Hong Kong Implements the First-Phase Disposable Plastic Tableware Regulation

The regulation of disposable plastic tableware is an important component of Hong Kong Government's “plastic-free”strategy. The objective is to reduce the use of disposable plastic tableware at the source through legislation, thereby minimizing the impact of plastic pollution on marine ecology, climate change and human health.

On April 22, Hong Kong SAR officially implemented the first-phase disposable plastic tableware regulation, under the Product Eco-responsibility (Amendment) Bill 2023 (hereafter referred to as the Amendment Bill) of regulating disposable plastic tableware and other plastic products.

Regarding the regulation on disposable plastic tableware, the Amendment Bill bans the local sale of nine types of disposable plastic tableware, and prohibits catering premises from providing customers with such products, and is implemented in two phases. The first-phase regulation took effect on April 22, 2024. The second-phase implementation is tentatively set for 2025, and will depend on the availability and affordability of the relevant non-plastic and reusable alternatives.

First-phase

Expanded polystyrene (EPS) tableware, straws, stirrers, cutlery (forks, knives, and spoons) and plates that are small and difficult to recycle or have mature alternatives, are banned for sale to end-customers. Additionally, these items are not permitted to be provided to takeaway or dine-in customers at catering premises.
Cups, cup lids, food containers and food container covers are prohibited for provision to dine-in customers at catering premises.

Second-phase

The regulation will be fully enforced, meaning that cups, cup lids, food containers, and food container covers will also be prohibited for sale to end-customers and will not be provided to takeaway customers in addition to dine-in customers at catering premises.

Details are summarized as follows:

Types of disposable plastic tableware	First-phase	Second-phase
EPS tableware, straws, stirrers, cutlery (forks, knives, spoons), plates	Prohibits the sale to end-customers Prohibits the provision at catering premises to customers for dine-in and takeaway services
Cups	Prohibits the provision at catering premises to customers for dine-in services	Prohibits the sale to end-customers Prohibits the provision at catering premises to customers for dine-in and takeaway services
Cup lids
Food containers
Food container covers

Disposable plastic tableware attached to pre-packaged food and beverages (such as straws attached to paper-packaged drinks and spoons included inside ice cream cups) are excluded from this regulation. However, they are not exempted if they do not form part of the products, or are attached to after the products are manufactured. Additionally, the sale and provision of disposable plastic straws to customers with medical needs at retail and catering premises are exempted.

Violations may result in a fixed penalty of HK$2,000. Depending on the severity of the violation, the authority may also opt to issue summonses and initiate court proceedings, with a maximum penalty of HK$100,000.