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# Hong Kong Product Eco-Responsibility Ordinance: Single-Use Plastics Phase 1 and Phase 2

Hong Kong's plastics ban is live — Phase 1 has been in force since April 2024, and Phase 2 is coming for the retail sector. For electronics and consumer goods companies, the question isn't whether this affects your packaging — it almost certainly does — but whether your supply chain and procurement teams know about it in time to switch materials before EPD inspectors arrive.

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At a glance

Phase 1 date

22 April 2024

Enforced by

Environmental Protection Department

Fixed penalty

HKD $2,000 per offence

EPR levy range

HKD $15–165 per regulated device

## Key provisions of the Plastic Regulation and EPR scheme

### Product Eco-Responsibility (Amendment) Ordinance 2023 — the legislative framework

Hong Kong's phased single-use plastics ban is implemented through amendments to the Product Eco-Responsibility Ordinance (Cap. 603), colloquially known as the Plastic Regulation. The Environmental Protection Department (EPD) is the designated enforcement authority. Phase 1 commenced on 22 April 2024, targeting single-use plastic tableware and food service items in food businesses. Phase 2 extends restrictions to a broader range of plastic products and packaging types, affecting the retail sector more directly — including consumer goods sellers and electronics distributors. The ordinance follows a phased approach deliberately designed to allow industries time to transition supply chains and find compliant alternative materials, though EPD has made clear that the phasing schedule is not optional and enforcement began from day one of each phase.

### Phase 1 restrictions — what is banned from April 2024

Phase 1 of the Plastic Regulation, effective 22 April 2024, prohibits food businesses from providing customers with a prescribed list of single-use plastic items: expanded polystyrene (EPS) food containers, plates, bowls, and cups; plastic cutlery (knives, forks, spoons, chopsticks, stirrers); plastic straws; cotton bud sticks with plastic shafts; and any items made from oxo-degradable plastics. Electronics retailers that operate on-site café or food service areas — increasingly common in concept stores — are captured as food businesses for those activities and must comply with Phase 1 for their food service operations. The Environmental Protection Department issues fixed penalty notices of HKD $2,000 for first offences, and EPD inspectors have been active in the food and beverage sector since Phase 1 commencement.

### Phase 2 and the retail sector — what electronics sellers need to watch

Phase 2 of the Plastic Regulation extends beyond food businesses to cover retail more broadly, introducing restrictions on additional categories of plastic products including plastic shopping bags, single-use packaging films, and further SUP items not covered in Phase 1. For consumer electronics importers and retailers, Phase 2 is the more commercially significant phase: certain plastic protective films, poly bags used for product packaging, and EPS cushion foam used in electronics packaging may fall within the Phase 2 restricted products list depending on the final scope confirmed by EPD. The implementation date and exact product scope for Phase 2 are subject to finalisation through EPD's consultation process — businesses should subscribe to EPD's regulatory update channels and engage their Hong Kong trade associations for sector-specific guidance ahead of the Phase 2 commencement date.

### Exemption criteria — compostable and certified alternative materials

Products and packaging materials made from certified compostable, biodegradable, or recyclable materials may qualify for exemption from the Plastic Regulation restrictions — but only where the material meets the specific standards accepted by EPD. For compostable claims, EPD accepts certification against internationally recognised standards including AS 4736 (Australian), EN 13432 (European), and ASTM D6400 (US). EPD has been explicit that generic 'biodegradable' labelling without third-party certification against an accepted standard does not qualify for exemption — a position designed to prevent greenwashing by suppliers switching to unverified degradable plastics. Electronics companies sourcing alternative packaging materials for the Hong Kong market must verify the actual certification standard held by the material supplier and confirm its presence on EPD's accepted standards list before making product or packaging claims.

### Extended producer responsibility for regulated electrical equipment

Separately from the single-use plastics restrictions, the Product Eco-Responsibility Ordinance (Cap. 603) implements an extended producer responsibility (EPR) scheme for four categories of regulated electrical equipment (REE): air conditioners, refrigerators, washing machines, and televisions. Suppliers — including importers — of these REE categories must register with the EPR scheme administrator and collect a recycling levy at point of sale ranging from HKD $15 to HKD $165 per unit, depending on the product category. The levy funds the mandated take-back and recycling scheme, and registered EPR scheme notices must be displayed prominently at retail point of sale. Electronics retailers selling REE categories must ensure their registration with the EPR administrator is current and that levy collection and remittance processes comply with the Cap. 603 scheme requirements.

