Schedule 1 – Classes of Premises subject to the Regulations
Q.1 Do the following types of facilities require food segregation and recycling systems in place:
a) A Nursing home where the meats are prepared in another hospital and sent in for consumption.
b) Offices that have kitchenettes, where staff may bring in their own lunches e.g. sandwiches, rolls, biscuits etc.
Answer: The Food Waste Regulations are designed to target large quantities of food waste that are not currently being source segregated to facilitate beneficial use and are directed primarily at premises (within the meaning of Schedule 1) from which food is supplied to consumers.
(a) In the case of Nursing Homes, Class 7 of Schedule 1 is defined as “A hospital, nursing home or other premises for the long-term residential accommodation of people in need of care where food is prepared on the premises”
Accordingly, the decisive criterion is “prepared on the premises”. Schedule 1 sets out the scope of “prepared” as follows: “food is prepared on the premises when it is subject to heating or to other preparation processes undertaken on that premises.” In the case of a Nursing Home where the meals are prepared in another hospital and sent in for consumption, the premises is outside the scope of the Regulations If no “preparation” of food within the meaning of the Regulations takes place in the nursing home premises.
(b) In the case of Offices with kitchenettes where staff may bring in their own lunches e.g. sandwiches, rolls, biscuits etc., the premises is outside the scope of the Regulations unless the food is supplied to employees. Furthermore, the action of a person in re-heating a frozen dinner that they had brought in themselves in a microwave within an office does not fall within the definition of “supply” and would not in itself result in the premises being obligated.
Q.2 Does the meaning of “food prepared on the premises when it is subject to heating” as detailed in Class 11 include reheating of cooked meals?.
Answer: The wording of Class 11 of Schedule 1 is as follows:
“Stations, Airports, Ports, Harbours and Marinas where trains, planes, and boats which engage in the supply of food to the public (other than food waste originating from means of transport operating internationally) unload food waste from the transportation medium.”Accordingly, the relevant criterion is “engaged in the supply of food to the public” and “preparation” or “heating” of the food are not conditions that need to be considered in determining whether an obligation exists under the Food Waste Regulations.
Q.3. Class 1 of Schedule 1 of the Food Waste Regulations provides exclusions for a number of events.
- Will the Regulations not apply to premises located at any funfair, bazaar, circus, or religious, cultural, educational, political, social, recreational or sporting event where the use of such purposes does not exceed a period of 10 days continuously or 20 days in any one year?
- Will music festivals be exempt if they are less than 10 days?
Answer: The intention of the Regulations is to capture premises used for the supply of hot food for consumption which generate significant quantities of food waste. Class 1 does include all events prescribed under section 230 of the Planning and Development Act 2000, at which the audience comprises 5,000 or more. Such events would include certain music festivals where the audience threshold of 5,000 people is exceeded.
Furthermore, the named exclusions relate to “other premises located at any fair, funfair, bazaar etc…… where the use of such purposes does not exceed a period of 10 days continuously or 20 days in any one year”. Accordingly, to qualify for an exemption, such premises must both
? not exceed the thresholds for duration and frequency of event, and
? fall below the threshold attendances for Section 230 Events.
Q.4 Does a supermarket come under the scope of the Food Waste Regulations and have to implement source segregation for all food waste that arises on the premises if
(a) it supplies hot food/sandwiches?
(b) If it does not supply hot food/sandwiches?
Answer: Schedule 1 Provides that
“Where a premises fulfils the criteria for inclusion within any class of Schedule 1, it shall be regarded as a “Schedule 1 Activity” for the purposes of the definition of a producer.”Accordingly, both of the above situations would be obligated premises under the Food Waste Regulations through the description of Class 5 of Schedule 1 and are duly:
“A shop or supermarket involved in the sale of food to the public, including premises for the sale of sandwiches or hot food where the sale of such food is subsidiary to the main retail use.”
Q.5 Do food wholesalers come under the scope of the Regulations, including consideration of circumstances where their canteen supplies food to employees or food is prepared on the premises for the purposes of supply to employees”? If a canteen results in the premises being obligated, does all food waste generated at the wholesaler premises then come under the scope?
