The following guide provides updated information on the ban on single-use plastic food containers.
At a glance
These bans came effect on 1 September 2024. Excess stock of banned products cannot be supplied.
These bans commenced on 1 September 2024:
- Ban on single-use plastic food containers including bowls, cups, containers and trays with lids when used for takeaway food prepared for sale and consumption on the same day.
- Ban on single-use plastic food containers for condiments (e.g. sauces) provided with ready-to-eat food and packaged in the container on the retail premises at which the ready-to-eat food is sold.
The following exemptions will apply for:
- AS certified compostable food containers including bowls, containers, trays and their lids when used for takeaway food prepared for sale and consumption on the same day
- plastic-lined or plastic-coated lids used with aluminium foil food containers used for ready-to-eat food
- catering platters (and their lids) containing multi-serves of food used at a function or an event.
A reminder that from 1 November 2024, single-use cardboard or fibreboard bowls and plates that are lined or coated with plastic are prohibited from sale, supply and distribution as a temporary exemption for these products expires in South Australia, New South Wales, ACT and Victoria. This includes coloured paper plates and bowls or paper plates and bowls printed with celebratory messages.
As a result of public consultation on the proposed regulations, and consideration of feedback from businesses and manufacturers, there will be temporary exemptions until 28 February 2026 for:
- Food containers that have application pending decision for AS compostable certification and have not yet completed the process
- Food containers including bowls, containers, trays and their lids certified to ATSM D6400 (US Standard), EN 13432, TUV OK compost INDUSTRIAL or TUV OK compost HOME when used for takeaway food prepared for sale and consumption on the same day.
From 1 March 2026 the exemptions will only apply to AS certified compostable food containers that are clearly marked in a manner that indicates that they are home compostable, both home compostable and industrially compostable, or industrially compostable.
Containers of less than 60mL in volume and lids of less than 70mm diameter will not be required to be marked however manufacturers and/or suppliers may be requested to provide evidence of certification if requested by business or the regulator.
With immediate effect, businesses in South Australia will be permitted to use single-use plastic polypropylene bowls with a lid to serve hot liquid ready-to-eat foods above 60º C such as soup, broth, hot pots and laksa.
A formal exemption regulation will be progressed however businesses may immediately begin to use single-use plastic polypropylene bowls with a lid to serve hot liquid ready-to-eat foods and no regulatory action will be taken.
There are two other temporary exemptions in place:
Until 28 February 2026:
- A single-use plastic container (of any shape) with the capacity of 500ml or less, that has a lid (whether separate or attached to the container) and is used for retail sale of potatoes, gravy or peas (whether separately or in combination with one another) intended to be provided to a customer at a temperature of above 60°C
Until 31 August 2029 for:
- single-use plastic transparent square or rectangular food containers with a detachable transparent lid, both of which are made wholly from polypropylene (PP) or polyethylene terephthalate (PET).
Single-use plastic takeaway food containers
Extensive consultation with stakeholders has revealed that a broad ban on all plastic food containers for all purposes is not practicable.
The regulations do not ban all single-use plastic food containers.
The ban is on ready-to-eat food being put into single-use plastic food containers.
It is limited to plastic food containers, including plastic-lined or aqueous coated containers, used for takeaway food prepared for sale and consumption on the same day, for example takeaway food containers, single-use plastic bowls with plastic lids, single-use plastic trays with plastic lids, and single-use plastic cups with plastic lids used for food.
The following alternative takeaway food containers will be permitted:
- AS certified compostable single-use food containers including bowls, containers, trays and their lids when used for takeaway food prepared for sale and consumption on the same day
After public consultation on the proposed regulations and consideration of feedback from businesses and manufacturers there will be temporary exemptions until 28 February 2026 for:
- Food containers including bowls, containers, trays and their lids that have applications pending decision for AS compostable certification and have not yet completed the process
- Food containers including bowls, containers, trays and their lids certified to ATSM D6400 (US Standard), EN 13432, TUV OK compost INDUSTRIAL or TUV OK compost HOME when used for takeaway food prepared for sale and consumption on the same day.
From 1 March 2026 the exemptions will only apply to AS certified compostable food and beverage containers that are clearly marked in a manner that indicates that they are home compostable, both home compostable and industrially compostable, or industrially compostable.
