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ABC News
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Business

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

The law change will make it easier for shoppers to use their own containers when buying food. (ABC News: Samantha Jonscher)

Laws have passed South Australia's parliament 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.

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.

Butcher Marc Napper from Brighton City Meats welcomed the announcement. (ABC News: Sara Tomevska)

Brighton butcher Marc Napper said his business already accepts containers customers bring from home, as long as they are clean.

"They're good, loyal customers and they have always asked us previously if they can bring in their own containers," he said. 

"We always put in high practices to make sure there is no contamination coming into the shop.

The law is expected to come into effect by the end of the year.

Adelaide woman Karen Murphy with a container she brought into a shop to buy food. (ABC News: Samantha Jonscher)

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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