New SUP guidelines as of July 2023 and January 2024: On-site consumption vs. takeaway consumption

The SUP guidelines are aimed at reducing the use of cups and food packaging that contain plastic, thereby helping to combat litter. In addition, the Ministry wants to increase public awareness. On July 3, 2021, the first measures of the SUP (Single Use Plastics) legislation came into effect. At that time, a ban was introduced on the sale of various plastic disposable products, including plastic plates, cutlery, stirrers, and straws.

These measures were only the beginning of the SUP legislation, which has been divided into phases. Starting from July 2023 and January 2024, new guidelines will be added. The new measures apply only to products made entirely or partly of plastic. For example, cardboard coffee cups also fall under this category because they always contain a thin plastic coating.

The rules affect not only the producers and suppliers of packaging but also the buyers and end users. In this overview, we take a closer look at the measures that impact the buyers of these products (such as hospitality entrepreneurs) and the end users.

Legislation for disposable products

The new measures apply only to single-use products. For cups and food packaging containing plastic that are suitable for reuse, nothing will change. It is important to distinguish between single-use and reuse. The product must actually be reused by the end user, and not simply be labeled as “reusable” by the provider.

When is packaging reusable?

We make things that work better and last longer. Our products solve real problems with clean design and honest materials.

There are a few indicators to keep in mind. For example, reusable packaging must be able to be cleaned, washed, or repaired while retaining its ability to be used again for its original purpose. In addition, the packaging must be able to be emptied without being damaged. It should also be designed to go through multiple cycles during its lifespan.

On-site consumption vs. consumption to-go

For the new measures in the Netherlands, the Ministry makes a distinction between consumption to-go and on-site consumption. Unsure which situation applies to you? Check the overview here (only available in Dutch)

Consumption on the go

For takeout and delivery, not much will change. There will be no ban on products containing plastic, but as of July 2023, they may no longer be given to consumers for free. Similar to plastic bags, providers will need to charge a small (self-determined) fee. In addition, reusable alternatives or packaging brought by the consumer can also be used.

What is going to change?

Starting from July 2023, you are expected to:

  • Offer a reusable alternative
  • Allow consumers to bring their own packaging
  • Charge a small fee when providinf plastic-containing packaging

The non-binding guideline amounts for this are:

€0.25 for a cup
€0.50 for a meal (which may consist of multiple containers)

On-site consumption

For on-site consumption, a ban on the use of food packaging and cups containing plastic will take effect from January 2024, unless they are suitable for high-quality recycling. Examples of “on-site” include dining and drinking establishments, offices, cinemas, and similar venues. As a result, these places will need to choose between switching to reusable alternatives, plastic-free packaging, or packaging that can be recycled at a high standard.

What is going to change?

Starting from January 2024, you are expected to choose one or more of the following options:

  • Switch to disposable packaging without plastic
  • Use reusable alternatives
  • Use high-quality recyclable alternatives

High-quality recycling

For on-site consumption, companies may also choose to continue using disposable cups and food packaging that contain plastic, provided they collect a large portion of them for high-quality recycling. In high-quality recycling, the waste is collected and processed, after which it must return as food-contact material. The percentage that must be demonstrably collected will increase each year.

Exceptions

For healthcare institutions and prisons, an exception is made to the above-mentioned measures. The reason is that, due to cross-contamination, hygiene, and safety, the use of disposable cups and food packaging is usually unavoidable in these settings. However, public areas within healthcare institutions, such as public restaurants, are still subject to the measures.

Plastic-free alternatives

Fortunately, there are plenty of alternatives on the market that are completely plastic-free. Do you still want to use disposable packaging without having to charge a fee or collect them for high-quality recycling? Replace your plastic-containing packaging with alternatives that contain no plastic.

Plastic-free disposables