Regulation 7 – Collection of Packaged Foods
Q.1 Do the requirements for the source segregation of food waste as set out in Regulation 7 necessitate the removal of all packaging from the food waste prior to its presentation for collection or authorised treatment?
Answer: Packaging must be removed prior to the submission of food waste into a treatment process at an authorised facility. Depending upon the intended treatment process and the technology available at a particular Plant, it may already be the established practice that there is specialist equipment provided at the facility that is designed to remove the packaging in a manner approved by DAFF prior to it being subjected to the treatment operation.
In such circumstances – where it is certain that the packaged food waste will be directed to a treatment facility that will definitely and routinely unpackage the food in a manner approved by DAFF and which is not likely to cause harm to the environment or to human/ animal health – it is reasonable that such existing arrangements be maintained and that it is not now necessary to unpackage the food waste at the place of production solely as a consequence of the new Food Waste Regulations.
However, in other circumstances it is essential that the packaging be removed by an obligated waste producer as part of the source segregation of all food waste under Regulation 7.
Q.2. What is the appropriate storage and treatment for packaged out-of-date fruit and vegetable, non-animal by-product, former foodstuff?
Answer: “fruit and vegetables” do not fall within the scope of the definition of “former foodstuffs” as they do not contain products of animal origin.
A range of treatment options are available within the scope of the definition of “authorised treatment process” and it is open to an obligated food waste producer to keep “fruit and vegetable” waste separate from other food waste if it is intended to subject it to a different form and quality of authorised treatment.
Q. 3. Where a Premises produces both catering waste and packaged products containing products of animal origin (former foodstuff), are these wastes to be stored together?
Answer: Where catering waste and former foodstuffs are stored in a manner whereby they become mixed, the entire mixture would be regarded as having the risk assignment of former foodstuffs.
As some treatment facilities have an animal by-product authorisation allowing them to treat both catering waste and former foodstuffs (e.g. Composting or Biogas Plants operated to EU processing standards in accordance with the DAFF “Conditions” documents), Regulation 7(4) of the Food Waste Regulations provides that a producer is not required to keep catering waste separate from former foodstuffs when the mixture is being directed to such facilities.
Conversely, where facilities are being used which do not have an animal by-product authorisation allowing them to treat both catering waste and former foodstuffs, then the segregated catering waste and the segregated former foodstuffs must be kept completely separate.
Q. 4 Are there different requirements for storage of packaged meat products and other out-of-date packaged non-meat products such as cereal, bread, yogurt etc?
Answer: In general, food waste consisting of non-animal by-products would not fall within the scope of Regulation (EC) No. 1774 of 2002 or Regulation (EC) No. 1069 of 2009 (the Revised EU Animal By-products Regulation). The particular status of specific products should always be confirmed with the Department of Agriculture, Fisheries and Food (DAFF) and the DAFF “Frequently Asked Questions” on Animal By-products should also be consulted at
http://www.agriculture.gov.ie/agri-foodindustry/animalbyproducts/frequentlyaskedquestionsfaqs/
A range of treatment options are available within the scope of the definition of “authorised treatment process” and it is open to an obligated food waste producer to keep “non-animal by-product” waste separate from other food waste if it is intended to subject it to a different form and quality of treatment.