With immediate effect, businesses in South Australia will be permitted to use single-use plastic polypropylene bowls with a lid to serve hot liquid ready-to-eat foods above 60º C such as soup, broth, hot pots and laksa.
A formal exemption regulation will be progressed however businesses may immediately begin to use single-use plastic polypropylene bowls with a lid to serve hot liquid ready-to-eat foods and no regulatory action will be taken.
Single-use plastic polypropylene bowls are NOT permitted for other ready-to-eat foods (hot or cold) that are not liquid foods such as pasta, noodle dishes and salads.
Where there are no appropriate compostable options for ready-to-eat food, there are two temporary exemptions in place:
Until 28 February 2026:
- A single-use plastic container (of any shape) with the capacity of 500ml or less, that has a lid (whether separate or attached to the container) and is used for retail sale of potatoes, gravy or peas (whether separately or in combination with one another) intended to be provided to a customer at a temperature of above 60°C
This temporary exemption is in response to specific requests for more time to develop of suitable compostable containers for businesses preparing and supplying potatoes, gravy and peas for sale at temperatures above 60°C.
Until 31 August 2029 for:
- single-use plastic transparent square or rectangular food containers with a detachable transparent lid, both of which are made wholly from polypropylene (PP) or polyethylene terephthalate (PET).
The temporary exemption does not include round PP or round PET containers, or hinged PP or hinged PET containers of any shape.
Round PP and round PET containers have not been exempted to ensure that the regulations regarding bowls, cups and other round containers used for beverages and ready-to-eat takeaway food are the same, easily understood and enforceable.
From 1 September 2024, mixed packaging of conventional PP or PET lids and compostable bases/containers will not be permitted for ready-to-eat takeaway foods. This requires users to separate the lid from the base before disposing (lid to yellow recycling bin and base to green organics bin) and is likely to lead to contamination of both yellow recycling and green organics bins. |
The regulations are designed to ensure that any remaining food or food residue, the food container and its lid can be disposed directly into green organics bins domestically and, where provided, in workplaces, schools, at events or in public places in South Australia.
Where there are no appropriate compostable food containers suitable for ready-to-eat takeaway food, a square or rectangular transparent food container, with a detachable lid, made from wholly PP or PET will be permitted. Once any leftover food is removed or washed out, this container can be disposed directly into yellow recycling bins.
What is 'ready-to-eat' food?
The regulations for food containers only apply for ready-to-eat food which is being sold to take away from the business and to be consumed shortly after purchase. The ban includes single-use plastic food containers for condiments (e.g. sauces) provided with ready-to-eat food and packaged in the container on the retail premises. Food containers used under these circumstances are likely to be used only for a short period of time before being discarded.
‘Ready-to-eat food’ means food that is:
- prepared or packaged on retail premises at the request or order of a customer; OR
- prepared fresh and pre-packaged on the day, or shortly before the day, on which it is intended to be offered for retail sale;
- AND is ready to be eaten without further cooking, heating, defrosting, washing or other preparation and is ordinarily intended to be eaten at the site of sale or shortly after at another place.
Examples of ready-to-eat food include:
- sandwiches made on, or the night before, the day of sale
- salads made on, or the night before, the day of sale
- sushi
- rice paper rolls
- hot and cold food sold for consumption on-site or to take away from a restaurant, shop, venue or food truck
- hot and cold single-serve bakery goods
- condiments that are not pre-packaged but are put into single-serve containers on the premises prior to being provided with takeaway food.
What is banned for ready-to-eat food?
- Plastic sandwich packaging unless certified compostable
- Plastic bowls and serving cups with or without lids (unless all elements are certified compostable)
- Plastic food trays with or without lids (unless all elements are certified compostable)
- Plastic clamshells (unless certified compostable)
- Plastic food containers used for condiments (e.g. sauces) packaged in the container on the retail premises and provided with ready-to-eat food
- Plastic takeaway food containers with or without lids, they are:
- transparent square or rectangular food containers with a detachable transparent lid, both of which are made wholly from polypropylene (PP) or polyethylene terephthalate (PET); or
- certified compostable.
What isn’t banned?
