How to apply the rules for disposable plastic cups and containers
You may not provide free disposable plastic cups and single-use food containers for takeaways or deliveries. You must also offer a reusable cup or contatiner as an alternative. Read about how to apply the rules in your situation.
To whom do the rules for single-use plastics apply?
Do you have a catering business, canteen, food truck, office, or shop selling to-go products? If so, you must follow the rules on disposable plastic cups and containers. The rules apply in 2 situations:
- You are not allowed to give free disposable plastic cups and containers to customers when they collect or have food or drinks delivered. Your customers must pay extra for them. And you must offer a reusable cup or container. Or the customer may bring one themselves.
- Do your customers eat and drink on your premises? If so, you are not allowed to use disposable plastic cups and food packaging.
The measures on this page are part of a larger package of measures against disposable plastic.
Which products do these rules apply to?
- Cups: The rules apply to all plastic cups intended for single use. It includes cups partially made of plastic. For example, paper coffee cups with a plastic protection layer.
- Containers: Food packaging from which the food can be eaten directly, without further preparation of the food. The container is (partly) made of plastic and is meant to be used only once. For example: a plastic container for fries or salad, or portion packs for nuts, vegetables, or dairy products. It does not include bags or wrappers. For example, a bag to put fries in, or a sandwich wrapper.
- Carrier bags: Free single-use plastic carrier bags have been banned since 2016. There are some situations in which you are allowed to give a thin plastic bag, for example to protect unwrapped foodstuffs.
Do I have to charge my customers for single-use plastics?
If you use single-use cups or containers for serving food and drink to your customers, you have to charge for them. You also have to offer alternative packaging. Possible alternatives are:
- Bring-your-own, cups or containers brought by your customer;
- A deposit on your plastic cups, containers, or packaging. When your customer returns the packaging, they are given back their deposit;
- A returns system of your own devising.
Inform your customers
You have to inform your customers that bringing their own cup or food container is an option. Or that you offer an alternative that can be returned.
How much do I charge my customers for single-use cups and containers?
You decide how much to charge your customers for a cup or container. The government advises these prices:
- €0.25 for cups;
- €0.50 for a meal ( this may consist of several containers);
- €0.05 for pre-packed fruits, vegetables, nuts, and portion packs.
Do I have to pay VAT on the price I charge my customers?
You have to pay VAT on the sales price of the cups and containers. The VAT tariff depends on the product in the packaging. For example, the VAT rate for coffee and soft drinks is 9%. The 21% rate applies to alcholic drinks.
Put the amount paid for plastic cups and containers on the receipt separately .
No disposable plastics for food and drinks served on location
You are not allowed to offer your customers single-use plastic cups and containers for food and drink to be consumed on location. For example, in the company restaurant, in the office, in a restaurant or snack bar, or at a festival. You must use reusable cups and containers.
Exceptions for disposable plastics on location
There are a few exceptions to the rules.
You are allowed to use single-use plastic products if they can be recycled for food packaging purposes. At the moment, this only goes for cups or food packaging made of PET (polyethylene terephthalate). You must notify the Human Environment and Transport Inspectorate (Inspectie Leefomgeving en Transport, ILT) if you want to make use of this option. A condition is that you collect the materials for high-grade recycling yourself. The minimum percentage you must collect will increase annually from 75% in 2024 to 90% in2027.
Care homes and secured institutions are still allowed to use single-use cups and containers. This is necessary to comply with hygiene and safety regulations. This exception only applies to areas where patients are cared for. The ban still applies in public areas of these institutions.
Some municipalities have stricter rules for events. These can be found in their APV (General Municipal By-Law). For example, the APV may state that you must provide reusable cups. If so, the exception for businesses that collect single-use plastics for high-grade recycling does not apply to you. There may also be provisions about the reuse of cups in your event or market licence.
What rules apply if I sell food to go as well as on location?
You must ask your customers if they want to take out the food, or consume it on the premises.
- If they want to eat or drink on location, you must provide reusable cups, plates, or containers.
- If the customer wants food or drinks to go, you must offer them a reusable alternative. The customer can then decide: a reusable alternative, or pay extra for a single-use plastic cup or container.