European Union (Household Food Waste and Bio-Waste) Regulations 2015
Source: Iris Oifigiúl 2015-05-15

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paragraphs: These Regulations may be cited as the European Union (Household Food Waste and Bio-waste) Regulations 2015.
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paragraphs: (1) In these Regulations, any reference to a Regulation that is not otherwise identified is a reference to a Regulation of 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—
(a) section 39 of the Act or section 82 of the Act of 1992 for the acceptance of food waste; and,
(b) where appropriate, the European Union (Animal By-Products) Regulations 2014;
(a) the composting of source segregated food waste in an authorised facility, or
(b) the anaerobic digestion of source segregated food waste in an authorised facility; or
(c) the production of pet food from source segregated food waste in an authorised facility; or
(a) whose activities produce food waste (in these Regulations referred to as the ‘original food waste producer’), or
(b) who carries out pre-processing, mixing or other operations resulting in a change in the nature or composition of such food waste;
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paragraphs: (1) The purpose for which these Regulations are made is to give effect to Article 5 of Directive 1999/31/EC and Articles 4, 10, 11, 13 and 22 of Directive 2008/98/EC.
(2) Subject to paragraph (3), these Regulations shall apply to food waste and bio-waste arising as part of household waste.
(3) These Regulations shall not apply to—
(a) off-shore islands; or,
(b) areas where a specific exclusion is provided for in a waste management plan on the grounds that it is not technically, environmentally and economically practicable to separately collect such waste.
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paragraphs: Subject to Regulation 3(3), these Regulations shall come into operation in the following time schedule for all households situated in the following population agglomerations:
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paragraphs: (1) Without prejudice to the power of any local authority to provide for additional policy objectives under a relevant waste management plan or to apply more onerous conditions under a waste collection permit or under a waste presentation bye-law, authorised waste collectors shall ensure, as a minimum, that they provide or arrange for the provision of a separate collection service for food waste from households for population agglomerations in accordance with the time schedule set out in Regulation 4.
(2) A separate collection service for food waste from householders shall include the direct provision of an approved waste receptacle, which is designed for reuse to the address of each household customer.
(3) Where an authorised waste collector provides or arranges for the provision of a service in accordance with paragraphs (1) and (2), such a separate collection service-
(a) subject to paragraph (b) shall be provided:
(i) on and from 1 July, 2016 at least as often as the residual waste collection service provided if such residual waste collection service is provided more frequently than once a fortnight; and
(ii) as frequently as may be determined by the relevant local authority according to the necessity of collection of such food waste;
(b) notwithstanding paragraph (a), shall be provided at least once a fortnight; and
(c) may form part of the services provided for the segregated collection of garden and/or other suitable bio-waste.
(4) Food waste collected by an authorised waste collector in accordance with this Regulation shall be transferred to an authorised facility for the purposes of an authorised treatment process.
(5) A person who contravenes paragraphs (1), (2) (3) or (4) shall be guilty of an offence.
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paragraphs: (1) Subject to paragraph (2) and without prejudice to the power of any local authority to provide for additional policy objectives under a relevant waste management plan or to apply more onerous conditions under a waste collection permit or under a waste presentation bye-law, an original producer of food waste arising as part of household waste shall ensure, as a minimum, that—
(a) food waste arising on the producer’s premises is source segregated and kept separate from non-biodegradable materials, other waste and contaminants;
(b) source segregated food waste arising on the producer’s premises is collected by an authorised waste collector.
(2) Paragraph (1) shall not apply where an original food waste producer—
(a) subjects the food waste to a home composting process on the premises where the food waste is produced; or
(b) brings the food waste to an authorised facility with a view to its composting or anaerobic digestion or treatment in a way which fulfils a high level of environmental protection.
(3) Where an original food waste producer undertakes a home composting process he or she shall minimise the creation of odours and nuisance, and shall take all reasonable steps to achieve this objective.
(4) A person who contravenes Paragraphs (1), (2) or (3) shall be guilty of an offence.
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paragraphs: (1) An original producer of food waste arising as part of household waste shall not deposit food waste in the residual waste collection.
(2) A person who contravenes paragraph (1) shall be guilty of an offence.