- Plastic containers used for food preparation only, within the premises
- Plastic containers of any shape, 500ml or under, used specifically for gravy, potatoes or peas and served at greater than 60°C (until 1 March 2026)
- Plastic containers used within a business that do not contain food or beverages
- Pre-packaged products that are ordinarily not prepared or made, purchased and eaten on the same day
- Pre-packaged condiments that are manufactured or packed offsite and provided to a business
- Food or drink items which have been pre-packaged offsite and are not ready-to-eat food (such as frozen meals and refrigerated meals that require heating at home)
- Plastic containers for foodstuffs which are typically used as an ingredient or component of another dish (such as olives, cheese, salami, dip)
- Plastic containers for food that needs further preparation, cooling or heating before being consumed (such as chilled meals, pre-cut vegetables)
- Plastic containers for food which is not typically consumed whole or in one sitting (such as a multi-serve- tub of yoghurt, multi-pack of biscuits or bread rolls, bulk pack of fruit pieces, large cake, multi-packs of donuts).
- Multi-packs of single-use plastic containers
FAQs
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Which types of plastic containers are permitted for ready-to-eat takeaway food?
To provide a suitable alternative for businesses serving very hot food or displaying food in fridges or hot environments, there will be a 5-year limited exemption for transparent square or rectangular containers with detachable lids made wholly from polypropylene (PP) or polyethylene terephthalate (PET).
Examples of permitted containers are pictured below:
Examples of banned containers are pictured below:
Other expanded polystyrene (EPS) consumer food and beverage containers and EPS food trays
What is banned?
EPS cups, bowls, plates and clamshell containers have already been prohibited from sale, supply and distribution in South Australia since 1 March 2022.
Other EPS consumer food and beverage containers and EPS food trays in the market will now be banned from 1 September 2024, including:
- EPS gelato containers
- EPS cake boxes
- EPS trays used for meat, fruit and other food items.
What isn't banned?
- All business to business EPS packaging such as delivery of fresh vegetables from field to market, or delivery of meat or seafood from processor/market to retail premises
- EPS boxes for home delivery of fresh food and pre-prepared meals, where there is an opportunity for collection and reuse
- EPS boxes used for specialist packaging for medical applications such as organ transport or pharmaceuticals.
- Trays or containers made from unexpanded polystyrene.
- EPS containers that are part of a pre-packaged product (such as pre-packaged instant noodles). Pre-packaged EPS containers will be banned from 1 September 2025 (see the Guide to the 2025 ban on single-use plastics)
What are the alternatives?
Takeaway EPS gelato containers can be replaced by AS certified compostable food containers. Businesses can also encourage customers to bring insulated bags from home to transport their gelato or ice cream.
Trays used for meat, fruit and other food items (which are not ready-to-eat takeaway food) can be replaced with fully recyclable polyethylene terephthalate (PET) or polypropylene (PP) trays that can be rinsed and placed in yellow recycling bins in South Australia.
If the tray is being used for ready-to-eat takeaway food, it will need to meet the requirements for food containers outlined above in the 'Single-use plastic takeaway food containers' section.
FAQs
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What are AS certified compostable products?
Certified compostable products are made of materials that do not leave behind any toxic material, breaking down readily in a commercial, or sometimes home, composting system. This can include items that look like plastic, such as bowls, cups and bags. Labelling on these products must clearly state the item is certified compostable, preferably including the relevant AS certification logo, to assist consumers and businesses to purchase compliant products and to use appropriate disposal pathways. Australia has two of the highest standards in the world when it comes to certification:
AS 4736:2006 Biodegradable plastics suitable for industrial/compostable composting and other microbial treatment
This certifies the product can be composted through a commercial composting facility. In the majority of South Australian council areas, in workplaces and schools with organics collections, and at public events, this means the material can go into the available green-lidded organics bins.
AS 5810:2010 Biodegradable plastics suitable for home or commercial/industrial composting
This certifies that the product can be composted in your home compost bin. It is also suitable to go into a green-lidded organics bin.
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What is the difference between Australia's industrial composting standard (AS 4736:2006) and Australia's home composting standard (AS 5810:2010)?
Commercial composting facilities generate much more heat than a home compost bin and use oxygen and water to break down materials into compost. Both AS 4736:2006 and AS 5810:2010 certified compostable products can be processed at commercial composting facilities in South Australia.
As home composting facilities do not reach the same high temperatures that are reached at commercial composting facilities, only AS 5810:2010 certified compostable products are suited to home compost systems.
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Why is bioplastic certified AS industrially or home compostable being permitted for food and beverage containers?
