As part of the UK government's wider push toward environmental sustainability, new regulations on food waste separation have come into force for businesses in England. From 31 March 2025, organisations that produce food waste are legally required to separate it from other types of waste and arrange appropriate collection. This change stems from the Environment Act 2021 and represents a significant shift in how businesses must manage their environmental responsibilities.
At Stephensons, our regulatory specialists are here to help businesses understand and adapt to these changes — including what the rules entail, who is affected, and the potential consequences of non-compliance.
What’s changing?
Under Section 57 of the Environment Act 2021, all non-domestic premises that generate food waste must:
- Separate food waste from general and dry recyclable waste
- Store food waste in separate, clearly labelled containers
- Arrange collection by a licenced waste carrier
This applies to a broad range of businesses and organisations — including restaurants, cafés, hotels, schools, hospitals, care homes, and offices regardless of size or sector. The only exception is for micro-businesses (those with fewer than 10 full-time employees), which have been granted a grace period and will not need to comply until 31 March 2027.
The aim of the legislation is to reduce the volume of food waste sent to landfill — a practice that significantly contributes to methane emissions and climate change. By mandating separation, the government aims to encourage the processing of food waste through more sustainable methods, such as anaerobic digestion, which generates renewable energy and fertiliser.
What is considered food waste?
While there is no singular statutory definition, the Separation of Waste (England) Regulations 2024 describe food waste as “biodegradable material resulting from the processing or preparation of food and drink”. This includes both edible and inedible items, such as:
- Fruit and vegetable peelings
- Eggshells and bones
- Coffee grounds and tea bags
- Spoiled or uneaten food
Businesses must also segregate other types of waste, including dry recyclables (paper, cardboard, glass, plastic, and metal), as part of broader waste management reform.
What are the penalties for non-compliance?
The regulations are mandatory, and failure to comply could result in enforcement action, financial penalties, or potentially prosecution. From April 2025, members of the public and regulatory bodies will be able to report non-compliant organisations. This makes it essential for businesses to take visible and measurable steps toward compliance.
It is also important to note that businesses remain legally responsible for their waste even after it leaves the premises. Engaging an unlicensed waste carrier or failing to ensure legal disposal could result in liability, including fines and criminal sanctions.
What should businesses do now?
As of 31 March 2025, the new food waste separation regulations are now in force. All applicable businesses must ensure they are meeting their legal obligations to separate food waste and arrange collection by a licenced carrier. Non-compliance could lead to enforcement action or reputational damage. If you are unsure whether your current waste processes meet the required standard, we recommend seeking professional advice to review your arrangements and address any gaps as soon as possible.
Our regulatory team supports businesses in understanding and complying with environmental obligations. If you are unsure about your responsibilities, or need advice we can help you implement the necessary processes to remain compliant and avoid penalties. To speak with a member of our team, please contact us on 0161 696 6250 today.
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