4736:2006 or AS5810:2010) can take many months.

Businesses who have submitted an application to certify their food or beverage container (the entire product, not the material it is made from) to either AS4736:2006 or AS5810:2010 will be permitted to sell that product in South Australia until the determination date.

The determination date is the date that the outcome of the application for certification to the certification body is determined, withdrawn or otherwise finalised.

For example:

A supplier submits its application to the certifying body to have its coffee cup and lid certified to AS4736:2006 on 4 August 2024. From 1 September 2024, the supplier will be permitted to sell the coffee cup and its lid to businesses in South Australia.

On 2 February 2025, the certifying body notifies the supplier the outcome of the application. This is the determination date.

If the product (both cup and lid) are certified to AS4736:2006, the supplier will be permitted to continue selling the product in South Australia. The supplier is strongly recommended to arrange for the product to be correctly labelled as soon as possible after it has been certified, in preparation for the labelling requirements coming into effect on 1 March 2026.

If the product fails to meet the certification requirements, the supplier must remove the product from sale in South Australia from 2 February 2025.

Alternatively, if the supplier decides for any reason to withdraw their application for certification, the supplier must also remove the product from sale in South Australia from the date the application is withdrawn.