FAQs
| For Public |
General Matters
Q. 1 What is the objective of the Enhanced Plastic Shopping Bag Charging Scheme (the "PSB Charging")?
As estimated from the landfill disposal survey, the total number of PSBs disposed of in 2015 (i.e. within the first year of full implementation of the Scheme) was reduced by 25% comparing with the year before. However, rebounds of PSB disposal rate were observed in the following years, and these call for enhancement of the Scheme in order to maintain its effectiveness.
Q. 2 What is the amount of the plastic shopping bag charge ("PSB charge")?
Retailers/sellers must charge at least $1 for each plastic shopping bag provided to their customers, except those exempted plastic bags.
Q. 3 Can a retailer pay the PSB charge for a customer?
A retailer cannot pay the PSB charge for his/her customer, otherwise commits an offence.
Q. 4 What would happen if a customer refuses to pay the PSB charge?
A retailer shall not provide plastic bags to a customer if he/she refuses to pay the PSB charge.
PSB Charging Implementation Date
Q. 5 When will the PSB Charging come into effect?
The Enhanced PSB Charging Scheme has commenced since 31 December 2022.
Scope of the PSB Charging
Q. 6 What types of outlets are covered under the PSB Charging?
The PSB Charging includes all points of retail sales of goods, irrespective of the scale of the business (e.g. chain stores, SMEs, hawkers) and the nature of the business (e.g. street level shops, upper floor shops, sales via mail order or internet). For those outlets whose primary business is to provide service and at the same time have also taken part in the retail sales of goods (e.g. hairdressing salons selling hair care products, tutorial schools selling books and stationery), the retailers will also need to charge the customer at least $1 for each plastic bag provided when conducting retail sales of goods.
Q. 7 Does a customer need to pay the PSB charge for small plastic bags when small items are purchased?
When shopping involves small items that may not be carried around easily, we encourage the public to bring their own shopping bag or suitable containers to carry the purchased items.
Plastic Shopping Bags Subject to Charge
Q. 8 What is a "plastic shopping bag"?
A bag is a "plastic shopping bag" covered under the PSB Charging if –
- it is made wholly or partly of plastic; and
- whether or not there is a handle, handle hole, perforated line for tearing out a handle hole, carrying string or strap, or any other carrying device on, or attached to, the bag.
Plastic includes but is not limited to polyethylene, polypropylene, polyvinyl chloride and nylon. Shopping bags with plastic content are considered as "plastic shopping bags" under the PSB Charging. For example, paper shopping bags with plastic content such as plastic lamination or plastic handles or string handles having plastic stubs at the end are "plastic shopping bags". Similarly, non-woven bags made of polypropylene are also "plastic shopping bags".
Q. 9 Why "flat-top bag" is subject to charge?
It is common for members of the public to use "flat-top bags" in carrying fresh food or foodstuff without packaging. Yet, "flat-top bags" are also being used to contain non-foodstuff or foodstuff that has no hygiene concerns. To put this abusive behaviour to a halt, "flat-top bags" will also be subject to the PSB charge under the PSB Charging. As we have introduced food exemption provisions where plastic bags used solely for food hygiene reasons will be exempted from the PSB charge, the current practice of using "flat-top bags" to contain fresh food or unpackaged foodstuff on hygiene grounds will not be affected.
Q. 10 Why "non-woven bag" (sometimes known as environmental bag) is subject to charge?
"Non-woven bag" is also made of plastic so it is covered under the PSB Charging.
Q. 11 Does a PSB charge apply to each bag contained in a pre-packaged pack of plastic bags purchased (e.g zip-lock bags, garbage bags )?
A customer only needs to pay an amount not less than $1 for each pre-packaged pack of 10 or more plastic bags. However, at least $1 should be paid for each bag should the pre-packaged pack has 9 or less bags.
Exemption Arrangements
Q. 12 What are the types of exemption arrangements under the PSB Charging?
Under the PSB Charging, there are three types of exemptions:
- First Bag used for food hygiene reasons in each transaction
A bag that only contains an item of food, drink or medicine (collectively as "foodstuff") for human or animal consumption where the item is —- without packaging; or
- not wholly contained* in any packaging; or
- F&B takeaway foodstuff items in non-airtight packaging.
