Plastic single-use straws - exemptions guidance

The requirements apply to you if you are:

• an individual or organisation providing food or beverages for a commercial purpose, or for charitable, sporting, educational or community purposes (e.g. a restaurant, café (including those on board trains), mobile food truck, school canteen, sports kiosk, fundraiser sausage sizzle)
• a not-for-profit business, a partnership or a sole trader providing food or beverages (eg market stall)
• a registered charity, or
• a local government office accessible to the public (e.g. Council Administration Building).

Requirements

• You can give a plastic single-use straw when asked by an individual who needs one due to disability or other medical need, or an individual or organisation acting on their behalf.
• You can only give a plastic single-use straw if asked. You cannot give a plastic single-use straw if you are not asked.
• You cannot publicly display plastic single-use straws. You must keep the straws out of view, and in a location that is not publicly accessible, for example, behind the counter.
• You can give more than one plastic single-use straw, if asked.
• You must not charge a fee for the straw.
• You do not need to ask the individual for proof that they need a plastic single-use straw for themselves or someone else, and the EPA recommends you do not ask (for privacy reasons). You will not get in trouble for not asking.

• You can provide and sell packets of plastic single-use straws to someone who needs them due to a disability or other medical need, or an individual or organisation acting their behalf.
• You can publicly display packets of plastic single-use straws for the above purposes.
• You do not need to ask the individual for proof that they require the plastic single-use straws for themselves or someone they are acting on behalf of, and the EPA recommends you do not ask (for privacy reasons). You will not get in trouble for not asking.

Health care facilities include medical, dental, care, patient transport and places where in-home care or emergency medical assistance is being provided.

• You can provide a plastic single-use straw to someone for health, medical or dental reasons in the following settings:
  • medical facilities (e.g. hospitals, GP clinics)
  • dental clinics
  • care facilities (e.g. nursing homes, childcare centres)
  • patient transport facilities (e.g. ambulances)
  • places where in-home care is being provided
  • places where emergency medical assistance is being provided (e.g. the scene of an accident where paramedics are providing care).
• You can provide more than one plastic single-use straw to that person.
• You cannot charge a fee for the straw.

If you are a manufacturer, producer or wholesaler (including, for example, a distributor) of plastic single-use straws, you may supply these, after undertaking due diligence that the supply of the plastic single-use straws is to:

• an individual or organisation that is allowed to supply plastic single-use straws:
  • an individual or organisation providing food or beverages for a commercial purpose, or for charitable, sporting, educational or community purposes (e.g. a restaurant, café (including those on board trains), mobile food truck, school canteen, sports kiosk, fundraiser sausage sizzle)
  • a not-for-profit business, a partnership or a sole trader providing food or beverages (e.g. market stall)
  • a medical facility (e.g. hospital, GP clinic)
  • a dental clinic
  • a care facility (e.g. nursing home, childcare centre)
  • a patient transport facility (e.g. ambulance)
  • a place where in-home care is being provided
  • a pharmacy or chemist
  • a local government office accessible to the public (e.g. Council Administration Building)
  • a registered charity (you can search the Australian Charities and Not-for-profits Commission’s database to check if the charity is registered)
  • an online supplier of plastic single-use straws
  • a wholesaler (including, for example, a distributor) of plastic single-use straws
• an individual who requires one due to a disability or other medical need, or an individual or organisation acting on their behalf. 

Due diligence

Perform due diligence to satisfy yourself that the supply of plastic single-use straws is to an organisation or individual that:

• is allowed to supply plastic single-use straws as set out in the exemption (and listed above), or
• needs them, due to a disability or other medical need (either their own or that of someone they are acting on behalf of).

This may involve undertaking relevant checks or having mechanisms in place, such as requiring a declaration or email confirmation before purchase. 

Consider whether any further inquiries or measures are necessary in the circumstances. For example:

• A factor that can affect what measures are necessary is the volume of straws requested: more inquiries are likely to be needed where an organisation places an order for a large volume of straws, when compared to where an individual places an order for a small volume of straws. A further inquiry that you could make where you receive an order for a large volume of straws is to review the organisation’s website to confirm the identity and purpose of the organisation.

If you are an online supplier of plastic single-use straws (e.g. an online marketplace), you may sell plastic single-use straws to individuals who require them due to disability or other medical need, or an individual or organisation acting on their behalf.

The EPA recommends that you undertake relevant checks or have mechanisms in place (e.g. requiring a declaration or email confirmation prior to purchase) to assure yourself that the supply of the plastic single-use straws is to a person as outlined in the dot point above.

If you are a manufacturer, producer or wholesaler (including, for example, a distributor) of plastic single-use straws and you sell the straws via an online platform, you are not considered an online supplier. Please instead refer to the guidance for manufacturers, producers and wholesalers.