We've heard your concerns about how South Australia's single-use plastic ban might affect our prefilled communion cups. Good news! We're thrilled to share that our products are exempt from this ban. Let's break it down for you.
1. Quick Summary
Whole In One Communion's prefilled cups are considered as packaged food products.
The SA legislation focuses on specific single-use items, not general food packaging.
Our products are not considered to be a Prohibited Plastic Product.
Bottom line: Our prefilled communion cups are not subject to the SA plastic ban.
Now, let's dive into the details…
2. Relevant Legislation and Regulations
The primary legislation and regulations governing the single-use plastic bans in South Australia are:
- Single-use and Other Plastic Products (Waste Avoidance) Act 2020 (SA) ('the Act')
- Single-use and Other Plastic Products (Waste Avoidance) Regulations 2021 (SA) ('the Regulations')
- Single-use and Other Plastic Products (Waste Avoidance) (Prohibited Plastic Products) Amendment Regulations 2024 ('the 2024 Amendment')
3. Key Definitions and Exemptions
3.1 Interpretation of 'Prohibited Plastic Product'
The definition of 'prohibited plastic product' has been expanded by the 2024 Amendment. The updated list now includes:
(a) a single-use plastic drinking straw; (b) single-use plastic cutlery; (c) a single-use plastic beverage stirrer; (d) an expanded polystyrene cup; (e) an expanded polystyrene bowl; (f) an expanded polystyrene plate; (g) an expanded polystyrene clamshell container; (h) a plastic pizza saver; (i) a plastic-stemmed cotton bud; (j) a single-use plastic bowl; (k) a single-use plastic plate; (l) a plastic shopping bag; (m) a plastic barrier bag; (n) a single-use plastic beverage cup; (o) a single-use plastic beverage cup lid; (p) a single-use plastic beverage plug; (q) an expanded polystyrene food tray; (r) an expanded polystyrene food or beverage container; (s) a prescribed food container; (t) a prescribed food container lid; (u) plastic confetti; (v) a plastic balloon stick; (w) a plastic balloon tie; (x) a single-use plastic food bag tag; (y) a plastic produce sticker; (z) a pre-filled soy sauce container.
Our opinion: Whole In One Communion's prefilled communion cups are NOT considered to fall under this definition of Prohibited Plastic Product.
3.2 Definition of Relevant Food or Beverage Product
The 2024 Amendment provides an updated definition for "relevant food or beverage product":
"relevant food or beverage product means a food or beverage product that is pre-packaged as a single-serve prior to its sale, supply or distribution to a retailer for retail sale or supply and is ready for— (a) immediate consumption; or (b) consumption after cooling or heating the food or beverage;" [1]
Our opinion: Whole In One Communion's prefilled communion cups are considered to fall under this definition of Relevant Food or Beverage Product.
3.3 Exclusions from Prohibited Plastic Products
The Act defines prohibited plastic products but allows for exclusions to be specified in the Regulations:
"For the purposes of this Act, prohibited plastic product means the following plastic products: [...] but does not include a product, or product of a class, excluded from the ambit of this definition by the regulations." [2]
Our opinion: Whole In One Communion's prefilled communion cups are NOT considered as Prohibited Plastic Product, hence does not rely on Exclusions under the Regulations as amended.
3.4 Specific Exemptions for Relevant Food or Beverage Products
The Regulations, as amended in 2024, provide specific exemptions for certain items that are part of relevant food or beverage products. Regulation 4 (which will be repealed as of September 1, 2025) states:
"Pursuant to section 6(1) of the Act, the following products, or products of a class, are excluded from the ambit of the definition of prohibited plastic product: (a) single-use plastic drinking straws or single-use plastic cutlery that form an integral part of a relevant food or beverage product (whether attached to or contained in the product) to enable or assist with consumption of the food or beverage;" [3]
Our opinion: Whole In One Communion's prefilled communion cups are NOT considered as Prohibited Plastic Product, hence does not rely on Exemptions under the Regulations as amended.
3.5 Examples of packaged food not included in the ban
The following list is obtained from the FAQ section of Government of South Australia's Replace The Waste website. (https://www.replacethewaste.sa.gov.au/guideline-beverage-containers).