* "wholly contained" means the foodstuff item is wholly wrapped or enclosed in, or covered by, any packaging, irrespective of whether there is any hole on the packaging or whether the opening of the packaging is sealed or folded.
(Only under special circumstances could 2 or more PSBs be exempted, please click here for details.) - Bag used for packaging
- contains either unpackaged goods or more than one piece of goods and is sealed before the goods are supplied to the seller concerned; or
- forms part of the goods concerned.
- Bag provided with the services
A bag provided to customer which forms part of the services with no retail sales of goods involved.
In the circumstances mentioned above, the plastic bag given out will not be subject to the PSB charge.
Q. 13 Does the exemption of PSB charge apply to all types of foodstuff purchased?
Due to food hygiene reasons, plastic bag used to carry the following types of foodstuff could be exempted from the PSB charge under the PSB Charging –
- foodstuff items without packaging; or
- foodstuff items not wholly contained in any packaging; or
- F&B takeaway foodstuff items in non-airtight packaging.
(Only under special circumstances could 2 or more PSBs be exempted, please click here for details.)
Nevertheless, we encourage the public to practise bring your own bag (BYOB) or to reuse plastic bags so as to curb the use of plastic bags in Hong Kong, whenever possible.
Q. 14 Is it a violation of the law to provide more than one plastic bag to contain foodstuff, which is exempted due to food hygiene reason?
In consideration of the needs, two or more free PSB(s) may only be provided under the following scenarios:
- if not providing any one of such PSB(s) would make carrying all the foodstuff items in other such PSB(s) impractical owing to:
- other such PSB(s) is too small or lacks sufficient volume capacity
- the risk that any of the other such PSB(s) break(s)
- if not providing any one of such PSB(s) would prejudice the quality of the foodstuff items originally contained in such PSB(s) (for example, while fresh crab and fish can be contained in the same PSB, from merchandise quality angle, it is undesirable for them to be put together in the same PSB).
Q. 15 Does a PSB charge apply to all foodstuff in airtight packaging?
Yes, a PSB charge applies to all foodstuff in airtight packaging.
Q. 16 Does a PSB charge apply if both foodstuff that has hygiene concerns (those in Q13) and foodstuff in airtight packaging (those in Q15) are put together into the same plastic bag?
Yes, a PSB charge is applied because the plastic bag contains foodstuff in airtight packaging, which is not exempted under the PSB Charging.
Q. 17 Does a PSB charge apply if both foodstuff that has hygiene concerns (those in Q15) and non-foodstuff are put together into the same plastic bag?
Yes, a PSB charge is applied because the plastic bag contains non-foodstuff (mixed item), which is not exempted under the PSB Charging.
Q. 18 What is a "prepackaging bag", which is exempted from the PSB charge?
A "prepackaging bag" refers to the bag which contains either unpackaged goods or more than one piece of goods and is sealed before the goods are supplied to the seller concerned.
Q. 19 What is a "bag forming part of the goods", which is exempted from the PSB charge?
A bag is regarded as "forming part of the goods" and exempted from the PSB charge if —
- the bag is specifically designed for containing the goods; or
- the bag contains the goods, and the quality of the goods would deteriorate if they were not contained in the bag; or
- the goods are in liquid form and contained in the bag, or the goods are in liquid contained in the bag; or
- Information on how to consume or use the goods is printed, written or labelled on the bag.
Q. 20 Can a member of the public assume that he/ she does not have to pay any PSB charge when shopping at a wet market?
In general, the first plastic bags per single transaction distributed at wet markets will be exempted due to food hygiene reasons.(Only under special circumstances could 2 or more PSBs be exempted, please click here for details.) However, there are market stalls in which foodstuff in airtight packaging (e.g. canned food, bottled sauce, food in sealed bag or vacuum packaging, etc.) and non-foodstuff (e.g. household articles, clothing, religious articles, etc.) (mixed item) are offered for sale. In these cases, a PSB charge will be applied to the plastic bag containing these items.
Q. 21 Is the plastic bag subject to charge if eating utensils and airtight packaged sauces are put into the bag that contains exempted take-away foodstuff?