Previously the South Australian government has not allowed single-use products already banned or restricted (such as plastic straws, plastic cutlery, plastic stirrers) to be made from bioplastic. This is because, when littered, bioplastic behaves in a similar way to conventional plastic, remaining in the environment and causing harm.
Single-use food and beverage containers need to be waterproof to be safe and effective. Typically, all single-use food and beverage containers sold in Australia are either made entirely from plastic or have been lined with, or contain, a plastic polymer to ensure they are waterproof.
Under South Australian legislation, all polymers used to waterproof a container, no matter how the waterproofing is applied, are considered a plastic.
Several exemptions have been put into place for compostable food and beverage containers to ensure that there are suitable alternative products for businesses in South Australia.
- Australian Standard (AS) certified compostable hot and cold beverage cups and their lids
- AS certified compostable food containers including bowls, containers, trays and their lids when used for takeaway food prepared for sale and consumption on the same day
After public consultation on the proposed regulations and feedback from businesses and manufacturers there will be temporary exemptions until 28 February 2026 for:
- Food and beverage containers that have application pending decision for AS compostable certification and have not yet completed the process
- Hot and cold beverage cups and their lids certified to ATSM D6400 (US Standard), EN 13432, TUV OK compost INDUSTRIAL or TUV OK compost HOME
- Food containers including bowls, containers, trays and their lids certified to ATSM D6400 (US Standard), EN 13432, TUV OK compost INDUSTRIAL or TUV OK compost HOME when used for takeaway food prepared for sale and consumption on the same day.
From 1 March 2026 the exemptions will only apply to AS certified compostable food and beverage containers that are clearly marked in a manner that indicates that they are home compostable, both home compostable and industrially compostable, or industrially compostable.
Plastic straws, single-use plastic cutlery and plastic stirrers made from any type of bioplastic will remain banned under current South Australian legislation, as these products do not contribute to the diversion of food waste from landfill.
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What are the labelling requirements?
Labelling ensures that suppliers, business owners and consumers can easily identify AS certified compostable products and know that they can be disposed of in green-lidded organics bin systems accepting food and garden organics.
Recent research by the Compostable Coalition UK has shown that when compostable packaging is clearly labelled, it is much more likely to be correctly disposed of in the organic bin system ensuring optimal food waste recovery and lower environmental impact.
From 1 March 2026, the regulations require that to be exempt from being a prohibited plastic product, AS certified compostable packaging must be ‘clearly labelled as, or otherwise marked in a manner that indicates that’ the product is home compostable, both home compostable and industrially compostable, or industrially compostable.
There are exemptions to the labelling requirements. Food and beverage containers of less than 60mL in volume and lids of less than 70mm diameter will not be required to be marked however manufacturers and/or suppliers may be requested to provide evidence of certification if requested by business or the regulator.
The regulations do not mandate the use of logos or specific wording. Businesses need to make a commercial decision on how they choose to label their product, taking into consideration any licensing requirements for logos and the Australian Competition and Consumer Commission (ACCC) guidance on Making environmental claims: A guide for business.
During the transition period from 1 September 2024 to 28 February 2026, compostable packaging compliant with the regulations (including products certified to US and European composting standards) will not need to be clearly labelled. Given the lead times for development and printing of packaging, businesses are encouraged to start this process as soon as possible to ensure that labelling is in place when this requirement commences.
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What are ATSM D6400, EN 13432, TUV OK compost INDUSTRIAL or TUV OK compost HOME?
During public consultation, individuals and businesses expressed concerns that there were not enough AS certified compostable food and beverage products commercially available to meet the ban implementation deadline of 1 September 2024.
As part of the transition period until 28 February 2026, food and beverage containers and their lids certified to the following composting standards will be permitted:
- ASTM D6400-23 Standard Specification for Labeling of Plastics Designed to be Aerobically Composted in Municipal or Industrial Facilities. This is the US Standard for industrially compostable bioplastic products.
- EN 13432 Packaging – Requirement for packaging recoverable through composting and biodegradation – Test scheme and evaluation criteria for the final acceptance of packaging. This is the European Standard for industrially compostable bioplastic products.
- OK compost INDUSTRIAL is a European certification that is harmonised with EN 13432, indicating that it is an industrially compostable bioplastic product.
