DRAFT
Swedish Code of Statutes

Ordinance on single-use products

Issued

The Swedish Government hereby lays down the following.

§ 1    This Ordinance is issued by virtue of

– Chapter 15, § 40 of the Environmental Code with respect to §§ 13-30,

– Chapter 8, § 11 of the Instrument of Government with respect to § 35, and

– Chapter 8, § 7 of the Instrument of Government with respect to other provisions.

Purpose of the Ordinance

§ 2    The purpose of this Ordinance is to reduce littering and promote a circular economy.
Section 1    The purpose of this Ordinance is to reduce littering and promote a circular economy.

This Ordinance is issued by virtue of

– Chapter 15, Section 40 of the Environmental Code with respect to Sections 12–23 and 25–28,

– Chapter 8, Section 11 of the Instrument of Government with respect to Section 34, and

– Chapter 8, Section 7 of the Instrument of Government with respect to other provisions.

Additional provisions in other ordinances

Section 2    Further provisions on single-use devices can be found in:

– The Chemical Products (Handling, Import and Export Prohibitions) Ordinance (1998:944),

– Ordinance (2005:220) on return systems for plastic bottles and metal cans,

– Ordinance (2018:1462) on producer responsibility for packaging,

– Regulation (2021:000) on producer responsibility for certain tobacco products

and filters,

– Ordinance (2021:000) on producer responsibility for balloons,

– Ordinance (2021:000) on producer responsibility for wet wipes, and

– Ordinance (2021:000) on litter charges.

Definitions

§ 3    In this Ordinance, polymer has the meaning defined in Article 3.5 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the registration, evaluation, authorisation and restriction of chemicals (Reach), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC.

§ 4    In this Ordinance, plastic means a polymer that can function as a main structural component of final products, regardless of whether additives or other substances have been added to the polymer.
Section 3    In this Ordinance, polymer has the meaning defined in Article 3.5 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the registration, evaluation, authorisation and restriction of chemicals (Reach), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94

as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC.

Section 4    In this Ordinance, plastic means a polymer that can function as a main structural component of final products, regardless of whether additives or other substances have been added to the polymer.

Plastic does not mean a polymer occurring naturally in the environment that has not been chemically modified.

§ 5    In this Ordinance
Section 5    In this Ordinance

provide on the Swedish market: means to make a product available for distribution, consumption or use on the Swedish market in return for payment or free of charge in a professional capacity, and

place on the Swedish market: means to provide a product on the Swedish market for the first time.

§ 6    In this Ordinance
Section 6    In this Ordinance

single-use product means a product that is not conceived, designed or placed on the Swedish market to accomplish, within its life span, multiple trips or rotations by being reused for the same purpose for which it was conceived or by being returned to a producer for refill, and

single-use plastic product: means a single-use product that is made wholly or partly from plastic.

§ 7    In this Ordinance

cup: means a glass, cup or mug, with or without a lid, intended for cold or hot beverages that are usually drunk directly from the cup,
Section 7    In this Ordinance

cup: means a glass, cup or mug, with or without a lid, intended for cold or hot beverages that are usually drunk directly from the vessel,

single-use cup: means a cup that is a single-use product, and


4. is not a cup.

§ 8    In this Ordinance
Section 8    In this Ordinance

food: means foods that are not beverages,

fast food: means food which

1. is intended to be eaten directly or in close proximity to the sale,

2. is eaten at the point of sale or elsewhere,

3. is intended to be eaten out of the packaging, and

4. is ready to be eaten without further cooking, heating or other preparation performed by the consumer,
1. is intended to be eaten directly at the site of sale or to be taken to be eaten shortly afterwards at another place,

2. is intended to be eaten out of the packaging, and

3. is ready to be eaten without further cooking, heating or other preparation performed by the consumer,

food box: means packaging, with or without a lid, which


single-use food box: means a food box that is a single-use product.