The exemption arrangement would still apply because such eating utensils and airtight packaging sauces are considered as the appendages for the take-away foodstuff. However, based on the “Use Less, Waste Less” principle, we encourage eateries to give out the above-mentioned appendages only when necessary and to reduce the packaging of the utensils so as to avoid wastage.
Implementation
Q. 22 How could the public support the PSB Charging?
The PSB Charging aims to create a direct economic incentive to encourage members of the public to switch to reusable shopping bags or reuse plastic shopping bags. By so doing, they could help reduce the indiscriminate use of plastic shopping bags and avoid the PSB charge. When purchasing fresh food or foodstuff without packaging, one can also do more by bringing containers such as food boxes so as to further cut down on the use of plastic bags.
Q. 23 Is it a violation of the law if a retailer charges the customer for the plastic bag, which is exempted under the Ordinance?
The Ordinance specifies conditions under which the PSB charge would not apply. Retailers may establish measures to reduce the use of plastic bags according to their commercial decision or green policies, including charging the customer for the plastic bag, which is exempted under the Ordinance or imposing a higher charge.
Q. 24 What is the hotline for enquiry or to report non-compliance?
For enquiry or to report non-compliance about the PSB Charging, please contact us at:
| Hotline: | (852) 2838-3111 | |
|---|---|---|
| Online Form: |
|
|
| Email: | psb@epd.gov.hk | |
| SMS: | (852) 6109-2167 | |
| Fax: | ||
| Post: | Enhanced Plastic Shopping Bag Charging Scheme Environmental Protection Department, 28/F., Southorn Centre, 130 Hennessy Road, Wanchai, Hong Kong |
| For Trade |
General Matters
Q. 1 What is the objective of the Enhanced Plastic Shopping Bag Charging Scheme (the PSB Charging)?
As estimated from the landfill disposal survey, the total number of PSBs disposed of in 2015 (i.e. within the first year of full implementation of the Scheme) was reduced by 25% comparing with the year before. However, rebounds of PSB disposal rate were observed in the following years, and these call for enhancement of the Scheme in order to maintain its effectiveness.
Q. 2 What is the amount of the plastic shopping bag charge ("PSB charge")?
Retailers/sellers must charge at least $1 for each plastic shopping bag provided to their customers, except those exempted plastic bags.
Q. 3 Can a retailer provide plastic bags for free?
Save for those plastic bags provided under exemption arrangements, retailers cannot give out plastic bags to customers for free. Neither the retailers can pay the PSB charge for the customers, nor can they offer discount or rebate to customers to offset the PSB charge. Retailers must charge the customers at least $1 for each plastic bag provided if such bag is provided at the time of the sale, for promoting the goods or otherwise in connection with the sale.
Q. 4 Can a retailer pay the PSB charge for a customer?
A retailer cannot pay the PSB charge for his/her customer, otherwise commits an offence.
Q. 5 Can a retailer provide rebate or discount to his/her customer with the effect of directly offsetting the PSB charge?
The retailer must not offer any rebate or discount to the customer with the effect of directly offsetting the amount charged for the plastic shopping bag provided or any part of that amount, otherwise commits an offence.
Q. 6 What would happen if a customer refuses to pay the PSB charge?
A retailer shall not provide plastic bags to a customer if he/ she refuses to pay the PSB charge.
PSB Charging Implementation Date
Q. 7 When will the PSB Charging come into effect?
The Enhanced PSB Charging scheme has commenced since 31 December 2022.
Scope of the PSB Charging
Q. 8 What types of outlets are covered under the PSB Charging?
The PSB Charging includes all points of retail sales of goods, irrespective of the scale of the business (e.g. chain stores, SMEs, hawkers) and the nature of the business (e.g. street level shops, upper floor shops, sales via mail order or internet). For those outlets whose primary business is to provide service and at the same time have also taken part in the retail sales of goods (e.g. hairdressing salons selling hair care products, tutorial schools selling books and stationery), the retailers will also need to charge the customer at least $1 for each plastic bag provided when conducting retail sales of goods.
Q. 9 Does a customer need to pay the PSB charge for small plastic bags when small items are purchased?
When shopping involves small items that may not be carried around easily, we encourage the public to bring their own shopping bag or suitable containers to carry the purchased items.
