LEGISLATION
UK Food Waste Legislation: What Businesses Must Do
The UK now has binding legislation requiring most businesses to separate food waste from their other waste streams. In England, this obligation came into force on 31 March 2025 for businesses above the micro-firm threshold. Scotland has had equivalent requirements since 2014. Wales followed in April 2024.
If your business produces food waste – and almost every business does – this guide explains exactly what the law requires, who it applies to, how it is enforced, and what you need to do to comply.
What Is the UK Food Waste Legislation?
Food waste legislation in the UK refers to the set of regulations that require businesses, public sector bodies, and other non-domestic premises to separate food waste from general waste and dry recyclables, and to ensure it is collected and treated appropriately rather than sent to landfill.
In England, the primary legislation is the Separation of Waste (England) Regulations 2024 (SI 2024/666), made under Section 160A of the Environmental Protection Act 1990 as amended by the Environment Act 2021. These regulations – part of the government’s Simpler Recycling programme – came into force on 31 March 2025 for the majority of businesses.
The Simpler Recycling regulations cover the separation of six recyclable waste streams in total. Food waste is one of them – but its requirements are distinct enough, and the consequences of getting it wrong significant enough, that they warrant separate attention.
Who Must Comply – and When?
England
| Business Type | Deadline |
|---|---|
| Businesses and non-domestic premises with 10 or more full-time equivalent employees | 31 March 2025 |
| Micro-firms with fewer than 10 full-time equivalent employees | 31 March 2027 |
The 10 FTE threshold determines which deadline applies, not which obligation. Once the relevant deadline passes, all businesses above the micro-firm threshold must comply – there is no phased approach based on sector or waste volume.
For FTE calculations, part-time employees are counted on a pro-rata basis. Contractors and self-employed individuals working on-site do not count towards the total.
Important
The Separation of Waste (England) Regulations 2025 amended the original 2024 regulations to formalise the micro-firm exemption and permit greater flexibility in how co-mingled recyclables are collected – but the food waste obligation itself remains unchanged.
Scotland and Wales
Scotland and Wales have had their own food waste separation requirements in place for some time, with different thresholds and scope. See the devolved nations section below for full details.
Is There a Minimum Amount of Food Waste That Triggers the Requirement?
In England: no. This is one of the most widely misreported aspects of the legislation. A number of sources claim a “5 kilogram per week” minimum threshold applies – but this is incorrect for England. The official GOV.UK guidance is explicit:
“You must collect food waste, even if the workplace does not serve food or have a kitchen. This rule applies no matter how little food waste you have.”
If your business generates any food waste – even a small amount of kitchen scraps from a staff room – you are required to separate it for collection. There is no de minimis exemption based on volume.
Warning
This is a significant difference from Scotland, where a 5 kg per week threshold does apply, and Wales, where it also applies. Businesses in England should not rely on advice written for devolved nations.
What Counts as Food Waste?
The Separation of Waste (England) Regulations 2024 define the food waste stream as:
- All food intended for human or household pet consumption, regardless of whether it has any nutritional value
- Biodegradable material resulting from the processing or preparation of food and drink, including inedible food parts
In practice, this means food waste includes:
- Fruit and vegetable peelings, cores, and skins
- Bones and meat scraps
- Eggshells
- Bread, dairy products, and cooked food
- Coffee grounds and tea bags
- Food that is past its use-by date
- Customer plate waste and staff meal leftovers
- Preparation offcuts and trimmings
What Does Compliance Look Like in Practice?
To comply with the food waste legislation, businesses must:
1. Separate food waste at source
Food waste must be kept separate from:
- General (residual) waste
- Dry recyclables (paper, card, glass, metal, plastic)
- Garden and green waste
This means having a dedicated food waste container – typically a sealed caddy or bin – at the point of generation, whether in a kitchen, cafe, staff room, or production area.
2. Arrange collection by an authorised waste carrier
Food waste must be collected by a waste carrier registered with the Environment Agency. Before engaging any food waste collection service, verify that the carrier holds a valid registration. For further detail on registration requirements, see our guide to waste carrier licence requirements.
