Ban on plastic bags

On December 10, 2021, Law No. 1489 "On Restricting the Circulation of Plastic Bags in Ukraine" comes into force. This law prohibits the free distribution of ultra-thin, thin and biodegradable plastic bags.
Law No. 1489 distinguishes the following types of packages:

• A biodegradable plastic bag is a plastic bag that decomposes into naturally occurring elements with the help of microorganisms. It must comply with national or European regulations on biodegradability, composting or recycling. Such bags must be labeled (labeling requirements are set by the Cabinet of Ministers of Ukraine, currently they are not).
• Nonbiodegradable plastic bag is a plastic bag consisting of polyethylene and special additives that accelerate the decomposition of the bag into microplastic under the influence of ultraviolet light and oxygen (free distribution is prohibited).
• Ultra-thin plastic bag 一 a plastic bag with a wall thickness of less than 15 micrometers (free distribution is prohibited).
• A thin plastic bag is a plastic bag with a wall thickness of 15 to 50 micrometers (free distribution is prohibited).

Until January 01, 2023, bags may be used for transportation and packaging of fish, meat, meat products and bulk products. Such packages must meet the following criteria:

• width up to 225 millimeters without creases,
• length up to 450 millimeters including handles,
• depth up to 345 millimeters including folds.

The ban applies to retail, catering and service providers. Those engaged in wholesale trade and production are not subject to this ban.
Since December 10, the free distribution of bags has been banned. However, it is possible to sell packages with a thickness of more than 50 micrometers at prices set by the Cabinet of Ministers. The minimum cost of the packages is:

• without handles and side folds 一 2 UAH,
• without handles with side folds or with handles without side folds 一 UAH 2.50,
• with handles and side folds 一 3 UAH.

Biodegradable bags and bags for packaging fish, meat and bulk products are not subject to minimum prices.
The remaining packages must be withdrawn from circulation. The Law "On Withdrawal from Circulation, Processing, Recycling, Utilization, Destruction or Further Use of Substandard and Hazardous Products" sets out exactly how to do this. You can draw up a write-off certificate and hand over the remaining unused bags for disposal to the relevant companies. The cost of removing and disposing of the bags is borne by the entrepreneurs and is not compensated by the state.
For violation of Law No. 1489, the State Service of Ukraine on Food Safety and Consumer Protection may impose administrative and economic liability on entrepreneurs and enterprises in the form of fines:

• for the distribution of prohibited packages 一 from UAH 8,500 to UAH 17,000 for the first violation and for repeated violations within three years 一 from UAH 17,000 to UAH 34,000,
• for the free distribution of packages that should be distributed for money 一 from UAH 1700 to 3400 for the first offense and from UAH 3400 to 8500 for a repeated offense within three years.