Household food waste
collections guide
Appendix D: Legal requirements for the bulking and
haulage of food waste
Contents
D.1
Specific requirements ....................................................................................................... 1
D.2
Environmental permit/ waste management licence requirements ........................... 6
D.1
Specific requirements
1.1
Food waste from households, as well as food waste from restaurants and
catering facilities, is termed ‘catering waste’ under Regulation (EC) No 1069/2009
(Animal By-Products Regulation; ABPR). The aim of this Regulation, which was
introduced across Europe following the foot and mouth disease outbreak in
2001, is to prevent animal by-products (ABP) from presenting a risk to animal or
public health through the transmission of disease.
Regulation (EC) No 1069/2009 was implemented under domestic law in the UK by
each of the four home nations. The regulations are:
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England – Animal By-Products (Enforcement) (England) Regulations 2011
Scotland – Animal By-Products (Enforcement)(Scotland) Regulations 2011
Wales – Animal By-Products (Enforcement) (No.2) (Wales) Regulations 2011
Northern Ireland – Animal By-Products (Enforcement) (Northern Ireland)
Regulations 2011
As each of the home nations has legislative power for this area, the
implementation of the Regulations in each of the home nations is very similar.
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The key difference in the context of this guide being the enforcement authority
and their requirements. The enforcement authorities are:
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England and Wales – Animal and Plant Health Agency (APHA)
Scotland – APHA and the Scottish Government
Northern Ireland – Department of Agriculture and Rural Development (DARD)
1.2
Food waste becomes an ABP when it is no longer fit or intended for human
consumption, e.g. past its sell by or use by date, or because it is damaged or
contaminated. Food waste from households, as well as that from restaurants
and catering facilities, is classed as Category 3 material under the ABPR and is
termed ‘catering waste’. Catering waste is in the scope of ABP controls if it is
going for composting, anaerobic digestion or processing or might otherwise
enter the animal feed chain
1.3
Bulk transport of ABP as a dedicated part of an already approved operation, as
outlined in paragraph 1.6, does not require a separate registration of the
transport operation. However, all independent transporters that wish to
transport ABPs must be registered with the appropriate authority listed above.
The application forms for organisations wishing to register as an approved
transporter are available from:
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1.4
England, Scotland and Wales (AB117):
www.gov.uk/government/publications/approval-of-sites-using-animal-byproducts-registration
Northern Ireland (ABPR 7): www.dardni.gov.uk/publications/animal-productsapplications
When catering waste is in the scope of the ABPR, a commercial document is
required for its transfer from the bulking facility to the composting or biogas
plant.
For waste transferred to a bulking facility, a waste transfer note containing
sufficient information on the material being transferred. A clear description of
the waste including type of ABPR as well as the appropriate List of Waste Code is
sufficient for non-household sources, i.e. commercial waste.
Further guidance on the requirements for commercial documents can be
obtained from:
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England, Scotland and Wales: www.gov.uk/guidance/animal-by-productcategories-site-approval-hygiene-and-disposal#keeping-records-and-labelling
Northern Ireland: www.dardni.gov.uk/publications/transport-documents-andrecords
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1.5
Further guidance on the requirements for transporting ABP is available from:
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England, Scotland and Wales: www.gov.uk/transporting-animal-by-products
Northern Ireland: www.dardni.gov.uk/index/animal-health/animal-byproducts/animal-by-products-guidance-documents/registration-transporthandling-and-storage.htm
Additional guidance on Duty of Care requirements can be obtained from the
appropriate regulator:
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1.6
England – Environment Agency
(www.gov.uk/government/organisations/environment-agency);
Northern Ireland – Northern Ireland Environment Agency (NIEA)
(www.doeni.gov.uk);
Scotland – Scottish Environment Protection Agency (SEPA) (www.sepa.org.uk);
and
Wales – National Resources Wales (https://naturalresources.wales).
The EU ABPR state that operators shall collect, transport and dispose of Category
3 catering waste in accordance with national rules under the Waste Framework
Directive.
In England (and Wales), this is as interpreted to mean that waste transfer stations
do not additionally need to be approved as ‘handling/ storage plants’ under the
ABPR.
In Scotland, waste transfer stations accepting ABP must be approved by the
Scottish Government.1 If you wish to accept ABP at your site, contact the relevant
enforcement authority (Scottish Government). You will be required to complete
an application form which will contain the following information:
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category of ABP under your control;
details relating to the premises where it is proposed that ABPs will be
handled/ stored; and
details relating to the handling/ storage.
This application form (ABPR3) is available from:
www.scotland.gov.uk/Resource/Doc/931/0093228.pdf
In all cases, however, it is desirable that waste transfer stations should meet the
principles of the ABPR in addition to their environmental permit or waste
management licence.
1
Note that application is submitted to APHA and the approval is granted by the Scottish Government.
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1.7
The EC ABPR requires all handling and storage facilities to:
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be adequately separated from thoroughfares through which contamination
could spread;
have a covered space to receive ABP;
be constructed in a manner that allows easy cleaning and disinfection, and
floors which facilitate the draining of liquids to a controlled sewer;
have arrangements in place for protection against pests (insects, rodents,
birds, etc.);
provide adequate facilities for staff (toilets, changing rooms, washbasins, etc.);
have means to control the temperature of the stored material (not required
where food waste is destined for composting or anaerobic digestion facilities);
have facilities for the cleansing and disinfection of vehicles and containers
used for the transportation of ABP; and
ensure ABP are stored and handled separately from other materials.