GOV.UK guidance recommends weekly or fortnightly collection to control odours and pests. Food waste should not be stored for longer than two weeks.
3. Complete waste transfer documentation
Every transfer of food waste must be accompanied by a waste transfer note – the same documentation requirement that applies to all controlled waste transfers under your waste duty of care obligations in Section 34 of the Environmental Protection Act 1990. See our guide to waste transfer notes for a full explanation of what these must contain and how long they must be kept.
4. Consider on-site treatment (where appropriate)
On-site composting is a permitted alternative to separate collection – provided the facility meets the regulatory requirements for an environmental permit or registered exemption under the Environmental Permitting (England and Wales) Regulations 2016. This option is most practical for larger sites such as food manufacturers, hospitality venues, or institutional premises with space and throughput to justify it.
What Happens to Collected Food Waste?
Collected food waste is directed to one of two main treatment routes:
Anaerobic digestion (AD) is the government’s preferred treatment pathway. Food waste is broken down by microorganisms in the absence of oxygen, generating biogas (used to produce electricity or heat, or refined into biomethane for injection into the gas grid) and digestate (a nutrient-rich material used as agricultural fertiliser). AD represents the highest-value recovery route for food waste, keeping energy and nutrients in productive use.
In-vessel composting (IVC) is an enclosed process that produces compost for use in agriculture or horticulture. It is particularly suitable for mixed food and garden waste. Open windrow composting is also used for garden waste and some food waste depending on composition and permit conditions.
Under both the Scottish regulations and the Wales regulations, separately collected food waste cannot be sent to landfill or incineration. England’s regulations do not yet contain an equivalent statutory ban on landfilling separately collected food waste, but government policy strongly discourages it.
How Is the Food Waste Legislation Enforced in England?
Enforcement is the responsibility of the Environment Agency (EA). The enforcement process follows a graduated approach:
- Compliance notice – if the EA determines that a business is not complying, it may issue a compliance notice specifying what steps must be taken and by when
- Criminal offence – failing to comply with a compliance notice is a criminal offence, with enforcement taken in line with the EA’s Enforcement and Sanctions policy
- Third-party reporting – any person can report a non-compliant business or private waste collector to the Environment Agency
The GOV.UK guidance also notes that enforcement obligations extend beyond business owners: landlords and facilities management companies that present waste on behalf of occupiers can also receive compliance notices.
Waste collectors may include contractual clauses permitting them to refuse collection or charge additional fees where waste is poorly separated or heavily contaminated.
Scotland, Wales and Northern Ireland
Scotland
Scotland has required food waste separation by certain businesses since 2014, under the Waste (Scotland) Regulations 2012 (SSI 2012/148). Scotland’s approach is more targeted than England’s:
- The food waste requirement applies specifically to food businesses – defined as any undertaking involved in the processing, distribution, preparation, or sale of food. Businesses that only prepare and sell drinks are not classed as food businesses under the Scottish definition.
- Food businesses in urban areas generating more than 5 kilograms of food waste per week must separate food waste for separate collection.
- Businesses in rural areas (as classified by the Scottish Government Urban Rural Classification) are exempt from the food waste separation requirement.
- Where separate food waste collections are available, it is illegal to dispose of food waste to sewer – including via macerators or enzymatic digesters.
- Separately collected food waste (and dry recyclables) cannot go to landfill or incineration, with that ban in effect since January 2014.
Enforcement is shared between SEPA (Scottish Environment Protection Agency) and local authorities.
Wales
Wales introduced mandatory workplace recycling separation requirements through the Waste Separation Requirements (Wales) Regulations 2023, which came into force on 6 April 2024. Key provisions:
- Food waste must be separated for collection at premises generating more than 5 kilograms per week
- The ban on disposing of food waste to sewer from non-domestic premises is enforced via the Prohibition on Disposal of Food Waste to Sewer (Civil Sanctions) (Wales) Order 2023
- Hospitals received a two-year exemption from the separation requirements, expiring on 5 April 2026, after which hospitals must also comply
- Enforcement is carried out by Natural Resources Wales (NRW) and local authorities; non-compliance can result in a fine
Northern Ireland
Northern Ireland does not have equivalent mandatory food waste separation legislation for businesses at present. Businesses in Northern Ireland should consult the Northern Ireland Environment Agency (NIEA) and Arc21 for current guidance on food waste disposal obligations.