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paragraphs: (1) An authorised person may, for any purpose connected with these Regulations—
(a) at all reasonable times, or at any time if he or she has reasonable grounds for believing that there may be a risk of environmental pollution arising from the carrying on of an activity at the premises or that such pollution is occurring, enter any premises and bring thereon such other persons (including members of the Garda SÃ­ochÃ¡na) or equipment as he or she may consider necessary for the purpose, and
(b) board any vehicle and have it taken, or require the driver of the vehicle to take it, to a place designated by the authorised person, and such a vehicle may be detained at that place by the authorised person, for such period as he or she may consider necessary for the purpose.
(2) An authorised person shall not, other than with the consent of the occupier, enter into a private dwelling unless he or she has obtained a warrant from the District Court under paragraph (7) authorising such entry.
(3) Every authorised person when exercising any power conferred on him or her by or under these Regulations, shall, if requested by any person affected, produce the letter of appointment furnished to him or her under these Regulations.
(4) Whenever an authorised person enters any premises or boards any vehicle, pursuant to this Regulation, the authorised person may therein, as appropriate—
(a) make such plans, take such photographs, record such information on data loggers, make such tape, electrical, video or other recordings and carry out such inspections,
(b) make such copies of documents and records (including records in electronic form) found therein and take such samples,
(c) carry out such surveys, take such levels, make such excavations and carry out such examinations of depth and nature of subsoil,
(d) require that the premises or vehicle or any part of the premises or anything in the premises or vehicle shall be left undisturbed for such period,
(e) require from an occupier of the premises or any occupant of the vehicle or any person employed on the premises or any other person on the premises, such information,
(f) require the production of and inspect such records and documents, (including records held in electronic form) and take copies of or extracts from, or take away if considered necessary for the purposes of inspection or examination, any such records or documents,
(5)(a) An authorised person who, having entered any premises or boarded any vehicle pursuant to this Regulation, considers that any waste thereon or therein is such, or is being handled or segregated or transported in such manner as to constitute a risk of environmental pollution or a contravention of Part III of these Regulations, may direct the holder of such waste to take such measures as are considered by that authorised person to be necessary to remove that risk or contravention, including the disposal of the waste, in such manner and place and within such period as the authorised officer may specify.
(b) If a holder of waste fails to comply with a direction of an authorised person under this paragraph, the authorised person may do all things as are necessary to ensure that the direction is carried out and the costs incurred by him or her in doing any such thing shall be recoverable from the holder of the waste by him or her, or the person by whom he or she was appointed, as a simple contract debt in any court of competent jurisdiction.
(6) Any person who—
(a) refuses to allow an authorised person to enter any premises or board any vehicle or to take any person or equipment with him or her in the exercise of his or her powers under this Regulation,
(b) obstructs or impedes an authorised person in the exercise of any of his or her powers under this Regulation,
(c) gives either to an authorised person, information which to his or her knowledge is false or misleading in a material respect, or
(d) fails or refuses to comply with any requirement of this Regulation or of an authorised person,
(7)(a) Where an authorised person in the exercise of his or her powers under this Regulation is prevented from entering any premises or if an authorised person has reason to believe that evidence related to a suspected offence under these Regulations may be present in any premises and that the evidence may be removed therefrom or destroyed, the authorised person or the person by whom he or she was appointed may apply to a judge of the District Court for a warrant under this paragraph authorising the entry by the authorised person into the premises.
(b) If on application being made to him or her under this paragraph, a judge of the District Court is satisfied, on the sworn information of the applicant, that the authorised person concerned has been prevented from entering a premises as aforesaid or that the authorised person has reasonable grounds for believing the other matters aforesaid, the judge may issue a warrant under his or her hand authorising that person, accompanied, if the judge deems it appropriate so to provide, by such number of members of the Garda SÃ­ochÃ¡na as may be specified in the warrant, at any time or times within one month from the date of the issue of the warrant, on production if so requested of the warrant, to enter, if need be by force, the premises concerned and exercise the powers referred to in paragraph (4) or (5).
(8) An authorised person may, in the exercise of any power conferred on him or her by these Regulations involving the bringing of any vehicle to any place, or where he or she anticipates any obstruction in the exercise of any other power conferred on him or her by or under these Regulations, request a member of the Garda SÃ­ochÃ¡na to assist him or her in the exercise of such a power and any member of the Garda SÃ­ochÃ¡na of whom he or she makes such a request shall comply therewith.