Plastic Shopping Bags Subject to Charge
Q. 10 What is a "plastic shopping bag"?
A bag is a "plastic shopping bag" covered under the PSB Charging if –
- it is made wholly or partly of plastic; and
- whether or not there is a handle, handle hole, perforated line for tearing out a handle hole, carrying string or strap, or any other carrying device on, or attached to, the bag.
Plastic includes but is not limited to polyethylene, polypropylene, polyvinyl chloride and nylon. Shopping bags with plastic content are considered as "plastic shopping bags" under the PSB Charging. For example, paper shopping bags with plastic content such as plastic lamination or plastic handles or string handles having plastic stubs at the end are "plastic shopping bags". Similarly, non-woven bags made of polypropylene are also "plastic shopping bags".
Q. 11 Why "flat-top bag" is subject to charge?
It is common for members of the public to use "flat-top bags" in carrying fresh food or foodstuff without packaging. Yet, "flat-top bags" are also being used to contain non-foodstuff or foodstuff that has no hygiene concerns. To put this abusive behaviour to a halt, "flat-top bags" will also be subject to the PSB charge under the PSB Charging. As we have introduced food exemption provisions where plastic bags used solely for food hygiene reasons will be exempted from the PSB charge, the current practice of using "flat-top bags" to contain fresh food or unpackaged foodstuff on hygiene grounds will not be affected.
Q. 12 Why "non-woven bag" (sometimes known as environmental bag) is subject to charge?
"Non-woven bag" is also made of plastic so it is covered under the PSB Charging.
Q. 13 Does a PSB charge apply to each bag contained in a pre-packaged pack of plastic bags sold (e.g zip-lock bags, garbage bags)?
A retailer only needs to charge the customer an amount not less than $1 for each pre-packaged pack of 10 or more plastic bags. However, at least $1 should be collected from the customer for each bag should the pre-packaged pack has 9 or less bags.
Exemption Arrangements
Q. 14 What are the types of exemption arrangements under the PSB Charging?
Under the PSB Charging, there are three types of exemptions:
- First Bag used for food hygiene reasons in each transaction
A bag that only contains an item of food, drink or medicine (collectively as "foodstuff") for human or animal consumption where the item is -- without packaging; or
- not wholly contained* in any packaging; or
- F&B takeaway foodstuff items in non-airtight packaging.
* "wholly contained" means the foodstuff item is wholly wrapped or enclosed in, or covered by, any packaging, irrespective of whether there is any hole on the packaging or whether the opening of the packaging is sealed or folded.
(Only under special circumstances could 2 or more PSBs be exempted, please click here for details.) - Bag used for packaging
A bag that –- contains either unpackaged goods or more than one piece of goods and is sealed before the goods are supplied to the seller concerned; or
- forms part of the goods concerned.
- Bag provided with the services
A bag provided to customer which forms part of the services with no retail sales of goods involved.
In the circumstances mentioned above, the plastic bag given out will not be subject to the PSB charge.
Q. 15 Does the exemption of PSB charge apply to all types of foodstuff sold?
Due to food hygiene reasons, only the first plastic bag per single transaction used to carry the following types of foodstuff could be exempted from the PSB charge under the PSB Charging –
- foodstuff items without packaging; or
- foodstuff items not wholly contained in any packaging; or
- F&B takeaway foodstuff items in non-airtight packaging
(Only under special circumstances could 2 or more PSBs be exempted, please click here for details.)
Nevertheless, we encourage retailers to minimize the provision of plastic bags to customers proactively so as to further curb the excessive use of plastic bags.
Q. 16 Is it a violation of the law to provide more than one plastic bag to contain foodstuff, which is exempted due to food hygiene reason?
In consideration of the needs, two or more free PSB(s) may only be provided under the following scenarios:
- if not providing any one of such PSB(s) would make carrying all the foodstuff items in other such PSB(s) impractical owing to:
- the risk that any of the other such PSB(s) break(s)
- if not providing any one of such PSB(s) would prejudice the quality of the foodstuff items originally contained in such PSB(s) (for example, while fresh crab and fish can be contained in the same PSB, from merchandise quality angle, it is undesirable for them to be put together in the same PSB).