### EPD enforcement — penalties and inspection regime

The Environmental Protection Department enforces the Plastic Regulation through inspections of food establishments and registered retail businesses. Phase 1 enforcement has been active, with fixed penalty notices of HKD $2,000 issued per offence at the premises level. Persistent or serious violations can be prosecuted through the Magistrates' Courts, where fines can reach HKD $100,000. EPD maintains a public list of authorised inspectors and operates a public complaint hotline, meaning non-compliant use of banned plastics can be reported by any member of the public, triggering an inspection. Industry associations — including electronics and consumer goods trade bodies in Hong Kong — have issued codes of practice (CoPs) providing sector-specific guidance on material transitions, which EPD has encouraged businesses to follow as a compliance pathway.

## Compliance steps for electronics and consumer goods sellers

01

Determine whether your Hong Kong retail or food service operations fall within the Phase 1 food business definition — any on-site food or beverage service triggers immediate Phase 1 obligations from 22 April 2024.

02

Audit all product packaging materials against the Phase 1 banned plastics list — specifically check for expanded polystyrene (EPS) components and any materials labelled as oxo-degradable.

03

Source and switch to compliant alternative packaging materials (EPD-certified compostable materials, paper-based packaging, or non-EPS cushioning alternatives) for all HK-market product lines before the applicable phase deadline.

04

Monitor EPD's official announcements and gazette notices for Phase 2 scope confirmation and implementation date — register for EPD regulatory update notifications through the Hong Kong EPD website.

05

Conduct a Phase 2 readiness review of all product packaging film, poly bags, and EPS cushion foam used in electronics packaging against the expected Phase 2 restricted materials categories.

06

Check whether any of your product categories qualify as regulated electrical equipment (REE) under Cap. 603 — air conditioners, refrigerators, washing machines, and televisions — and complete EPR scheme registration if applicable.

07

Display required EPR scheme notices at all Hong Kong retail points of sale where regulated electrical equipment is sold, and ensure levy collection and remittance processes are in place.

08

Brief procurement, logistics, and warehouse teams responsible for HK-destined shipments on packaging material requirements, and update supplier specifications to mandate compliant materials for HK-market packaging from point of manufacture.

## Frequently asked questions

### When did Hong Kong's single-use plastics ban come into force?

Phase 1 of Hong Kong's single-use plastics ban commenced on 22 April 2024, the date set by the Product Eco-Responsibility (Amendment) Ordinance 2023. Phase 1 targets food businesses, prohibiting the provision of single-use plastic tableware including EPS containers, cutlery, straws, and oxo-degradable plastic products to customers. The Environmental Protection Department began enforcement from commencement — fixed penalty notices of HKD $2,000 are issued for first offences. Phase 2, which extends restrictions to retail businesses and a broader range of plastic products, has a separate implementation date to be confirmed through EPD's consultation process; businesses in the retail and consumer goods sectors should track EPD announcements closely for Phase 2 commencement.

### Does the HK plastics ban affect electronics packaging?

Phase 1 of the Plastic Regulation focuses on food businesses and their tableware — so for electronics companies that do not operate food service, the immediate Phase 1 impact is limited. However, Phase 2 is designed to extend restrictions to a broader range of plastic packaging materials in the retail sector, and electronics packaging components including EPS cushion foam, plastic protective films, and poly bags are expected to fall within the Phase 2 scope depending on the final product list confirmed by EPD. Electronics importers should conduct a proactive Phase 2 readiness review of their packaging specifications for HK-market products and begin sourcing compliant alternatives now, given that supply chain transitions for packaging materials typically require 6–12 months lead time.

### What is the EPR scheme for electrical equipment in Hong Kong?

The extended producer responsibility (EPR) scheme under the Product Eco-Responsibility Ordinance (Cap. 603) applies to four categories of regulated electrical equipment (REE): air conditioners, refrigerators, washing machines, and televisions. Suppliers and importers of these REE categories must register with the EPR scheme administrator and collect a recycling levy at point of sale — levies range from HKD $15 to HKD $165 per unit depending on the category, and these amounts are in addition to the sale price. The levy funds a government-mandated take-back and recycling scheme, and retailers must display EPR scheme notices at point of sale. The EPR scheme is separate from the single-use plastics restrictions — both sit under Cap. 603, but address different environmental obligations.

### What are the penalties for using banned plastics in Hong Kong?

Under the Product Eco-Responsibility (Amendment) Ordinance 2023, the Environmental Protection Department can issue fixed penalty notices of HKD $2,000 per offence for Phase 1 violations at the premises level — these are issued directly to the business operator on the spot during an EPD inspection. For persistent or more serious violations, prosecution in the Magistrates' Courts can result in fines up to HKD $100,000. EPD operates a public complaints hotline, meaning non-compliant use of banned plastics can be reported by any member of the public and will trigger an inspection. Businesses found in repeated non-compliance face both escalating fines and reputational consequences — EPD publishes enforcement outcomes, and named businesses appear in Hong Kong media.

**Disclaimer:** Educational resource only. Regulatory requirements change. Consult a qualified compliance specialist before making decisions.

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