CBD bubble tea chain Top Tea fined for banned plastic straws at Swanston St store

Bubble tea retailer Top Tea has become the first business in Victoria to be fined for breaching the state’s single-use plastics ban, after EPA Victoria found prohibited plastic straws and stirrers being offered to customers at its Swanston St store.

The company, which operates two CBD outlets – one on Swanston St and another on Elizabeth St – received a $2035 infringement after EPA officers inspected the Swanston St premises on October 21 following several public reports.

Inspectors found single-use plastic straws and stirrers displayed at the front counter, allowing customers to help themselves in clear breach of regulations introduced nearly two years ago.

EPA Western Metropolitan regional manager Julia Gaitan said it was disappointing to see a city business still failing to comply when most retailers had adapted successfully.

“The figures show there is widespread compliance amongst retailers, so to find Top Tea not meeting their responsibilities is disappointing,” Ms Gaitan said. “This fine is a sign that EPA will enforce the regulations to keep millions of plastic straws, stirring sticks, cutlery, plates and cups out of the environment.”

Victoria’s ban on single-use plastics came into effect in February 2023 after an extensive information campaign involving the Department of Energy, Environment and Climate Action and the National Retailers’ Association. Research now shows a 70 per cent drop in banned items appearing in the environment, suggesting strong uptake from both industry and consumers.

Plastic straws, stirrers, cutlery, plates and expanded polystyrene food containers are prohibited from sale or supply, including “biodegradable” or “compostable” plastics that behave like conventional plastic litter. Businesses are expected to replace them with reusable or genuinely compostable alternatives.

EPA said the breach at Top Tea highlighted that there was “no excuse” for a retailer not knowing the rules almost two years into the ban.

“The ban was introduced because single-use plastics were making up a third of the litter we see in our environment,” Ms Gaitan said. 

Top Tea Melbourne Pty Ltd, headquartered in Wheelers Hill, now has the option to seek an internal review or contest the infringement in court under the Environment Protection Act 2017.

The enforcement comes as the final exemption to the ban – allowing single-use plastics attached to products such as juice-box straws and cutlery in instant noodles – expires on January 1, 2026. Retailers have been warned to remove these items from sale immediately.

EPA is urging the public to continue reporting breaches and pollution by calling the 24-hour hotline on 1300 372 842 or lodging reports online.