Q. 17 Does a PSB charge apply to all foodstuff in airtight packaging?
Yes, a PSB charge applies to all foodstuff in airtight packaging.
Q. 18 What is a "prepackaging bag", which is exempted from the PSB charge?
A "prepackaging bag" refers to the bag which contains either unpackaged goods or more than one piece of goods and is sealed before the goods are supplied to the seller concerned.
Q. 19 What is a "bag forming part of the goods", which is exempted from the PSB charge?
A bag is regarded as "forming part of the goods" and exempted from the PSB charge if —
- the bag is specifically designed for containing the goods; or
- the bag contains the goods, and the quality of the goods would deteriorate if they were not contained in the bag; or
- the goods are in liquid form and contained in the bag, or the goods are in liquid contained in the bag; or
- information on how to consume or use the goods is printed, written or labelled on the bag.
Retailers selling foodstuff
Q. 20 Can a wet market seller assume that he/ she does not need to collect any PSB charge from the customer for the plastic bag provided?
In general, the first plastic bag per single transaction distributed at wet markets will be exempted due to food hygiene reasons . However, there are market stalls in which foodstuff in airtight packaging (e.g. canned food, bottled sauce, food in sealed bag or vacuum packaging, etc.) and non-foodstuff (e.g. household articles, clothing, religious articles, etc.) are offered for sale. In these cases, a PSB charge will be applied to the plastic bag containing these items.
Q. 21 Can a restaurant operator assume that he/ she does not need to collect any PSB charge from the customer for the plastic bag provided?
In general, (i) the first plastic bag per single transaction used for carrying F&B take-away foodstuff items in non-airtight packaging, or (ii) plastic bags for packing up left-over food that forms part of the dine-in services given out at restaurant will be exempted. However, where there is retail sales of foodstuff involving airtight packaging (e.g bottled sauce, canned or bottled drinks, festival food), the plastic bag distributed will be subject to PSB charge.
Q. 22 Is the plastic bag subject to charge if eating utensils and airtight packaged sauces are put into the bag that contains exempted take-away foodstuff?
The exemption arrangement would still apply because such eating utensils and airtight packaging sauces are considered as the appendages for the take-away foodstuff. However, based on the “Use Less, Waste Less” principle, we encourage eateries to give out the above-mentioned appendages only when necessary and to reduce the packaging of the utensils so as to avoid wastage.
Retailers selling non-foodstuff
Q. 23 Can a retailer assume that he/ she has to apply a PSB charge for every plastic bag provided to customers?
In general, retailers selling non-foodstuff have to charge the customer an amount not less than $1 for every plastic bag provided, except those sealed bags for prepackaging or those bags forming part of the goods, which will be exempted under the PSB Charging.
Q. 24 What is a "bag forming part of the goods", which is exempted from the PSB charge?
A "bag forming part of the goods" refers to a bag which has special function or purposely designed for the goods involved. For example, a transparent bag for a new shirt, a cooler bag for ice-cream, a protective bag for leather product.
Retailers selling foodstuff and non-foodstuff
Q. 25 Does a PSB charge apply if both foodstuff that has hygiene concerns (those in Q16) and foodstuff in airtight packaging (those in Q17) are put together into the same plastic bag?
Yes, a PSB charge is applied because the plastic bag contains foodstuff in airtight packaging, which is not exempted under the PSB Charging.
Q. 26 Does a PSB charge apply if both foodstuff that has hygiene concerns (those in Q16) and non-foodstuff are put together into the same plastic bag?
Yes, a PSB charge is applied because the plastic bag contains non-foodstuff, which is not exempted under the PSB Charging.
Service businesses with sales of goods
Q. 27 Can a service provider assume that he/ she does not need to apply PSB charge at any time?
For those primary service businesses where there are no retail sales of goods, plastic bags given out will not be subject to the PSB charge. On the other hand, for those outlets whose primary business is to provide service and at the same time have also taken part in the retail sales of goods (e.g. hairdressing salons selling hair care products, tutorial schools selling books and stationery), the retailers will also need to charge the customer at least $1 for each plastic bag provided when conducting retail sales of goods.