- OK compost HOME is a European certification that is based on several standards including AS 5810:2010, indicating that it is a home compostable bioplastic product.
These standards are not the same as AS 4736:2006 and AS 5810:2010, which include an additional requirement of a worm toxicity test. This testing component ensures that AS certified compostable items in the compost have no toxic effect on plants and earthworms, making it preferable to other international standards.
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How do I check the certification details for compostable food and drink containers and their lids?
After 1 September 2024 and before 1 March 2026, businesses will be able to purchase and use food and drink containers and their lids that are certified compostable to Australian, European and US standards. These may or may not have clear labelling.
Businesses are encouraged to check with their supplier for evidence of certification for each of the products that they are purchasing.
Suppliers will be required to provide evidence of certification to businesses and to the regulator (South Australian Environment Protection Authority) if requested.
Where the supplier has an application for the product pending decision for AS compostable certification and have not yet completed the process, this information should be provided to the purchasing business or the regulator on request.
From 1 March 2026 the exemptions will only apply to AS certified compostable food and beverage containers that are clearly marked in a manner that indicates that they are home compostable, both home compostable and industrially compostable, or industrially compostable.
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Why is there a 5-year exemption for a specific type of single-use plastic container?
Businesses and the packaging industry provided feedback during the consultation process that compostable packaging is not suitable for all types of takeaway ready-to-eat food.
Compostable containers cannot be stored in hot environments or warming drawers greater than 60°C. Australian Food Standards require that food kept in a warming drawer/hot cabinet must be kept at least 60°C.
Very hot and oily foods (such as stir fries, curries and laksa) placed in compostable plastic packaging for transport or delivery can cause the packaging to fail, creating a health and safety risk.
Transparency of food packaging is required for popular ‘grab & go’ business models. For hot foods, most transparent compostable lids and bowls cannot tolerate temperatures greater than 60°C. Transparent compostable bowls and lids are more porous and may not form a moisture barrier between the food and the air outside (including within a fridge) potentially leading to contamination of food.
To provide a suitable alternative for businesses serving very hot food or displaying food in fridges or hot environments, there will be a 5-year limited exemption for transparent square or rectangular containers with detachable lids made wholly from polypropylene (PP) or polyethylene terephthalate (PET). When any remaining food is removed or washed out, these containers are 100% recyclable in South Australian kerbside systems.
This is a temporary exemption for 5 years to allow for research and development into alternative compostable or non-plastic containers that can be used for ready-to-eat takeaway food.
From 1 September 2024, mixed packaging of conventional PP or PET lids and compostable bases/containers will not be permitted for ready-to-eat takeaway food. This requires users to separate the lid from the base before disposing (lid to yellow recycling bin and base to green organics bin) that is likely to lead to contamination of both yellow and green bins.
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What are some examples of packaged foods not included in the ban?
- Pre-packaged ice cream, frozen yoghurt, frozen dessert, sorbet, gelato, frozen puddings in multiple or single serves
- Pre-packaged products, including:
- yoghurt (including dairy-free yoghurt) with or without muesli/fruit mix/biscuit in multiple or single serves (noting that attached cutlery will be banned from 1 September 2025)
- desserts, like mousse, crème caramel, custard, rice pudding, pannacotta, sundae, dessert sauce, cheesecake, tiramisu, jelly and sponge puddings
- confectionery
- cream, sour cream, crème fraiche
- butter, margarine and spreads (including dairy-free spreads) in multiple or single serves
- jams, conserves, jellies, nut butters, Vegemite and other spreads in multiple or single serves
- pate, terrine and fruit pastes
- cheese, cheese slices and cheese spreads (with or without crackers) in multiple or single serves
- dips and spreads including pesto (with or without crackers) in multiple or single serves
- tofu and tempeh
- soup which is sold cold and requires cooking or heating
- ready meals sold cold, chilled or frozen and require cooking or heating
- punnets of fruit, like berries, tomatoes, baby cucumbers, grapes, cherries, dates
- fruit and nut mixes
- fresh pasta and fresh pasta sauce
- dried meals in a container that require hot water and/or cooking (like Mac’n’Cheese, instant noodles) noting that pre-packaged EPS cups will be banned from 1 September 2025
- cooked rice, quinoa
- potato mash
- pre-prepared fruit and vegetables, like sliced mushrooms, diced pumpkin and sweet potato, cauliflower rice, melon pieces, pineapple cubes/slices, fruit salad, bean sprouts
- pre-packed deli meats.
