hot food outlets

7/30/2019 Hot Food Outlets

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The Waste Management (Food Waste) Regulations 2009will apply rom 1 July 2010 to businesses that supply hotood or consumption on or o the premises. This will aecta range o hot ood outlets, including chip-shops and other

orms o ood take-away, as well as so-called deli-countersin petrol stations1. These provisions will also apply at manytrade shows, exhibitions, larger concerts and other publicevents.

The Regulations require all major producers o ood wasteto place it into a dedicated bin and ensure that it is notmixed with other waste. A brown bin collection service mustbe used so that the collected ood waste is subsequentlyrecycled by composting or by another approved recyclingprocess. Alternatively, organisations aected by this legislationcan transport the ood waste directly to a recycling plant orcan treat it themselves by installing a properly authorised

composting unit on the premises where the waste isgenerated.

This new legislation is designed to ensure that all majorcommercial sources o ood waste make their contributionto increasing national recycling levels. The legislation isnecessary because less than 10% o ood waste generatedby commercial businesses is presently recycled in Ireland. Inpractice this material can be recovered relatively easily.

Besides resulting in increased recycling, the purpose o the legislation is to comply with EU legislation. The LandllDirective requires all EU Member States to reduce theamount o waste sent to landll sites by a series o yearly,

and increasingly stringent, targets. A ailure to meet thesetargets may cause Ireland having to pay heavy nes due tonon-compliance with the legislation.

Key Obligations

A key requirement o the Food Waste Regulations is that oodwaste must be kept separate rom other waste. This preventsit becoming contaminated and unsuitable or recycling. Thelegislation also prevents segregated ood waste rom beingdisposed o by being sent to landll.

An business that is subject to this legislation has threealternative options or its segregated ood waste:

s The waste can be collected by a waste collector thatis oering a brown bin collection service. The collectoralways must take it to an approved plant or recycling bycomposting or by another similar process;

s The waste can be transported by the business directly toa composting plant or other type o ood waste recyclingacility; or

s The waste can be dealt by the business on-site using an

authorised composting unit.

MaceratorsSome businesses have installed ood waste maceratorsthat attach to sink units. The use o these and other similardevices to dispose o ood waste into the sewerage systemis prohibited by the Food Waste Regulations when a oodwaste collection service is available. This provision appliesirrespective o whether a discharge licence has been issuedwhich allows ood efuent to pass to a sewer. Again, this is toensure that ood waste is consigned or recycling.2

ExemptionsThe legislation contains some exemptions, many o whichaect only small-scale sources o ood waste. Theseexemptions may not apply in some areas, as local authoritiesare allowed to make by-laws to ensure that ood waste romparticular sources is also recycled. In most cases, these by-laws are available on a local authority’s web site.

The Food Waste Regulations apply to “Premises used orthe supply o hot ood or consumption both on and o the premises, including premises where the supply o suchood is subsidiary to any other commercial or retail activity,(including events prescribed under section 230 o theAct o 2000 but excluding other premises located at any

air, unair, bazaar, circus or any local event o a religious,cultural, educational, political, social, recreational or sportingcharacter where the use or such purposes does not exceed,as the case may be, a period o 10 days continuously or anaggregate o 20 days in any one year). Mobile ood outlets,such as vans and caravans, located outside the curtilageo premises so obligated shall be exempted rom therequirements o these Regulations”.

The Food Waste Regulations will apply at most trade showsand exhibitions where hot ood is supplied. In relation tooutdoor events and concerts, the legislation applies wherean event’s licence is required under the Planning andDevelopment Act. Such licences must be obtained where

5,000 or more persons are to gather or an open air concertor similar event. In addition, events which exceed theprescribed thresholds or duration and requency will also beobligated under the Regulations.

Hot Food Outlets

1: Shops, supermarkets, restaurants, cafés, canteens and other similar premises may also be subject to these Regulations and separate factsheets are available for these sectors2: See also the FAQ’s on www.foodwaste.ie



However, many other transitional events are excluded romthe Food Waste Regulations, and this includes many airs andunairs, bazaars, circuses and religious gatherings.

An exclusion may also apply to hot ood outlets situated ono-shore islands.

In order to give small businesses additional time to adjust tothe new legislation, business obligated premises specied inthe Regulations that produce less than 50 kgs o ood wasteper week may not need to comply until 1 July 2011. Suchbusinesses are required to send a written declaration o theirexemption to their local authority immediately. Once a localauthority has been notied, this exemption only lasts under 1July 2011.

This written declaration should include the ollowinginormation:

s The address o the premises;s The names o the owner and occupier;s Identication o the type o premises; s A clear statement that the premises generates less than

50 kgs o ood waste per week and;s A statement that this declaration is being made under

Article 3 o the Waste Management (Food Waste)Regulations 2009.

It should be noted that this new legislation allows a localauthority to ask or additional proo that a premises isgenerating less than 50 kgs o ood waste per week byrequesting a competent person to prepare a ood wastemanagement implementation report.

EnorcementThe Food Waste Regulations are enorced by each county councilor city council. Ofcers o such bodies are allowed to enterpremises to check that there is compliance with this legislation.Local authorities can also require businesses to explain how oodwaste generated at a particular premises is being managed. Thisrequest can take a number o dierent orms, including requiringthe submission o a ood waste management implementationreport or annual environmental report.

A ood waste management implementation report providesinormation on the use, type, quantity, origin, managementarrangements and destination o ood waste. An annual

environmental report covers matters such as the amounto ood waste generated, the quantity sent or recycling andmeasures adopted to reduce ood waste over the course o the previous year.