Comparison: Food Waste Separation Rules Across the UK
| England | Scotland | Wales | |
|---|---|---|---|
| Legislation | Separation of Waste (England) Regulations 2024 | Waste (Scotland) Regulations 2012 | Waste Separation Requirements (Wales) Regulations 2023 |
| In force | 31 March 2025 | 2014 (phased) | 6 April 2024 |
| Minimum weight threshold | None – applies regardless of quantity | 5 kg/week (urban food businesses) | 5 kg/week |
| Applies to | All businesses (10+ FTE by 2025; micro-firms by 2027) | Food businesses in urban areas | All non-domestic premises |
| Rural exemption | No | Yes | Not specified |
| Sewer disposal ban | No statutory ban currently | Yes – where collections available | Yes |
| Enforcer | Environment Agency | SEPA + local authorities | NRW + local authorities |
Frequently Asked Questions
Does my business have to separate food waste?
In England, if your business has 10 or more full-time equivalent employees, you were required to separate food waste from 31 March 2025. Micro-firms with fewer than 10 FTE have until 31 March 2027. In Scotland, the requirement applies to food businesses generating more than 5 kg per week in urban areas (since 2014). In Wales, the requirement applies to premises generating more than 5 kg per week, in force from 6 April 2024.
Is there a minimum amount of food waste that triggers the requirement in England?
No. The official GOV.UK guidance states explicitly that the requirement applies “no matter how little food waste you have” – even if your workplace does not serve food or have a dedicated kitchen. This is a common misconception: the 5 kg per week threshold applies in Scotland and Wales, but not in England.
What counts as food waste under the regulations?
Food waste includes all food intended for human or pet consumption, plus biodegradable material from food and drink preparation – including fruit and vegetable peelings, bones, eggshells, coffee grounds, tea bags, bread, cooked food, and any food past its use-by date.
Can I compost food waste on-site instead of arranging a separate collection?
Yes – on-site composting is permitted as an alternative, provided the composting activity is covered by an appropriate environmental permit or registered exemption under the Environmental Permitting (England and Wales) Regulations 2016. This option is best suited to sites with significant and consistent throughput of food waste. Most businesses will find it simpler and more cost-effective to use a licensed collection service.
What happens to food waste once it is collected?
Collected food waste is typically sent for anaerobic digestion, producing biogas (a renewable energy source) and digestate (used as agricultural fertiliser). Alternatively, it may go for in-vessel composting to produce compost. Both routes divert food waste from landfill and recover value from organic materials.
Who collects food waste – can any waste carrier do it?
No. Food waste must be collected by a waste carrier registered with the Environment Agency. Some carriers specialise in food waste and will have the appropriate vehicles and treatment contracts in place. Before signing any food waste collection contract, verify the carrier’s registration status on the EA’s public register.
What are the penalties for not complying with food waste legislation?
In England, the Environment Agency can issue a compliance notice requiring action within a specified timeframe. It is a criminal offence to fail to comply with a compliance notice, with enforcement taken under the EA’s Enforcement and Sanctions policy. In Wales, non-compliance with the Waste Separation Requirements can result in a fine. In Scotland, failure to comply with the Waste (Scotland) Regulations 2012 can result in financial penalties issued by SEPA or local authorities.
Does the requirement apply to businesses that don’t work in the food industry?
In England, yes – the requirement applies to all businesses regardless of sector. GOV.UK guidance explicitly states the requirement applies even if the workplace does not serve food. In Scotland, the food waste obligation is limited to “food businesses” – those involved in processing, distribution, preparation, or sale of food – so an office that only has a small staff kitchen would not typically be captured. Scotland’s scope is narrower than England’s in this respect.