- Pre-packaged bakery products, including:
- croissants requiring cooking/heating
- bread
- bread roll multipacks
- cakes, sponges, donuts, loafs, muffin bars, lamingtons, brownies and sponge rolls in multiple serves
- waffles.
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Who is responsible for correct use of food containers?
It is not an offence to supply a single-use plastic food container (with or without a lid) to a business in South Australia. It is recommended that any business selling plastic food containers checks with purchasers how they intend to use the container, as it is how the container is used that determines the offence.
It is an offence for a business to supply ready-to-eat takeaway food to a customer in a non-compliant food container.
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What are the options for reusable cups and containers?
Reusable options may take a number of forms including (but not limited to):
- requiring customers to bring their own food or beverage container to be filled by the business and taken away
- providing a reusable food or beverage container that can be returned to the business by the customer through a local return system or through a network of businesses
- providing a cup library where regular customers can borrow and use reusable cups and then return them
- using a reusable food or beverage container subscription scheme allowing cups to be returned to the business through a network of businesses
- creating a local reusable food or beverage container system in a precinct or at an event (for example, airports, hospitals, educational institutions, stadiums, festivals, concerts or fetes)
- encouraging customers to consume their purchases on the premises so reusable food and beverage containers can be collected and washed on-site.
For more information about encouraging and using reusable food and beverages look at the guides provided on the Plastic Free SA website.
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Bring your own (BYO) containers legislation in South Australia
In July 2022, the South Australia Civil Liability Act 1936 was changed to remove liability from food businesses such as cafés, restaurants and supermarkets when packaging and selling food to a customer in their own container. This immunity extends to all employees selling the food.
This means there is better protection for businesses that choose to accept customers’ BYO containers. However, if a customer provides an unclean BYO reusable container, it is considered reasonable to refuse to fill the container.
It is important to note that businesses are still liable if the person selling the food was negligent and sold food that was knowingly unsafe to eat, or the food was subjected to a food recall at the time of sale.
For more information go to Bring your own (BYO) containers | SA Health.
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Do I have to apply for an exemption to sell food containers, beverage containers and/or lids with EU or US compost certification until 1 March 2026?
No. The exemption is written into the regulations and no applications are required.
You must have evidence from the manufacturer that the whole product (and not just the materials it has been made from) is certified and that the certificate is valid. You may be asked by customers or the regulator (SA EPA) to provide this evidence.
The exemption for EU and US certification standards only applies until 1 March 2026.
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What happens if I submit an application to have a product certified to AS composting standards and it is not finalised before 1 March 2026?
You will not be permitted to sell the product in South Australia after 1 March 2026 until it is certified and labelled.
The transition period is being put into place to provide more than 18 months for suppliers to have their food and beverage containers and lids AS certified and clearly labelled by 1 March 2026.
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What is the determination date and how does the exemption work before 1 March 2026?
The temporary exemption until 1 March 2026 has been put into place in recognition that the process to finalise Australian Standard certification (either AS4736:2006 or AS5810:2010) can take many months.
Businesses who have submitted an application to certify their food or beverage container (the entire product, not the material it is made from) to either AS4736:2006 or AS5810:2010 will be permitted to sell that product in South Australia until the determination date.
The determination date is the date that the outcome of the application for certification to the certification body is determined, withdrawn or otherwise finalised.
For example:
A supplier submits its application to the certifying body to have its coffee cup and lid certified to AS4736:2006 on 4 August 2024. From 1 September 2024, the supplier will be permitted to sell the coffee cup and its lid to businesses in South Australia.
On 2 February 2025, the certifying body notifies the supplier the outcome of the application. This is the determination date.
If the product (both cup and lid) are certified to AS4736:2006, the supplier will be permitted to continue selling the product in South Australia. The supplier is strongly recommended to arrange for the product to be correctly labelled as soon as possible after it has been certified, in preparation for the labelling requirements coming into effect on 1 March 2026.
If the product fails to meet the certification requirements, the supplier must remove the product from sale in South Australia from 2 February 2025.
Alternatively, if the supplier decides for any reason to withdraw their application for certification, the supplier must also remove the product from sale in South Australia from the date the application is withdrawn.