More time for Hot Soupy/Liquid Food Containers

Updated Class Exemption Notice

SUP0003/2024/2

Last year, the Department of Water and Environmental Regulation (DWER), published a class exemption allowing extra time for businesses supplying prescribed plastic items under specified circumstances provided below.

• Food containers and their lids – 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.
• Other conditions apply, so please read the exemption notice carefully to determine whether the exemption applies to your circumstances.

The exemption was due to end 31 August 2025 but has been extended to 31 August 2026.

Many businesses have already sourced compliant alternatives suitable for their products, and all businesses are encouraged to comply as soon as possible. The time-limited exemption will allow more time for a small number of businesses which are still working on solutions.

Read the updated class exemption here: Exemption Notice

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).

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>