§ 9    In this Ordinance, cycle of reuse means the journey that a reusable cup or food box takes from being provided on the Swedish market together with the beverage or food it is intended to contain, protect, deliver or present, until being submitted to a system for the reuse of cups or food boxes for fast food for the purpose of being provided again on the Swedish market together with the beverage or food it is intended for.

§ 10    Words and expressions in this Ordinance otherwise have the same meaning as in Chapter 15 of the Environmental Code.

§ 11    The placing on the Swedish market of single-use cups containing more than 15 per cent plastic is prohibited.

§ 12    The Swedish Environmental Protection Agency may issue regulations on exemptions from the prohibition in § 15 if there are special reasons for placing single-use cups on the Swedish market.
Section 9    In this Ordinance, cycle of reuse means the journey that a reusable cup or food box takes from being provided on the Swedish market together with the beverage or food it is intended to contain, protect, deliver or present, until being submitted to a system for the reuse of cups or food

boxes for fast food for the purpose of being provided again on the Swedish market together with the beverage or food it is intended for.

Section 10    In this Ordinance

carrier bag: a bag provided to enable consumers to pack and carry goods from the place where the goods are supplied and which are not intended for permanent use,

plastic carrier bag: a plastic carrier bag, and

lightweight plastic carrier bag: a plastic carrier bag with a wall thinner than 50 microns.

Section 11    Words and expressions in this Ordinance otherwise have the same meaning as in Chapter 15 of the Environmental Code.

Ban on placing certain single-use plastic products on the Swedish market

Section 12    Placing the following single-use plastic products on the Swedish market is banned:

1. cotton buds (tops),

2. beverage containers containing expanded polystyrene,

3. single-use cups and single-use food boxes containing expanded polystyrene,

4. forks, knives, spoons, chopsticks and other cutlery,

5. corks and lids containing expanded polystyrene and used for

a) single-use food boxes,

b) beverage containers, or

c) single-use cups,

6. stirrers for beverages,

7. sticks to be attached to and support balloons,

8. straws, and

9. plates.

Section 13    The prohibitions in Section 12(1) and (8) shall not apply to cotton swabs and straws covered by the provisions on medical devices in Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC.

The prohibition in Section 12(7) shall not apply to sticks that are intended for industrial or other professional use and which are not distributed to consumers.

Section 14    The placing on the Swedish market of single-use cups containing more than 15 per cent plastic is prohibited.

Section 15    The Swedish Environmental Protection Agency may issue regulations on exemptions from the prohibition in Section 14, if there are special reasons for placing single-use cups on the Swedish market.

Ban on the use of confetti

§ 13    Confetti containing plastic may not be used outdoors.
Section 16    Confetti containing plastic may not be used outdoors.

Requirement to offer the product being served in reusable cups and food boxes

§ 14    Anyone who provides beverages on the Swedish market in single-use cups must
Section 17    Anyone who provides beverages on the Swedish market in single-use cups shall

1. offer the possibility of having the beverage served in a reusable cup, and


The reusable cup must be provided by the provider of the beverage regardless of whether the beverage is to be taken away or drunk at the point of sale.

§ 15    Anyone who provides fast food on the Swedish market in single-use food boxes must
Section 18    Anyone who provides fast food on the Swedish market in single-use food boxes shall

1. offer the possibility of having the fast food served in a reusable food box, and


The reusable food box must be provided by the provider of the food regardless of whether the food is to be taken away or eaten at the point of sale.

§ 16    Anyone who provides a reusable cup or food box pursuant to § 14 or 15 shall choose a cup or food box that has as little negative effect as possible on human health and the environment.

§ 17    Anyone who provides on the Swedish market beverages in single-use cups or fast food in single-use food boxes must inform consumers about
Section 19    Anyone who provides a reusable cup or food box pursuant to Section 17 or 18 shall choose a cup or food box that has as little negative effect as possible on human health and the environment.

Section 20    Anyone who provides on the Swedish market beverages in single-use cups or fast food in single-use food boxes shall inform consumers at the place of sale about