Key updates

Hot soupy/liquid food containers – extension

Class Exemption Notice

SUP0003/2024/1

On 16 July 2024, the WA Government published a class exemption allowing extra time for food containers and their lids only for takeaway food uses when the container is holding soupy or liquidy foods that are served over 60 degrees Celsius or intended to be heated over 60C.

These specific containers and their lids will be provided an extension until 30 August 2025 to comply (those who wish to use this exemption must supply information to the Department by a certain date).

Currently there is limited food packaging supply that meets the needs for safe handling of such food containers minimising leakage and provide an effective barrier for prolonged soup storage.

What are soupy or liquidy foods?

As per the class exemption notice, “these items relate to takeaway food that can be poured and includes, but are not limited to:

curry
gravy
soup
laksa

These products are typically packaged currently in plastic containers or bowls with tight fitting lids.”

The exemption captures products where the hot liquid is a key component of the food product and generally does not combine with other ingredients to reduce pouring or risk of a spill. For example, foods such as fried rice, fettuccine, gnocchi and refried beans are not likely to be meet this definition and are not eligible for this exemption.

What about cold liquid foods or drinks?

The class exemption ONLY applies to food containers and their lids supplied in takeaway use which contain soupy or liquid foods that are served over 60 degrees Celsius or intended to be heated over 60C.

The exemption does NOT apply to cold foods, non-liquid foods, or any form of beverage (hot or cold).

How to use this exemption

Businesses providing products as specified under the class exemption must notify the WA Government of their intent to use. Suppliers and manufacturers who supply to businesses providing items as per the class exemption should check that these businesses have notified the WA Government they intend to use the class exemption. There is no requirement for suppliers and manufacturers to notify.

What do I need to do?

Before 30 August 2024, or within 30 days of adding a product under this exemption, someone using this exemption, must provide specific information via this online form.

For queries about exemptions please contact the Department directly:
plastic-exemptions@dwer.wa.gov.au or 08 6364 7000

Can the exemption change in future?

In accordance with regulation 20(5) of the regulations this exemption notice may be revoked or varied by the CEO or a Delegated Officer at any time by written notice. We recommend businesses who do receive this exemption, monitor the Department website. All exemption notices and revoked exemptions are published by the Department here>

Read the class exemption here: https://www.wa.gov.au/media/48073/download?inline

Fill in your application form: https://www.wa.gov.au/government/publications/class-exemption-sup000320241-takeaway-food-container-holding-soupy-or-liquid-foods-over-60-degrees-celsius

Translated copies of this exemption are available here: https://plasticsbanwa.com.au/resources/translations/#exemption