B.C. is first province to create Single-Use and Plastic Waste Regulation

On Friday, July 14, 2023, British Columbia published their anticipated Single-Use and Plastic Waste Regulation. The regulation comes into effect in five months on December 20, 2023.

RCC advocated for minimum six months’ notice to allow retailers and quick-service restaurants to order supplies, enact employee training programs and prepare for implementation. We also advocated for an effective date of January 1, 2024, noting that a December 20 implementation date is particularly unfair to retailers and restaurants, the two groups most significantly impacted by this regulation.

Oxo-Degradable Plastic Ban

Oxo-degradable plastic contains an additive that, through oxidation, leads to chemical decomposition or the fragmentation of the plastic material into microfragments. Packaging and single-use products that are wholly or partly composed of oxo-degradable plastic must not be distributed or sold. There are two exemptions: for devices defined under the Pharmaceutical Services Act, and, for packaging or single-use products intended for sale or distribution to a person outside British Columbia.

Shopping Bags

The only bags that may be distributed or sold for the purpose of facilitating the transport of a commodity or product away from a business are those described in the regulation:

Paper shopping bags may be sold for at least 25 cents for each recycled paper bag. Recycled paper bags are composed of at least 40% recycled paper content, and, are printed on the outside with a reference to the percentage of recycled content and the word “recyclable”. [Note that “recycled paper bag” is not defined in the regulation. Note also that municipal governments may enact higher prices for bags with the approval of the province.]

Reusable shopping bags are bags that are manufactured to be used and machine-washed at least 100 times. RCC advised government that the requirement that bags be machine-washable would apparently exclude leather, jute and some hemp reusable bags.

Paper bags smaller than 15 by 20 cm when flat may be provided without charge. [RCC advised government that many mushroom bags are larger than 15 by 20 cm.] Bags used for drugs under schedules I, IA, II or III of the Drug Schedules Regulation and for devices defined in the Pharmaceutical Services Act may also be provided without charge. Finally, used bags may be provided without charge.

Please note that there is no exemption provided for small plastic bags used for produce, baked goods, meat or fish products, bulk hardware and similar items.

If the business is a “food service provider” (in the ordinary course of business prepares and serves food or beverages to individuals) there is no charge for bags: containing food or beverages prepared by the business and purchased for delivery, or, for food or beverages provide through a window at a drive-through restaurant.

There is also an exemption for registered charities distributing food, beverage or personal hygiene products.

The customer must be offered, orally or in writing, an opportunity to use the customer’s own bag, must choose to purchase a shopping bag, and must be informed of the price for the shopping bag. The business operator must include the bag fee charge on the receipt provide to the customer, as a separate line item.

Record Retention: Shopping Bags

Any business operator employing 500 or more employees in British Columbia is required to keep records on shopping bag distribution. Franchisors and franchisees are deemed to be a single business operator. The business must keep, and make available for inspection, the average number of recycled paper, and reusable, bags sold by the business per sale transaction in each of the previous two calendar years.

Food Service Ware and Accessories: Problematic Plastics

A food service provider must not sell or distribute food or beverages packaged in food service ware that is wholly or partly made of biodegradable plastic, compostable plastic, polystyrene foam, polyvinyl chloride or polyvinylidene chloride. Food service ware that is wholly composed of paper or a plant fibre material and lined with compostable plastic is exempt, as are food and beverages intended for sale or distribution to a person outside B.C.

Food service wear is defined as a bowl, box or carton (including an egg carton), cup, hinged or lidded container, plate, platter, tray, or, film wrap.

A food service provider also must not sell food or beverages that are contained or packaged in food service ware that is wholly or partly composed of biodegradable plastic, polystyrene foam, polyvinyl chloride, or, polyvinylidene chloride. Again, there is an exemption for food intended for sale or distribution to a person outside B.C. There is also an exemption, until July 1, 2030, for raw meat, raw poultry and raw fish (in a state not ready to be eaten) on a tray composed of polystyrene foam.

No business shall distribute or sell food service wear that is wholly or partly composed of biodegradable plastic, polystyrene foam, polyvinyl chloride, or, polyvinylidene chloride. Again, there is an exemption for the purpose of sale or distribution to a person or business outside B.C. There is also an exemption for polystyrene trays for raw meat, raw poultry and raw fish (in a state not ready to be eaten).

Food Service Accessories

A food service provider must not distribute or sell a single-use food service accessory except as outlined in the regulation. Food service accessories are: beverage cup lid, beverage cup sleeve, condiment, drinking straw, garnish, napkin, utensil and wet wipe.

The permitted circumstances are:

• customer requests, or accepts an offer of, the food service accessory (including electronic requests or acceptance)
• food service accessory is available in a self-service manner
• food service accessory is a beverage cup lid distributed with a beverage that is purchased for delivery, or served through a window at a drive-through restaurant
• food service accessible is distributed or sold at a care facility (defined in the regulation)
• A food service provider may not distribute or sell a single-use utensil (spoon, fork, knife, chopstick, stir stick and splash plug) that is wholly or partly composed of plastic.

A food service provider must not distribute or sell a single-use food service accessory that is bundled or pre-packaged together with one or more single-use food service accessories. [RCC notes a concern that this could apply to stores with on-site food preparation selling packages of food service accessories.]

Record Retention: Single-Use Food Service Accessories

A food delivery platform operator must keep, and make available for inspection a record of the percentage of delivery orders received by the operator in each of the previous two calendar years in relation to which a food service accessory was requested or accepted. [While this provision appears to have been targeted at food delivery applications, RCC is concerned that it appears to include retailers who produce food on their premises.]

RCC will hold a meeting to discuss responses for members on Monday, July 24, 2023 at 11:00 a.m. Pacific Time. RCC will advocate that government change several provisions of the regulation.