Waste Management (Food Waste) Regulations, 2009

• Jurisdiction: Ireland
• Citation: IR SI 508/2009
• Year: 2009

INDEX

PART I

PRELIMINARY AND GENERAL

1. Citation

2. Interpretation

3. Scope of Regulations

4. Entry into force

5. Transitional arrangements

PART II

SEGREGATION AND PROCESSING OF FOOD WASTE

6. Food safety and hygiene

7. Food waste arising on a producer’s premises

8. Handling and prohibition on contamination of food waste before and after collection

9. Requirement to use a segregated collection service for food waste

10. Trade Shows, Exhibitions and Events

11. Food Waste Management Plans

12. Power of a local authority to require submission of information

13. Offences

14. Liability of persons other than the principal offender

PART III

MISCELLANEOUS AMENDMENTS

15. Amendment to the Collection Permit Regulations

16. Amendment to the Facility Permit Regulations

SCHEDULE 1

CLASSES OF PREMISES WHERE PRODUCERS OF FOOD WASTE ARE SUBJECT TO REGULATIONS 6 TO 14

SCHEDULE 2

INFORMATION TO BE PROVIDED IN FOOD WASTE MANAGEMENT PLANS AND FOOD WASTE MANAGEMENT IMPLEMENTATION REPORTS IN ACCORDANCE WITH REGULATIONS 11 AND 12

S.I. No. 508 of 2009

WASTE MANAGEMENT (FOOD WASTE) REGULATIONS 2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 18th December, 2009.

I, JOHN GORMLEY, Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on me by sections 7, 18, 28, 29, 34, 36, 38 and 39 of the Waste Management Acts 1996 to 2008 hereby make the following regulations:

PART I PRELIMINARY AND GENERAL

Citation

1. These Regulations may be cited as the Waste Management (Food Waste) Regulations 2009.

Interpretation

2. (1) In these Regulations, any reference to a Regulation or Schedule that is not otherwise identified is a reference to a Regulation of, or Schedule to, these Regulations.

(2) In these Regulations, any reference to a paragraph or subparagraph that is not otherwise identified is a reference to the paragraph or subparagraph of the provision in which the reference occurs.

(3) In these Regulations, save where the context otherwise requires—

“Act” means the Waste Management Acts 1996 to 2008;

“Act of 1992” means the Environmental Protection Agency Act 1992 (No. 7 of 1992) as amended by Part 2 of the Protection of the Environment Act 2003 (No. 27 of 2003) and Section 107 of the Water Services Act 2007 (No. 30 of 2007);

“Act of 2000” means the Planning and Development Acts 2000 to 2009;

“any Minister of the Government concerned” means any Minister of the Government (other than the Minister) who, having regard to the functions vested in him or her, in the opinion of the Minister might be concerned with or interested in the matter in question;

“Agency” means the Environmental Protection Agency established under section 19 of the Act of 1992;

“animal by-products” have the meaning assigned to them by article 2 of Regulation 1774 and by article 3 of Regulation 1069;

“authorised facility”, for the purposes of these Regulations, shall mean a facility that is authorised for the treatment of waste in accordance with—

(a) section 39 of the Act or section 82 of the Act of 1992 for the acceptance of food waste; and

(b) planning requirements, other than where—

(i) an exemption from planning permission has been issued for the facility through a declaration by a planning authority under section 5 of the Act of 2000, or

(ii) the facility does not constitute an unauthorised structure within the meaning of section 2 of the Act of 2000;

and, where appropriate,

(c) Part 4 of the European Communities (Transmissible Spongiform Encephalopathies and Animal By-Products) Regulations 2008 1 to accept and treat the relevant types of food waste;

“authorised person” means a person who is appointed in writing by—

(a) a local authority,

(b) any Minister of the Government concerned,

(c) the Agency,

(d) the Commissioner of the Garda Síochána (or a member of the Garda Síochána nominated by that Commissioner for the purposes of appointing authorised persons under the Act),

(e) the Minister for Agriculture, Fisheries and Food,

(f) the Sea Fisheries Protection Authority,

(g) the Health Service Executive,

(h) the Food Safety Authority of Ireland, or

(i) such other person as may be prescribed, to be an authorised person for the purposes of some or all of these Regulations;

“authorised treatment process”, for the purposes of these Regulations, shall mean—

(a) processing, transformation or use as raw material in an authorised facility, other than incineration, which

(i) produces a stabilised output, which fulfils all relevant product, environmental and health protection requirements for the specific use, and

(ii) will not lead to overall adverse environmental or human health impacts when used principally as—

— a fertiliser, or

— a soil improver, or

— a replacement for fossil fuel in energy production processes, or

— a petfood, or

— such other lawful use, other than disposal, as may be approved by the Agency.

