SA laws to be changed to remove liability from retailers when customers use own containers

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The South Australian government intends to pass laws today to make it easier for retailers to allow customers to use their own reusable containers to take away food. 

The government says the changes will remove the liability from businesses such as cafes and supermarkets for anything that goes wrong with food put in a customer's container. 

Environment Minister Susan Close said businesses could still choose whether or not to allow people to bring their own containers. 

"This is all part of reducing the single-use plastic burden that we have in South Australia," Dr Close said.

"We want to make sure that when people go to a cafe they can bring their own container if they want to take away the sandwich or the quiche or whatever it is, and the cafe will be completely safe in allowing that to happen."

Greens MP Robert Simms introduced the amendment to the Civil Liability Act in the previous parliament and again in May.

He said the move was a response to feedback from businesses and customers who wanted to make greener choices. 

"But one of the big barriers they faced was this concern that they could be liable if someone brought in a food container and if something went wrong with that," he said.

"So what this reform does is it makes it very clear that the business isn't liable."

Businesses which sell food that is not fit for consumption or food that is subject to a recall order can still be sued.

South Australia was the first state to introduce a container deposit scheme in 1973 and to ban lightweight check-out bags in 2009.

A range of single-use plastics, such as straws and cutlery, were banned last year under former environment minister David Speirs.

In a parliamentary debate last month, Mr Speirs — now the Opposition Leader — said the amendment had "complete bipartisan support".

"It is just sensible legislation, and it really builds on South Australia's tremendous heritage when it comes to dealing with plastic pollution and all forms of pollution, in fact," he said.

"We know that South Australia has led Australia, and often the world, when it comes to dealing with waste management and resource recovery and developing in more recent times a circular economy."

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