The Regulation requires ABP to be handled in a covered space, i.e. a permanent,
weather-proof, vermin-proof facility with a roof, walls and a floor. It must be of
solid construction and be operated in a way that prevents the entry of birds, rats,
mice and flies.
Containers located outside can be used provided that:
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they are of a suitable size to handle the quantity of ABP the facility receives;
all ABP are received directly from the collection vehicle into the container and
not received from material deposited on the floor ;
all ABP are stored securely within a weather-proof and vermin-proof
container;
containers must be suitable to allow easy cleansing and disinfection;
spillages and washings from cleansing and disinfection are contained and
collected within the container, or drained from the container in a controlled
manner to sewer or to an interim storage tank (drainage onto surrounding
ground is not acceptable); and
there are facilities for disinfecting vehicle wheels.
If loading and unloading is not possible inside the covered space, the inspecting
officer may allow the vehicle to be ‘docked’ with the building and the ABP
transferred under cover directly to or from the building. Alternatively, provided
the inspecting officer is satisfied that the unloading or loading is not a major
hazard, the officer may agree to it taking place outside in limited and tightly
controlled circumstances. In such cases, suitable procedures must be in place to
ensure the process can be done without significant risk to public or animal
health.
If outside loading and unloading is allowed, the facility must meet the following
requirements.
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It must have an impervious yard, which allows for easy cleansing and
disinfection with discharge to a foul water drainage system.
Vehicles must park on the impervious yard as close as possible to the door of
the building, and movements of ABP must be confined to the impervious yard
and building.
Unloading/ loading must be carried out as rapidly as possible.
Clean-up procedures must in place in case of spillage to clear the site
immediately.
Transfer between the vehicle and building/ container must take place without
delay.
In some cases, the inspecting officer may allow ABP to be transferred to an
external skip or container pending its collection where the officer is satisfied that
the additional risk to human or animal health is minimised. Examples of
appropriate containers are shown in Figure D.1. It is recommended that the
enforcing authority is contacted to agree the types to be used. Containers with a
tarpaulin cover are unlikely to be considered good practice, and are only likely to
be considered appropriate where the loading and unloading operation takes
place within a building.
Figure D.1 Covered containers with integral lids to provide full weather protection
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D.2
Environmental permit/ waste management licence requirements
Permitting and licensing arrangements vary between the home nations. The boxes
below provide relevant information by nation.
England and Wales
Collected food waste is a controlled waste and so waste transfer stations require an
environmental permit for their operation issued by the Environment Agency. This can
be a standard rules permit or a bespoke permit.
A standard rules permit is the quickest and cheapest means of obtaining permission.
However, this type of permit does not allow the rules contained within the permit to be
varied, i.e. the quantity of material permitted at the site and the types of material
accepted at the site. The type of standard rules permit available depends on whether or
not a building is used for activities associated with the waste.
A standard rules permit where the bulking, transfer and treatment operation takes
place inside the building requires the waste to be stored inside the building or within a
secure container, and on an impermeable surface with sealed drainage or a sealed
storage tank.
A standard rules permit which allows the bulking, transfer and treatment operation to
take place outside stipulates that waste is stored (and treatment occurs) on
hardstanding or an impermeable surface with sealed drainage. Although the
Environment Agency may, in some cases, allow biodegradable waste to be handled and
stored outside, the need to meet the requirements of ABPR means that food waste
must be stored in secure containers that prevent access by vermin.
A facility that is unable to comply with the requirements of the standard rules permits,
or requires increased flexibility in its environmental permit, will require a bespoke
permit. Like the standard rules permit, a bespoke permit can allow waste to be stored
internally or externally.
The Environment Agency does not stipulate a maximum retention time for which
collected food waste can be stored at a site. But under both the standard rules and
bespoke permits, if odour becomes an issue at the site, it can require the operator to
produce an odour management plan (see Appendix I for a template).
Further guidance on environmental permits is available from:
www.gov.uk/environmental-permit-how-to-apply/overview
https://naturalresources.wales/apply-for-a-permit/waste/waste-permitting/?lang=en
Northern Ireland
Waste transfer stations require a waste management licence from the Northern Ireland
Environment Agency (NIEA). NIEA also allows waste to be stored internally or externally.
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As the requirements of the ABPR also apply, collected food waste handled and stored at
waste transfer stations must be stored in secure containers that prevent access by
vermin. If odour becomes an issue at the site, the NIEA can require the operator to
produce an odour management plan.
Further guidance on waste management licensing requirements is available from:
www.doeni.gov.uk/articles/waste-management-licensing
Scotland
In addition to the approval required by the Scottish Government because collected food
waste is a controlled waste, waste transfer stations also require a waste management
licence for their operation from SEPA.
SEPA will, in some cases, allow biodegradable waste to be handled and stored outside.
However, to meet ABPR requirements, food waste handled and stored at waste transfer
stations must be stored in secure containers that prevent access by vermin.
Further guidance on waste management licensing requirements is available from:
www.sepa.org.uk/regulations/authorisations-and-permits/
Project code: RCY114-001
Date: February 2016
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