The Ban of Plastics in Canada: What it Means for Food Value Chain Manufacturers

In June 2022, the Minister of Environment released the long- anticipated Single-use Plastics Prohibition Regulations: SOR/2022-138 pursuant to subsection 93(1) of the Canadian Environmental Protection Act, 1999. These regulations prohibit the manufacture, import, and sale of certain single-use plastics in Canada: straws (with some exceptions), checkout bags, ring carriers, certain foodservice ware, cutlery, and stir sticks. As of this December, the manufacturing and importation of single-use plastics will be prohibited, and in December of 2023, the sale of single-use plastics will be prohibited. This will affect manufacturers in the food value chain, who currently manufacture single-use plastic products, import single-use plastic products, or use single-use plastic products in the sale of goods.

Single-use plastic items not listed in the six categories identified above are exempt from the regulations; this would include garbage bags and containers used to import food. Various exceptions also exist for plastic straws; for example, flexible straws packaged with juice boxes can be sold until 2024 and other flexible and bendable straws will be restricted, rather than banned, because of their use in healthcare settings. Items that are in transit through Canada from a place outside of Canada are also exempt from the regulations.

Manufacturers hoping to import their products into Canada may be wondering whether, and how, the regulations apply to them. If you manufacture pre-packaged food, or utilize food packaging for transportation, the regulations will not apply unless you use one of the prohibited single-use plastics. Further, if you plan to use Canada as a transit route for your plastic products, the regulations will not apply.

However, if you manufacture, import, or sell any of the six prohibited items, the regulations should be reviewed carefully, as they may apply. For stakeholders that wholesale foodservice packaging to restaurants, the prohibited category of “foodservice ware” may warrant review. This category includes clamshell containers, lidded containers, cartons, cups, plates, and bowls for serving or transporting prepared food or beverages ready for consumption. These single-use plastic products will be prohibited for sale as of December, 2023.

Most food manufactures will not be impacted by the narrow list of prohibited single-use plastics currently included in the regulations. Despite this, if you are a manufacturer who uses single-use plastics in any capacity (even if they will not be prohibited) it may be wise to turn your attention to non-plastic alternatives. This forward-looking approach could be beneficial if other plastics are eventually added to the regulations.  

For American manufacturers, the importation of certain items into Canada may require a change in processes. This can be an expensive and time-consuming undertaking. Yet it may also be a welcome step for a corporation’s long-term success.

As jurisdictions across the world move towards reducing plastic and enacting plastic bans, those in the Canadian, food value chain would be wise to implement measures now, which align with green consumerism, to engage a competitive advantage. Although the Canadian regulations are the first, federal prohibition of their kind in North America, the United States currently has a patchwork of single-use plastic regulations. In June, the US Interior Department announced a plan to phase out single-use plastic products in national parks and other public lands in the next decade. And despite the lack of a federal regulation, various states and municipalities have passed similar single-use prohibitions across the United States. California recently passed a sweeping law to reduce single-use plastic by 2032 and nine states, including New York, New Jersey, and Washington, have already enacted prohibitions on single-use plastic grocery bags. Some of these states have also created bans on cutlery and foodservice ware, and several municipalities have restricted the use of grocery bags and straws.

Financially, it may also benefit manufacturers, as consumers increasingly value corporations interested in decreasing our carbon footprint, engaging in sustainability, and attempting to reduce plastic waste by meeting or surpassing existing standards. Green consumerism is growing in popularity.

Ultimately, these new regulations will not affect the majority of business practices for most manufacturers in the food value chain, but they do signal a greater shift towards single-use plastic reduction, which should encourage all businesses’ to consider plastic alternatives for their products.

If you are a manufacturer in the food value chain, and require advice regarding the new single-use plastics regulations, please do not hesitate to contact us at info@gsjameson.com.

For more information on the Single-use Plastics Prohibition Regulations, visit the Government of Canada’s Fact Sheet here.