(b) Where the Agency certifies that adequate processing facilities under (a) are not available, treatment in other authorised facilities;

“authorised waste collector” means a local authority or, as the case may be, a person authorised under section 34 of the Act to collect the relevant classes of food waste and organic waste;

“catering waste” means all waste food including used cooking oil originating in restaurants, catering facilities and kitchens, including central kitchens and household kitchens;

“certificate of registration” means a certificate of registration issued under the Facility Permit Regulations or the Waste Management (Permit) Regulations 1998 2 ;

“Collection Permit Regulations” means the Waste Management (Collection Permit) Regulations 2007 3 as amended by the Waste Management (Collection Permit) (Amendment) Regulations 2008 4 ;

“competent authority” means the authority responsible for the supervision and enforcement of the relevant regulatory requirements within these Regulations and includes, as the case may be, a local authority, the Agency, Department of Agriculture, Fisheries and Food, or, where appropriate, other Government Departments or Agencies;

“competent person”, for the purposes of compiling a food waste management plan or a food waste management implementation report, means a person with knowledge of the responsibilities and requirements for the management of food waste that derive from these Regulations and who is competent, on the basis of appropriate education, training and/or experience, to document the necessary tasks and steps to be undertaken to meet these obligations;

“contaminate”, for the purposes of these Regulations, means the direct or indirect introduction of other wastes or substances or preparations to food waste so as to render it unsuitable for authorised treatment, or to diminish the quality of end product and “contaminated” and “contaminant” shall be construed accordingly;

“Directive 1999/31/EC” means Council Directive 1999/31/EC 5 of 26 April 1999 on the landfill of waste;

“Directive 2006/12/EC” means Directive 2006/12/EC 6 of the European Parliament and of the Council of 5 April 2006 on waste which codifies Council Directive 75/442/EEC of 15 July 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March 1991;

“discharge licence” means a licence to discharge any trade effluent or other matter within the meaning of section 4 of the Local Government (Water Pollution) Acts 1977 to 2007;

“disposal”, in relation to waste, includes any of the activities specified in the Third Schedule of the Act, and “waste disposal activity”, “disposed” and“dispose” shall be construed accordingly;

“domestic waste water” means waste water of a composition and concentration (biological and chemical) normally discharged by a household, and which originates predominantly from the human metabolism or from day to day domestic type human activities, including washing and sanitation, but does not include fats, oils, grease or food particles discharged from a premises in the course of, or in preparation for, providing a related service or carrying on a related trade;

“drain” means a drainage pipe, or system of such pipes and related fittings for collection of waste water, that is not owned by, vested in or controlled by a water services authority, an authorised provider of water services, or a person providing water services jointly with or on behalf of a water services authority or an authorised provider of water services, and that is not a service connection, which is used, or to be used as the case may be, to convey waste water from one or more premises or to any waste water treatment system on a premises where the waste water is generated;

“Facility Permit Regulations” means the Waste Management (Facility Permit and Registration) Regulations 2007 7 as amended by the Waste Management (Facility Permit and Registration) (Amendment) Regulations 2008 8 ;

“food” includes—

(a) any substance used, available to be used, or intended to be used, for food by human persons, and

(b) any substance which enters into or is used in the production, composition or preparation of these substances,

and references to food include, as the context may require, reference to a particular food or class of food;

“food waste management plan” means a plan, compiled on behalf of the organiser by a competent person, in respect of the proposed arrangements for the management of food waste at a trade show, exhibition or, as appropriate, any event where food is being supplied, which is—

(a) required under Regulation 10, and

(b) to be prepared in accordance with the requirements of Regulation 11;

“food waste management implementation report” means a report, in accordance with the requirements of Schedule 2: Part II, compiled on behalf of a producer by a competent person, certifying in respect of a...