Inormation supplied to a local authority which is alse ormisleading is an oence under the Regulations.

Duties on Organisers o Trade Shows,Exhibitions, Concerts and OtherPublic EventsThe Food Waste Regulations make a person organising a

trade show, exhibition, concert or other event responsibleor ensuring that all hot ood outlets comply with this newlegislation. This makes it much easier to ensure that theindividual outlets that sell ood to the public segregate theirood waste and cause it to be recycled.

Besides making the event organiser responsible or ensuringthat all hot ood outlets comply, the Food Waste Regulationsrequire that person to prepare and implement a ood wastemanagement plan. Where an organiser holds a number o shows in the one year, one o these plans can suce or theentire year. Alternatively separate plans can be drawn up or

dierent shows. The purpose o the plan is to describe thearrangements that will be put in place to ensure that oodwaste is segregated and recycled.

Each ood waste management plan must be sent to the localauthority responsible or where the event is being held. Thismust be done 30 days prior to the event’s commencement.The local authority is required to determine its adequacyand revert back to the organiser i it considers the wastemanagement plan to be inadequate. In such circumstances, arevised waste management plan must be resubmitted by thatperson to the satisaction o the local authority at least within10 working days prior to the commencement o the event.

While ull details o the content o a ood waste managementplan is contained in the Food Waste Regulations, in summarythe plan is required to describe how ood will be supplied atthe event. It also must contain an estimate o the expectedquantity o ood waste and set out the arrangements or thecollection and recycling o this material.

In addition, within 28 days o the end o each event,the Food Waste Regulations require the organiser toprovide a local authority with a ood waste managementimplementation report. While only one ood wastemanagement plan need be submitted annually, a ood wastemanagement implementation report must be drawn up atereach trade show or other public event.

PenaltiesOences relating to the Food Waste Regulations usually willinvolve an oender being required to appear at the DistrictCourt. The relevant maximum penalties are a €3,000 neper oence or 12 months imprisonment (or both).

Financial SavingsThe Food Waste Regulations oer a number o potentialbenets to businesses. Studies have shown that manybusiness do not have a clear understanding o the amounto waste generated on their premises, o the circumstancesbehind its generation or o the associated costs. Unlessthey have that knowledge, it is dicult to put in placesystems aimed at reducing the cost o waste management.Accordingly, the Food Waste Regulations provide anopportunity or obligated businesses to accrue nancialsavings.

For example, businesses already using a brown bin-basedcollection service or ood waste have gathered a valuableinsight into their waste management practices. Thisinormation has led to nancial savings in many instances. Forexample:

s

Excessive quantities o ood waste may arise due to over-ordering, unnecessary meal preparation or due to poorstorage;



Foodwaste.ie is the national programme to promote the Food WasteRegulations and is an initiative of the Department of Environment,Heritage and Local Government and Cré

Disclaimer:

This document is intended to act as a helpful summary of the Waste Management (Food Waste) Regulations 2009. This document does not purport to be and should not be considered a legal interpretation of the legislation referred to herein. It is also not a substitute for legaladvice and should not be used for that purpose. Although every effort has been made to ensure the accuracy of the material contained in this publication, complete accuracy cannot be guaranteed. Neither the Department of Environment, Heritage and Local Government orCré or acknowledged parties accepts any responsibility whatsoever for loss or damage occasioned, or claimed to have been occasioned, in part or in full as a consequence of any person acting or refraining from acting, as a result of a matter contained in this publication.

Copyright - All or part of this publication may be reproduced without further permission, provided the source is acknowledged.

s A detailed investigation o ood purchasing practices may suggestimprovements, such as buying pre-prepared vegetables that areassociated with less waste and lower preparation costs;

s Better ood portion control may cause savings without aectingrelations with customers;

s

Reuse collection contracts are oten based on the number o binlits carried out, regardless o the weight o waste in each bin. Thismay not be the most economical mode o collection, with a pay-by-weight approach oering appreciable cost savings;

s Decreases in the amount o ood waste sent or disposal maycreate nancial savings by the avoidance o landll levy charges. Atpresent, the landll levy is €30/tonne; but it will rise to €50/tonne in 2011 and then to €75/tonne in 2012. This will have adirect aect on a businesses’ black bin-related waste charges;

s Other nancial savings can be accrued, such as less general wastecausing a waste compactor to be used and emptied less oten.

On Site CompostingAn option or businesses is to install an on-site composting unit totreat ood waste. There is a detailed actsheet about this onwww.oodwaste.ie

Brown Bin ServiceThere is a actsheet on www.oodwaste.ie that contains useulinormation when trying to nd a brown bin waste collector

Interesting Facts

Food waste is typically the largest waste stream in ast ood outlets.The Environmental Protection Agency did waste characterisationstudies o three dierent ast ood outlets. Food waste accounted or

approximately 50% o the total waste.

GuidanceThe website www.oodwaste.ie contains urther inormation about theFood Waste Regulations. This includes:

s A ull copy o the legislation;

s A set o ‘requently asked questions’ on the regulationsproduced by the Department o Environment, Heritage and LocalGovernment.

s Environmental Protection Agency’s ood waste prevention guideor businesses “Less Food Waste-More Prot”.

Overall, many businesses and other organisations have learnt that,with a simple change in behaviour by collecting ood waste in aseparate bin and not sending it to landll, they can achieve manypositive benets which enable them to be both more nanciallycompetitive and environmentally responsible.

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