New food waste legislation due next year

New commercial food waste legislation comes into force at the end of March 2025 affecting all fish and chip shops producing more than 5kg of food waste per week.  

The new law means that businesses will have to separate food waste from other waste streams. Companies must store waste food in separate bins and arrange for its collection by licensed waste carriers.

The move is part of Defra’s simpler recycling plans that aim to improve recycling rates, simplify waste management, and benefit the environment. Mandatory food waste separation should ensure less waste food makes its way to landfill sites and is instead disposed of responsibly.

The new food waste legislation in the UK is part of a legal statutory instrument to standardise recycling across England. This is the Environment Act 2021 (Commencement No. 9 and Transitional Provisions) Regulations 2024. It focuses on changing waste separation and collection requirements for domestic and non-domestic premises. Put simply – most businesses will have to arrange separate food waste collections.

Any business in England that produces more than 5kg of food waste per week must arrange separate collections by licensed waste carriers. This includes any biodegradable material waste produced from processing or preparing food – including inedible parts like bones, eggshells, fruit and vegetable skins, tea bags, and coffee grounds.

According to the official government response, the preference is for food waste to go for anaerobic digestion treatment. This is because it generates biofuel and digestate from unavoidable waste food. Biofuel can be used for energy while digestate is spread on land to recycle nutrients and help form a circular economy.

Fish and chip shops will have until 31st March 2025 to comply with the new law. However, those with less than 10 employees have until 2027 to comply. Until then, these business can still dispose of food scraps and leftovers in general waste bins. However, separating food waste is advisable where possible for companies of any size and industry.

The UK government aims to eliminate food waste from landfill by 2030. It’s hoped that this new legislation can drive England towards that target, as it also covers changes to food waste collections from homes. Wales and Scotland already have their own food waste legislation in place.

Mark Hall, co-founder of BusinessWaste.co.uk, calls the move a “big win for the environment” adding: “We are geared up to help businesses comply with these regulations, ensuring a smoother transition to greener waste management practices.”