Q. 28 What is a "bag provided with the services", which is exempted from the PSB charge?
A "bag provided with the services" refers to a bag which forms part of the services with no retail sales of goods involved. For examples, a plastic bag containing cleaned clothing from laundry service, x-ray report from laboratory, and rented gowns from bridal shop.
Implementation
Q. 29 How could a retailer support the PSB Charging?
The PSB Charging aims to create a direct economic incentive to encourage members of the public to reduce the use of plastic bags. Therefore, retailer should minimize the distribution of plastic bags proactively at the time of the sale, for promoting the goods or in connection with the sale. If a customer insists to obtain a plastic bag, the retailer shall charge for the bag in accordance with the legislative requirements. Based on the "Use less, Waste less" principle, we do not encourage switching to paper bags from plastic bags in order to avoid the PSB charge.
Q. 30 Is it a violation of the law if a retailer charges the customer for the plastic bag, which is exempted under the Ordinance?
The Ordinance specifies conditions under which the PSB charge would not apply. Retailers may establish measures to reduce the use of plastic bags according to their commercial decision or green policies, including charging the customer for the plastic bag, which is exempted under the Ordinance or imposing a higher charge.
Q. 31 Can a retailer place the plastic bags somewhere in the outlet or outside the outlet, so that customers could take free plastic bags by themselves or make self-service payment?
If the plastic bags are provided by a retailer, the retailer shall charge the customers when non-exempted goods are purchased and plastic bags are taken, no matter where the plastic bags are placed. A retailer with self-service payment system must ensure that the customers have paid for the plastic bags.
Q. 32 What should a retailer do with the PSB charge collected?
The PSB Charging adopted the "retention" approach whereby retailers may retain the PSB charge without the need of remitting to the Government. We encourage retailers to donate the income generated from the PSB charge to support suitable environmental causes.
Q. 33 What are the consequences if a retailer does not charge his/ her customer for the plastic shopping bag provided?
If the Environmental Protection Department has reason to believe that a person is committing or has committed the following offence at the time of the sale:
- Failed to charge the customer an amount not less than $1 for each plastic shopping bag, or each pre-packaged pack of 10 or more plastic shopping bags, provided by the seller directly or indirectly to the customer ; or
- Offered rebate or discount to the customer with the effect of directly offsetting the amount or any part of the amount charged for each plastic shopping bag, or each pre-packaged pack of 10 or more plastic shopping bags, provided by the seller directly or indirectly to the customer,
the Environmental Protection Department may issue the person a fixed penalty notice offering the person an opportunity to discharge the liability for the offence by paying a fixed penalty of $2,000.
For breaches of serious nature such as repeated or systemic contraventions, the Environmental Protection Department may initiate prosecution through criminal proceedings and the offender is liable on conviction to a maximum fine of $100,000 on the first occasion and $200,000 on each subsequent occasion.
Q. 34 Where can a retailer obtain the publicity materials for the PSB Charging?
Retailers can download the electronic versions of the publicity materials here.
Q. 35 What is the hotline for enquiry or to report non-compliance?
For enquiry or to report non-compliance about the PSB Charging, please contact us at:
| Hotline: | (852) 2838-3111 | |
|---|---|---|
| Online Form: |
|
|
| Email: | psb@epd.gov.hk | |
| SMS: | (852) 6109-2167 | |
| Fax: | ||
| Post: | Enhanced Plastic Shopping Bag Charging Scheme Environmental Protection Department, 28/F., Southorn Centre, 130 Hennessy Road, Wanchai, Hong Kong |
Fixed Penalty Notice
Q. 36 What is a "Fixed Penalty Notice"?
Pursuant to Section 28A of the "Product Eco-responsibility Ordinance" (Cap 603), if the Environmental Protection Department has reason to believe that a person is committing or has committed an offence of not charging the customer for the plastic shopping bag provided at the time of the sale, the Director may give the person a "Fixed Penalty Notice" of $2,000.
Q. 37 How should the fixed penalty of a "Fixed Penalty Notice" be paid?
The fixed penalty should be paid according to the payment instructions stated on the overleaf of the Fixed Penalty Notice within 21 days of its issue in order to discharge the liability of the contravention.
Note: If you make a payment by post, please ensure sufficient mailing time and postage to make delivery in order. Underpaid mail items will be rejected.
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