How to apply the rules for disposable plastic cups and containers
There are rules for disposable plastic cups and containers. For example, when serving food and drink to take away, you must provide an alternative to disposable plastic cups and containers. There are also rules that are changing, such as the plastic surcharge. Find out more about which rules apply to 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:
- Rules for consuming when on the go
- Rules for consumption at your location
The measures on this page are part of a larger package of measures against disposable plastic.
Why are there rules for disposable plastic cups and containers?
More and more plastic waste is ending up in the environment, such as in the sea (plastic soup). European Union countries are taking measures to reduce it.
Which products do these rules apply to?
- For all plastic cups and containers intended for single use only.
- For cups and containers that are only partly made of plastic, such as cardboard coffee cups with a plastic protective coating.
- For disposable cups and containers made of biodegradable plastic or plastic derived from renewable raw materials (bioplastics). This is because bioplastics are just as harmful to the environment as other plastics.
- containers from which food can be eaten directly without further preparation.For example:
- a plastic chip tray or containers for ready-to-eat salads
- containers for portion-sized packs, such as nuts, vegetables and dairy products
Takeaway and delivery: reuse or pay
Under the current rules, you may not give away single-use plastic cups and containers to your customers free of charge. In practice, however, the Human Environment and Transport Inspectorate (ILT) no longer checks this. You must, however, offer your customers alternative packaging. Such as:
- 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.
You can let your customers know that they can bring their own cup or food container. Or that you offer a reusable alternative.
The government has produced special posters for items such as coffee, chips or milkshakes. This way, you can let your customers know what the rules are.
Read more and download the posters (in Dutch)
If you do want to charge extra, you are free to set your own price for a cup or container. The government provides the following amounts as a guideline:
- €0.25 for cups
- €0.50 for a meal (this may consist of several containers)
- €0.05 for pre-packaged fruit, vegetables, nuts, and portion packs)
You can use the money to invest in reusable cups or containers.
You must pay VAT on the selling price of disposable cups and containers. The VAT tariff depends on the product contained in the packaging.
- For coffee and soft drinks, the VAT rate is 9%.
- For alcoholic drinks, the VAT rate is 21%.
You must list the amount for the plastic cups and containers separately on the receipt.
No disposable plastics for food and drinks served on site
Do you have a location where your customers consume food or drink immediately? For example, a staff canteen, an office, a restaurant or snack bar, or a a festival? If so, serve food and drink in 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 into cups or containers. 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% in 2027.
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.
Are there any plastic cups in your rubbish that have been brought in from outside? During an inspection, the inspector does not look at what is in the bin, but at what you provide to customers or visitors.
You sell food to go, delivery, as well as on location
You must ask your customers if they want to take out the food, or consume it on site.
- If they want to eat or drink on site, you must provide reusable cups, plates, or containers.
- If the customer wants food or drinks to go, you must offer them a reusable alternative.
Who is responsible for enforcement?
The Human Environment and Transport Inspectorate (ILT) checks whether you are complying with the rules on single-use plastics.
In the event of a violation of the rules, you may receive a warning.
If you continue to violate the rules, you will be required to take action to rectify the situation within a specified period.
If you fail to do so on time, you will have to pay a fine.