Answer: A Food Wholesaver is itself not specifically listed as an obligated premises in Schedule 1. However, Schedule 1 also provides that
“Where a premises fulfils the criteria for inclusion within any class of Schedule 1, it shall be regarded as a “Schedule 1 Activity” for the purposes of the definition of a producer”
Accordingly, if there are not specific facilities within the Wholesale premises that are involved in the supply of food for consumption – for example, a canteen that meets the description of Class 3 of Schedule 1 – the premises is not obligated.
If there are facilities within the Food Wholesale premises that are involved in the supply of food for consumption, then the premises is obligated from the 1 July 2010 if the aggregate amount of food waste generated at these facilities exceeds 50 kg per week. The Food Wholesale premises will be obligated from 1 July 2011 if such facilities generate less than an aggregate of 50 kg of food waste per week.
Q. 6 Does a college that has a large campus that comes under the Regulations because food is prepared on the premises have to implement segregation for all food waste that arises on the campus i.e. not just canteen areas but all areas?
Answer: A college where food is prepared on the premises listed as an obligated premises in Class 8 of Schedule 1.
Premises is widely defined in the Food Waste Regulations and the campus that is included in the college premises as a result of being obligated under Class 8 of Schedule 1 would also be subject to the provisions of the Regulations.
Q.7 Could clarification of “prepared on the premises” be provided in respect of Class 3 of Schedule 1, particularly in respect of employees who prepare their own food in canteen facilities?
Answer: In the case of canteens where staff may bring in their own lunches e.g. sandwiches, rolls, biscuits etc., the premises is outside the scope of the Regulations unless the food is supplied to employees. Furthermore, the action of a person in re-heating a frozen dinner that they had brought in themselves in a microwave within an office does not fall within the definition of “supply” and would not in itself result in the premises being obligated.
However, Schedule 1 also provides that
“Where a premises fulfils the criteria for inclusion within any class of Schedule 1, it shall be regarded as a “Schedule 1 Activity” for the purposes of the definition of a producer”
Accordingly, all other activities at the premises – including other canteen facilities – would have to be taken into account in the context of Schedule 1 to determine whether the premises is obligated under the Food Waste Regulations.
Q. 8 Are crèches one of the premises which fall under the remit of the Regulations?
Answer: A Crèche is itself not specifically listed as an obligated premises in Schedule 1. However, Schedule 1 also provides that
“Where a premises fulfils the criteria for inclusion within any class of Schedule 1, it shall be regarded as a “Schedule 1 Activity” for the purposes of the definition of a producer”
Accordingly, any other activities at the premises would have to be taken into account in the context of Schedule 1 to determine whether the premises is obligated under the Food Waste Regulations.
Q.9 What about co-ops, marts, agricultural shows, in relation to the likes of chip vans etc?
Answer: The Food Waste Regulations apply except for those activities excluded from the scope of the Regulations. If the event requires an outdoor events licence under section 230 of the Planning and Development Act 2000 it is included but other premises located at a fair, for example, are among the excluded activities that are mentioned in Class 1 of Schedule 1 dependent the nature of the activity and where the event is of short or infrequent duration.
Where a “chip van” is located beyond the cartilage of an obligated premises, no additional food waste management obligations are imposed by the Regulations.
Q.10 Are all guest houses, hostels and self catering premises obligated under the Regulations?.
Answer: Yes- other than the small premises excluded from the scope – see Class 4 in Schedule 1.
Q.11 Are Caravan Parks obligated. under the Food Waste Regulations, including the situation where there are other facilities within the curtilage of the Caravan Park that fall within the description of a class of activity contained in Schedule 1 of the Regulation?
Answer: A Caravan Park is itself not specifically listed as an obligated premises in Schedule 1. However, Schedule 1 also provides that
“Where a premises fulfils the criteria for inclusion within any class of Schedule 1, it shall be regarded as a “Schedule 1 Activity” for the purposes of the definition of a producer.
Accordingly, if there are not specific facilities within the Caravan Park that are involved in the supply of food for consumption, the premises is not obligated.
If there are facilities within the Caravan Park that are involved in the supply of food for consumption, then the Caravan Park is obligated from the 1 July 2010 if the aggregate amount of food waste generated at these facilities exceeds 50 kg per week. The caravan Park will be an obligated premises from 1 July 2011 if such facilities generate less than an aggregate of 50 kg of food waste per week.
