For business premises mainly focusing on retail and also selling pre-packaged food eg boxed sushi and sandwiches for immediate consumption, this business model is considered as a takeaway, therefore plastic cups and plastic food containers can be used, the Environmental Protection Department said today.

These types of premises include supermarkets and department stores where products are placed on shelves for customers to choose from, and where customers are facilitated to take food away from the premises.

The location where customers consume the product is not relevant, the department clarified.

Meanwhile, the mode of operation of food courts in shopping malls/large department stores is different, as food stalls in food courts usually prepare and serve food on the spot according to customers’ orders, and there are dining areas in the food courts.

This business model is basically the same as that of regular restaurants, hence food stalls in food courts are required to comply with the regulatory requirements on tableware for dine-in service, the department stressed.

Similar to other restaurants, if customers purchase food for takeaway, plastic cups and plastic food containers can be used.

The department also pointed out that if a food court sells pre-packaged food for immediate consumption and makes facilitation for customers to take the products away from the premises, this situation is also considered as takeaway, so the products can be packaged in plastic food containers.

Separately, if the cooked food section of a supermarket serves food prepared on the spot, and there are dine-in areas, this situation is no different from that of a regular restaurant. Under this circumstance, the seller has to comply with the regulatory requirements on tableware for dine-in service.

The above is consistent with the explanation on the situation of supermarkets given by the department at its earlier training seminar for the retail and service sectors, it added.

As far as customers are concerned, the purchase and use of certain disposable plastic products will not constitute a violation of the law under any circumstances, the department reiterated.