It appears that there is a distinction between packaged food products compared to the Prohibited Plastic Products. Packaged food products require necessary plastic packaging for containing and preserving the food contents until consumption, whereas, Prohibited Plastic Products focuses instead on specific single-use items within the "ready-to-eat food" context, and other avoidable waste.
- Pre-packaged ice cream, frozen yoghurt, frozen dessert, sorbet, gelato, frozen puddings in multiple or single serves
- Pre-packaged products, including:
- yoghurt (including dairy-free yoghurt) with or without muesli/fruit mix/biscuit in multiple or single serves (noting that attached cutlery will be banned from 1 September 2025)
- desserts, like mousse, crème caramel, custard, rice pudding, pannacotta, sundae, dessert sauce, cheesecake, tiramisu, jelly and sponge puddings
- confectionery
- cream, sour cream, crème fraiche
- butter, margarine and spreads (including dairy-free spreads) in multiple or single serves
- jams, conserves, jellies, nut butters, Vegemite and other spreads in multiple or single serves
- pate, terrine and fruit pastes
- cheese, cheese slices and cheese spreads (with or without crackers) in multiple or single serves
- dips and spreads including pesto (with or without crackers) in multiple or single serves
- tofu and tempeh
- soup which is sold cold and requires cooking or heating
- ready meals sold cold, chilled or frozen and require cooking or heating
- punnets of fruit, like berries, tomatoes, baby cucumbers, grapes, cherries, dates
- fruit and nut mixes
- fresh pasta and fresh pasta sauce
- dried meals in a container that require hot water and/or cooking (like Mac’n’Cheese, instant noodles) noting that pre-packaged EPS cups will be banned from 1 September 2025
- cooked rice, quinoa
- potato mash
- pre-prepared fruit and vegetables, like sliced mushrooms, diced pumpkin and sweet potato, cauliflower rice, melon pieces, pineapple cubes/slices, fruit salad, bean sprouts
- pre-packed deli meats.
- Pre-packaged bakery products, including:
- croissants requiring cooking/heating
- bread
- bread roll multipacks
- cakes, sponges, donuts, loafs, muffin bars, lamingtons, brownies and sponge rolls in multiple serves
- waffles.
Our opinion: Whole In One Communion's prefilled communion cups would fall under a similar classification of these packaged food products.
4. Conclusion
The legislation appears to focus on banning particular single-use items rather than packaging used in packaged food in general.
With the analysis above, we draw the conclusion that Whole In One Communion's prefilled communion cups are exempt from the single-use plastic bans in South Australia for the following reasons:
- Do not fall under the definition of "Prohibited Plastic Product" in the Act and the Regulations as amended
- Do not fall under the definition of "Ready-To-Eat Food" of the Regulations as amended
- Is considered to be a packaged food product, i.e. not containers
5. What This Means for You
We're happy to confirm that based on our analysis of current legislation and regulations, Whole In One Communion's prefilled communion cups are not subject to the single-use plastic ban in South Australia. This means you can continue using our products with confidence, focusing on what really matters - your ministry and community.
Remember, though, that laws can change. We're committed to staying on top of any updates and keeping you informed. If you ever have questions, we're just a phone call or email away.
6. Legal Disclaimer
This report is provided for informational purposes only and does not constitute legal advice. While every effort has been made to ensure the accuracy and completeness of the information presented, this report should not be construed as professional legal counsel.
The interpretation of laws and regulations can be complex and may change over time. Additionally, the application of laws can vary based on specific circumstances not fully addressed in this general analysis.
The authors and providers of this report disclaim any liability, loss, or risk incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this report.
This disclaimer forms an integral part of the report and should be read and understood in conjunction with the full content.
References
[1] Single-use and Other Plastic Products (Waste Avoidance) Regulations 2021 (SA) reg 3.
[2] Single-use and Other Plastic Products (Waste Avoidance) Act 2020 (SA) s 6(1).
[3] Single-use and Other Plastic Products (Waste Avoidance) Regulations 2021 (SA) reg 4