The Waste (Scotland) regulations were passed by the Scottish
parliament on 9th May 2012.
The main policy drivers to this instrument are implementation of
the revised Waste Framework Directive (2008/98/EC) and Scotland's
Zero Waste Plan.
The Zero Waste Plan, launched in June 2010, set out actions to
deliver important changes to how Scotland treats and manages waste.
To support this aim, the plan includes ambitious recycling targets,
including a 70% recycling rate for household and all other waste
streams by 2025.
These Regulations set in place statutory measures to support
delivery of the Zero Waste Plan.
The regulations will impact on all waste producers by expanding
their duty of care to include a requirement to present key dry
recyclates for separate collection. To ensure waste producers can
comply with their duty, it is necessary for the waste industry to
provide services which enable the separate collection of dry
recyclables from 2014.
Food businesses, in urban areas, producing large amounts of food
waste will be required to present that food waste for separate
collection from 2014. Smaller food businesses have until 2016 to
comply with the duty or if producing very small amounts of food
waste (less than 5kg per week) are exempt from the duty
altogether. All rural food
businesses are exempt from the duty, as is international
catering waste (designated as a Category 1 Animal By-Product),
which requires specialist management.
"An undertaking, whether for profit or not, and whether public
or private, carrying out any activity related to the processing,
distribution, preparation or sale of food."
This definition is targeted specifically on major food waste
producers. It does not include households.
Premises where food is brought from elsewhere to be consumed,
such as office staff rooms, are not captured by this definition. On
the other hand, a staff canteen where food is prepared, sold and
consumed is captured.
The regulations introduce a number of important new
The phased approach to implementation set out in the regulations
provides time to get ready for the new requirements. Zero Waste Scotland has
a wide range of support package available to businesses, local
authorities and the waste management sector to help make the
SEPA: Zero waste regulations
The Waste (Scotland) Regulations 2012
Government: Defining rural and non-rural areas to support zero
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