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paragraphs: (1) Any notice required to be served or given by or under these Regulations shall be addressed to the person concerned and served or given in one of the following ways—
(a) by addressing it to the person by name and delivering it to him or her,
(b) by leaving it at the address at which the person ordinarily resides,
(c) by sending it by post in a prepaid registered letter addressed to the person at the address at which he or she ordinarily resides,
(d) if an address for the service of notices has been furnished by the person, by leaving it at, or sending it by prepaid registered post addressed to him or her to, that address, or
(e) where the address at which the person ordinarily resides cannot be ascertained by reasonable inquiry and notice is required to be served on, or given to, him or her in respect of any premises, by delivering it to a person over the age of 16 years of age resident in or employed on the premises, or by affixing it in a conspicuous position on or near the premises.
(2) Where the name of the person concerned cannot be ascertained by reasonable inquiry, a notice may be addressed to “the occupier”, “the owner” or “the person in charge”, as the case may be.
(3) For the purposes of these Regulations, a company registered under the Companies Acts shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.
(4) A person shall not at any time during the period of 3 months after a notice is affixed under paragraph (1) (e) remove, damage or deface the notice without lawful authority.
(5) A person who contravenes paragraph (4) shall be guilty of an offence.
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paragraphs: (1) A local authority may, for any purpose relating to its functions under these Regulations, by the service of a notice in writing on the person, require—
(a) any waste producer,
(b) any person engaged in the collection, recovery or disposal of waste, or any related or ancillary activity, or
(c) the occupier or person in charge of any waste facility,
(i) any activity or process as aforesaid or any facility concerned,
(ii) provision proposed to be made or made or measures taken for the treatment, recovery or disposal of any waste concerned,
(iii) the origin, type, quantity, nature, composition and properties of waste concerned, or
(iv) any other related or ancillary matter,
(2) A person who fails to comply with a notice under this Regulation or who furnishes any information in reply to such a notice which he or she knows to be false or misleading in a material respect shall be guilty of an offence.
(3) Information obtained under this Regulation by a local authority, or any summary or compilation of, or any report based on, such information may, and shall if the Agency so requests, be furnished to the Agency.
(4) Each local authority shall compile or otherwise obtain, and furnish to the Agency, such statistics or other information relating to any aspect of food waste management, at such frequency, as may be specified in writing by the Agency.
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paragraphs: (1) Each local authority, shall take the necessary enforcement measures to prohibit management of food waste contrary to these Regulations.
(2) A prosecution for a summary offence under these Regulations may be taken by the local authority concerned.
(3) A person guilty of an offence under these Regulations is liable—
(a) on summary conviction, to a class B fine or imprisonment for a term not exceeding 3 months or both, or
(b) on conviction on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 3 years or both.
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paragraphs: Where the commission of an offence in relation to the non-compliance by a person with these Regulations is due to an act or default committed by some other person, the other person may be the subject of proceedings and be convicted of an offence without prejudice to any proceedings which may be taken against the first-named person.
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paragraphs: The Collection Permit Regulations are amended by—
(a) deleting “and” at the end of paragraph (l) of sub-article 7(1);
(b) substituting for paragraph (m) of sub-article 7(1), the following paragraph—
“(m) information, where relevant to the type of waste intended to be collected, on how the applicant will collect food waste in compliance with the Waste Management (Food Waste) Regulations 2009, and”;
(c) inserting after paragraph (m) of sub-article 7(1), the following paragraph—
“(n) information, where relevant to the type of waste intended to be collected, on how the applicant will collect food waste and, as the case may be, bio-waste in compliance with the European Union (Household Food Waste and Bio-Waste) Regulations 2015.”;
(d) deleting “and” at the end of paragraph (b) of sub-article 20(1);
(e) substituting for paragraph (c) of sub-article 20(1), the following paragraph—
“(c) in the reasonable opinion of the nominated authority, necessary to give effect to the segregation, separation, storage and collection of food waste in accordance with the Waste Management (Food Waste) Regulations 2009, and”;
(f) inserting after paragraph (c) of sub-article 20(1), the following paragraph—
“(d) in the reasonable opinion of the nominated authority, necessary to give effect to the segregation, separation, storage and collection of food waste and, as the case may be, bio-waste in accordance with the European Union (Household Food Waste and Bio-Waste) Regulations 2015.”;
(g) by the deletion of sub-article (p) of article 21, the following sub-article—
“(p) the contravention of Regulation 5 of the Waste Management (Household Food Waste and Bio-Waste) Regulations 2013.”;
(h) inserting after sub-article (p) of article 21, the following sub-article—
“(q) the contravention of Regulation 5 of the European Union (Household Food Waste and Bio-Waste) Regulations 2015.”;
(i) substituting for paragraph (c) of sub-article 29(1), the following paragraph—
“(c) the activity is, or may be, in contravention of the Waste Management (Facility Permit and Registration) Regulations 2007, or the Waste Management (Shipments of Waste) Regulations 2007, the Waste Management (Food Waste) Regulations 2009, the European Communities (Shipments of Hazardous waste exclusively within Ireland) Regulations 2011, the European Communities (Waste Directive) 2011, or the European Union (Household Food Waste and Bio-Waste) Regulations 2015”.
