Commercial Food Waste Regulations Enforcement

1. What is commercial food waste?
2. What do the regulations mean for my business?
3. What are specified premises
4. Obligations of the regulations on food waste producers

In order to implement the EU Landfill Directive the Waste Management (Food Waste) Regulations 2009 (S.I. No. 508 of 2009) came into effect on:

• 1st July 2010, for premises that produce greater than 50kg of food waste per week, and
• 1st July 2011, for premises that produce less than 50kg of food waste per week, subject to the submission of a written declaration to the local authority, by 1st July 2010.

The derogation for premises that produce less than 50kg of food waste per week has now lapsed and consequently all Scheduled premises are now required to comply with the Commercial Food Waste Regulations.

What is commercial food waste?

According to the Regulations, there is a clear legal definition of what commercial food waste is. However, for general guidance purposes commercial food wastes may be described as waste food items origination from restaurants, catering facilities and kitchens. Commercial food wastes may also include former food stuffs, which include products of animal origin that are no longer fit for human consumption for reasons such as expired use by dates, or manufacturing or packaging defects.

What do the regulations mean for my business?

Each specified premises is not allowed to dispose of food waste to landfill instead:

• All food waste arising on the premises will be need to be segregated and kept separate from other waste and contamination,
• Such segregated food waste will have to be treated in an authorised treatment process either:
  1. On site or
  2. Collected by an authorised collector the waste collector should be authorised to collect catering waste EWC code 20 01 08
  3. Brought by the producer to an authorised facility.

Note: If a producer composts on site or transfers food waste directly to an authorised facility all reasonable steps shall be taken to minimise the creation of odours and nuisance.

What are specified premises

Specified Premises include (Refer to Schedule 1 of the Commercial Food Waste Regulations for full details):

• Premises that supply hot food for eating on or off the premises, including where this is just subsidiary activity
• Pubs where food is supplied
• Premises where food is supplied to employees
• Hotels guest houses and hostels with >4 guest bedrooms
• Shops or supermarkets selling food including sandwiches or hot food including where this is just a subsidiary activity
• Restaurants cafes bistros wine bars etc where food is prepared on the premises
• Hospitals nursing homes etc where food is prepare on the premises
• Schools colleges, higher level institutions training centres etc where food is prepared on the premises
• State buildings where food is prepared on the premises, including barracks, government departments, local authorities, etc.

In addition organisers of trade shows, exhibitions and events where food is supplied must prepare Food Waste Management Plan(s) before and Food Waste Management Implementation Report(s) after the events on their provisions made and implemented in order to comply with these Regulations.

Obligations of the regulations on food waste producers

• Segregate food waste at source	A food waste producer must ensure that all food waste arising at a premises is segregated at source and kept separate from other non-biodegradable wastes and contaminants such as packaging, plastics, cardboard, metals, glass along with residual or black-bin waste.
  Ensure that segregated food waste is kept separated from other waste streams	Once a producer has ensured that food waste has been segregated, i.e. kept separate from other waste streams, it is important that these waste streams are not re-mixed or contaminated with other waste.  In practice this means that a business must ensure that once the food was has segregated, the waste must only be stored in designated bins pending collection. Segregated food waste cannot be mixed with other waste streams, such as recyclables (cardboard, plastic, metals, glass), or with other 'residual' waste that is destined for disposal.  Therefore, it is important that a business utilise a 3 bin system, and ensure that any staff understand the importance of correct separation and storage of waste, pending collection.
  Ensure food waste is not directed for disposal	Once food waste has been correctly segregated, it is important that the waste is stored in an appropriate and clearly demarked bin (typically a brown bin) pending collection by an authorised waste collector. Through the use of the brown bin system, this will ensure that segregated food waste is correctly directed for recovery at a compost facility or similiar, and not directed to landfill for disposal.
  Ban on the use of macerators and similar devices in commercial kitchens	The regulations strictly ban the use of macerators or similar mechanical devices which are designed to shred and hydrate food wastes that are then discharged to sewers. Any kitchens or premises using such devices must cease this practice immediately and ensure that food waste arising at that premises is only managed in the manner outlined in the above points.

Additional information is available on www.foodwaste.ie

S.I. No. 508/2009 - Waste Management (Food Waste) Regulations 2009 (irishstatutebook.ie)

S.I. No. 190/2015 - Waste Management (Food Waste) (Amendment) Regulations 2015. (irishstatutebook.ie)

Further information.

For more information phone the environment section at 057 866 4000 or email environmentadmin@laoiscoco.ie