Plastic adhesives exemption guidance

Find out more about the exemption and what it means for businesses.

The Plastic Adhesives Exemption 2024 (Plastic Adhesives Exemption) is made under the Plastic Reduction and Circular Economy Act 2021 (PRCE Act).

What is banned and exempt

From 1 November 2022, it became an offence under the PRCE Act to supply a range of single-use plastic items into or within NSW while carrying on a business.

The PRCE Act defines plastic items as those ‘comprised, in whole or in part, of plastic’. As such, if a regulated item contains any amount of plastic, it is considered a plastic item. The PRCE Act also contains a definition of single-use.

The EPA has granted an exemption for the supply of single-use plastic items where the item contains plastic adhesive that is permitted under the exemption, does not otherwise contain any other plastic, and there is no suitable alternative that can be used in place of the plastic adhesive. The exemption commences on 1 November 2024.

Manufacturers

From 1 November 2024, manufacturers will not contravene the PRCE Act if they supply, within or into NSW, single-use plastic items that contain plastic adhesive to the minimum extent necessary to adhere otherwise detached materials or layers of materials if:

• the adhesive is only used between detached materials or layers of material,
• the adhesive is not used for decorative purposes,
• the item supplied does not contain any plastic except for the permitted plastic adhesive, and
• there is no adhesive-free alternative to using plastic adhesive in the item supplied.

For example, the following applications of plastic adhesives are permitted under the PRCE Act:

• plastic adhesive used only to affix cotton to the end of a non-plastic cotton bud stick to ensure the cotton does not come off when a person is using it
• plastic adhesive used only to adhere the paper layers within a paper straw for the consumption of liquids
• plastic adhesive used to adhere paper handles to paper bags.

It is your responsibility as a manufacturer to ensure you comply with the terms set out in the Plastic Adhesives Exemption.

Suppliers

Businesses are permitted to supply single-use plastic items if the items comply with the terms and conditions set out in the Plastic Adhesives Exemption.

It is your responsibility as a supplier to ensure any single-use plastic items supplied comply with the Plastic Adhesives Exemption or are otherwise allowed to be supplied under the PRCE Act, such as if the items comply with a different exemption granted under the PRCE Act.

If you are unsure whether an item contains permitted plastic adhesive, check with your supplier. You could consider asking various questions, such as: 

• Can you confirm in writing that the item only contains minimal amounts of plastic adhesive?
• Can you confirm in writing the item does not use plastic adhesive used as a coating or lining on the item?
• Can you confirm in writing the item does not contain plastic adhesive used for decorative purposes?
• Can you confirm in writing the item contains plastic adhesives only used between detached materials or layers of material rather than on external surfaces?
• Can you confirm in writing there is no adhesive-free alternative to using plastic adhesive in the supplied item?
• Can you confirm in writing the item does not contain any other plastic besides the permitted plastic adhesive?

If uncertainty remains, we recommend you take precautions when ordering and supplying these items.

More information