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Wednesday, 9 July 2025

Warning to Small Businesses Over New Food Waste Regulations

Is this illegal? You'd better check
Firms face fines for not separating food waste, a leading lawyer warns.

Businesses could face fines if they fail to separate their food waste from other recyclables and rubbish, an environmental lawyer has warned.

New legislation that requires businesses with as few as ten employees to follow strict waste rules has flown under the radar, says Craig Burman, of commercial law firm Schofield Sweeney, who has been contacted by a number of companies, unclear about what the regulations mean for them and the consequences of failing to comply.

Under the Government’s new ‘Simpler Recycling’ regulations, which came into force in March this year, employers with ten employees or more must separate all food waste, from excess canteen fare to teabags and packed lunch leftovers, from other recyclables and rubbish, before it is collected.

Mr Burman, who heads the Environmental and Regulatory team for Schofield Sweeney,told That's Food and Drink: “The regulations are designed to reduce waste and make recycling easier and more consistent across England, which is obviously a good thing.

“But unfortunately lots of businesses haven’t heard about the new rules and for many ‘Simpler Recycling’ is proving to be anything but simple.

“Implications like how to keep food waste separate in a busy workplace environment are of serious concern, and firms are worried their employees’ tea club or ‘meal deal’ leftovers could land the company in trouble.”

He is urging companies of all sizes to ensure all management and staff are aware of their responsibilities under the new legislation.

Under the Simpler Recycling regulations:

Card and paper must be separated from glass, plastic and metal for recycling, to recycle them all together, businesses must prepare a written assessment to explain why they cannot be separated.

All food waste must be disposed of separately

Packaging, cans or bottles should contain no remnants of food or drink

General unrecyclable waste, like used paper towels, must also be put in separate bins

Craig Burman added: “The legislation applies to every employer with a workforce of ten-plus and includes landlords and facilities management companies, schools, and community organisations, like churches and charities.

“Companies which employ fewer than ten full-time employees will also have to comply with the legislation from March 31st, 2027.

“Nobody wants to fall foul of the regulations and risk being faced with an Environment Agency compliance notice or, ultimately, a fine, so I’d advise them to take note of the regulations and if in doubt seek additional guidance.”

www.schofieldsweeney.co.uk

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