Mandatory charge proposed on plastic takeaway containers

A mandatory charge on plastic-lined food takeaway boxes is being proposed as part of guidelines to cut down on single-use plastic.

Another proposal is to ban single-use plastics (SUPs) for food and beverages consumed on site.

The Environment and Resources Authority (ERA) has launched a public consultation on these guidelines, which aim to significantly reduce plastic pollution by SUPs.

The consultation is open until 25 July, inviting feedback from catering businesses and the public before the guidelines are finalised and enforced.

The guidelines apply to all catering establishments in Malta that prepare food on site and sell it to customers.

This broad category includes restaurants, cafés, bars, food trucks, event organisers, university and hospital canteens, and food delivery services. However, they do not apply to food services provided to in-patients at hospitals or care homes, which are excluded from the regulations. The intention is to cover the full spectrum of commercial food services where SUPs are typically used.

The guidelines which include a clear reference to future charges on SUPs are meant to advise businesses with regards to alternatives they can use. A  legal notice establishing charges on SUPs still has to be issued but the document clearly states that with regards to take away establishment “single-use plastic food containers and cups for beverages, whether filled at the point of sale or provided empty, cannot be given to customers free of charge”.

Moreover the document states that businesses have a responsibility "to inform customers about the charge for SUP food containers and cups for beverages if provided at the premise for takeaway consumption.”

But the guidelines specify that the legal mechanism to establish any future charges "have not yet come into effect”.  This means that the guidelines themselves do not establish any charges which can only be issued through a legal notice.

Dine-in ban

One of the most significant provisions in the draft guidelines is a complete ban on single-use plastic containers and cups for food and beverages served for consumption on site. This means that no catering establishment will be allowed to serve food or drinks in SUP packaging to customers dining on the premises. Instead, they must use reusable alternatives such as glassware, metal, or durable food-grade plastic containers that can be cleaned and reused multiple times.

The draft guidelines clearly state that no single-use plastic food containers or beverage cups may be used for dine-in service.

Takeaway containers: mandatory charging

For takeaway food and beverages, the guidelines require catering establishments to charge customers for all single-use plastic containers and cups.

This applies whether the container is filled at the point of sale or provided empty—for example, when customers request extra containers for leftovers or additional portions.

The fee for SUP takeaway items must be clearly itemised on fiscal receipts and may not be hidden or bundled with the general price of food or drinks.

Establishments must also inform customers of these charges at the point of sale, using clear signage in both Maltese and English. This transparency is intended to encourage consumers to shift towards reusable alternatives and reduce SUP consumption.

Materials subject to charges

The draft guidelines specify which materials are subject to mandatory charges. These include plastic containers and cups made wholly or partially of plastic, paper or cardboard containers and cups with plastic linings or coatings, and food containers and cups made of bioplastics such as polylactic acid (PLA), which, although plant-based, are chemically processed and degrade very slowly.

However, single-use materials without plastic coatings or linings—such as plain cardboard or aluminium—are exempt from charges and may still be provided to customers free of charge.

Bioplastics are treated in the same way as conventional single-use plastics due to their environmental impact and must therefore be charged accordingly.

Customer information and incentives

Catering establishments will be required to inform customers about the SUP charge and promote reusable alternatives. Clear posters or signage in both Maltese and English must be displayed, detailing the charges for SUP takeaway containers and cups, the availability of reusable alternatives, and any incentives offered for bringing personal reusable containers or cups.

Such incentives may include discounts, loyalty points, or other benefits designed to encourage sustainable behaviour. The guidelines aim to foster a culture of reuse and reduce reliance on disposable packaging.

Accepting reusable containers

The guidelines endorse a ‘Bring Your Own Container (BYOC)’ initiative, allowing customers to bring their own reusable containers to catering establishments—subject to strict hygiene and safety protocols.

Staff must wash their hands and wear gloves before handling any reusable containers. Customers are required to place their containers on designated hygiene trays to avoid cross-contamination.

Acceptable containers include those made of plastic, glass, or metal, provided they meet the food-grade standards defined under European Commission Regulation EC 1935/2006. Containers must be clean, durable, and free from damage such as cracks, chips, stains, strong odours, mould, or mildew. Lids must be removed by the customer before filling.

If contamination is visible, the establishment should refuse to fill the container and instead provide a clean, uncontaminated one for takeaway. Containers must have smooth, easily cleaned surfaces and be appropriately sized to prevent spillage.

Larger containers may require staff approval to ensure safe handling, while very small containers may result in smaller portion sizes, subject to the customer’s agreement.

Banned materials

Certain materials are already banned in Malta and may not be used or distributed. Expanded polystyrene (commonly referred to locally as jablo) and oxo-degradable food containers and cups have been prohibited since January 2021. Catering establishments must comply with this ban and ensure they do not offer or supply these items.

Read the full document below: