Summary of changes made to SUP Amendment Regulations

No change – reusable plastic film shopping bags will not be permitted

Creating an effective reusable plastic bag standard that dictates minimum percentage of domestic Australian recycled plastic and has a minimum price applied is not possible by regulation under the SUP Act.

A temporary exemption until 31 August 2027 applies to plastic film shopping bags used to donate goods to charitable organisations after 1 September 2024. 

The donated plastic shopping bag may be reused for items purchased or supplied from a thrift or other charitable retail outlet run by the organisation. Charities will not be permitted to purchase or supply new plastic shopping bags for thrift or retail outlets.

By September 2027, it is expected that the number of plastic film bags still being used to donate goods will have significantly decreased and the exemption will no longer be required.

No change to implementation date for AS certified compostable bags for fruit, vegetables, nuts and confectionery from 1 September 2024

There was strong support for this regulation with many businesses having already made this change. 

12-month delay for implementation date for AS certified compostable bags for meat, poultry, dairy and fish until 1 September 2025

Industry and businesses have requested additional time to research and test AS certified compostable bags for use with these products. Not all compostable bags are compatible with these types of wet protein.

Definition of fish expanded to include crustaceans and molluscs to close a loophole for other seafood products.

AS certified compostable barrier bags must be clearly labelled compostable for the exemption to apply.

Change name from ‘bread bag tag’ to ‘food bag tag’

Submissions highlighted the confusion created by using one product in the name but including other food products in the scope of the ban i.e. a tag intended to hold close a bread bag or other food product bag.

New exemption for plastic food bag tags used to close bags of potatoes and carrots weighing 2kg or greater until 1 September 2029

Industry representatives made clear that fibre-based tags are not suitable for weights of 2kg or greater or in damp storage conditions.

Changing packing technology will require significant capital investment and will take some years to occur. A time-limited exemption would allow producers to investigate alternative technologies and make changes to packing lines.

Delay to labelling requirements for AS certified compostable food and beverage containers until 1 March 2026

There will be an 18-month transition period from the commencement of the regulations will allow for industry and business to ensure that all AS certified compostable food and beverage containers are clearly labelled. 

Councils, the waste industry and consumers strongly supported the labelling requirements to ensure that compostable food and beverage containers were placed in green organic bins after use and assist businesses with purchasing compliant items.

New exemption from labelling requirements for lids less than 70mm in diameter and containers less than 60mL by volume

Industry confirmed that these exemptions capture the most difficult items to clearly mark.

Delay to requirements for compostable food and beverage containers to be certified to AS, allowing European and US certified products until 1 March 2026

From 1 September 2024, all food and beverage containers must be certified compostable or in the process of achieving AS certification.

There will be an 18-month transition period from the commencement of the regulations will allow for industry and business finalise AS certification processes already underway and to meet any initial shortfalls with containers certified to ATSM 6400 (US Standard), EN 13432, TUV OK compost INDUSTRIAL or TUV OK compost HOME while transitioning to only AS certified compostable food and beverage containers. While clear labelling is encouraged and businesses should be implementing these changes as soon as practicable, it is not required under the regulations until 1 March 2026.

From 1 March 2026, only AS certified compostable food and beverage containers that are clearly marked will be exempt.

Change to definition of hot beverage to remove reference to soup

Reduce confusion for industry who consider soup a food and not a beverage.

Change to definition of beverage plug as an object that is inserted into a lid

Change to definition of beverage cup lid to indicate that the film lid must cover the whole top of the cup

These changes clarify that stickers and tape that may be used on lids for both hot and cold beverages to prevent spillage during delivery are not prohibited plastic products under the SUP Act.

New exemption for transparent square or rectangular plastic food containers with a detachable lid made wholly from polypropylene (PP) or polyethylene terephthalate (PET) until 1 September 2029.

Provides an exemption for a suitable single-use plastic container that is 100% recyclable in yellow kerbside bins.

The exemption provides for:

• foods kept at temperatures greater than 60°C
• containing and transporting very hot and oily foods
• transparency in hot food storage conditions
• an effective moisture barrier when foods are kept in a refrigerator before sale.

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 foods. 

This prevents users from having to separate the lid from the base before disposing (lid to yellow recycling bin and base to green organics bin) as this is likely to lead to contamination of both yellow recycling and green organics bins.

New exemption for catering platters used at a function or an event

Provides an exemption for a single-use catering platter - 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)

New exemption for produce stickers certified to European or US composting standards until 1 September 2028

Allows produce stickers certified compostable to ATSM 6400 (US Standard), EN 13432, TUV OK compost INDUSTRIAL or TUV OK compost HOME as a transitional solution while AS certification is achieved for produce stickers.

Ban on non-compostable produce stickers will still come into effect on 1 September 2025.