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paragraphs: The Facility Permit Regulations are amended by—
(a) substituting for paragraph (ii) of sub-article 10(1), the following paragraph—
“(ii) in the case of a waste facility permit application or a certificate of registration application, as the case may be, which involves the treatment of food waste, details of how the applicant intends to manage food waste and, as the case may be, bio-waste collected in accordance with the Waste Management (Food Waste) Regulations 2009 or, as the case may be, the European Union (Household Food Waste and Bio-Waste) Regulations 2015.”;
(b) substituting for subparagraph (iv) of paragraph 19(1)(b), the following—
“(iv) to effect the recovery of food waste and, as the case may be, bio-waste collected in accordance with the Waste Management (Food Waste) Regulations 2009 or, as the case may be, the European Union (Household Food Waste and Bio-Waste) Regulations 2015,”;
(c) substituting for sub-paragraphs (o) and (p) of Regulation 22, the following sub-paragraphs—
“(o) the contravention of Regulations 6, 7, 8, 9, 10, 11 or 12 of the Waste Management (Food Waste) Regulations 2009,
(p) the contravention of Regulation 5 of the European Union (Household Food Waste and Bio-Waste) Regulations 2015 or, as appropriate,
(q) an offence under article 43 of these Regulations.”;
(d) substituting for paragraph (c) of sub-article 36(1), the following paragraph—
“(c) activity is, or may be, in contravention of the Waste Management (Collection Permit) Regulations 2007, or the Waste Management (Shipments of Waste) Regulations 2007, or the Waste Management (Food Waste) Regulations 2009, or the European Communities (Shipments of Hazardous waste exclusively within Ireland) Regulations 2011, or the European Union (Household Food Waste and Bio-Waste) Regulations 2015, or the European Union (Animal By-Products) Regulations 2014, or”;
(e) substituting for paragraph (c) of sub-article 38(7), the following paragraph—
“(c) the activity is, or may be, in contravention of the Waste Management (Collection Permit) Regulations 2007, the Waste Management (Shipments of Waste) Regulations 2007, or the Waste Management (Food Waste) Regulations 2009, or the European Communities (Shipments of Hazardous waste exclusively within Ireland) Regulations 2011, the European Communities (Waste Directive) 2011, or the European Union (Household Food Waste and Bio-Waste) Regulations 2015, or the European Union (Animal By-Products) Regulations 2014, or”.
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paragraphs: These Regulations shall come into operation on the day after the date on which notice of their making is published in Iris OifigiÃºl.
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paragraphs: (1) The European Union (Household Food Waste and Bio-Waste) Regulations 2013 ( S.I. No. 71 of 2013 ) as amended by the European Union (Household Food Waste and Bio-Waste) (Amendment) Regulations 2013 ( S.I. No. 251 of 2013 ) are revoked with effect from the date specified in regulation 15.
(2) This does not affect liability under the European Union (Household Food Waste and Bio-Waste) Regulations 2013 ( S.I. No. 71 of 2013 ) as amended by the European Union (Household Food Waste and Bio-Waste) (Amendment) Regulations 2013 ( S.I. No. 251 of 2013 ) for any offences committed before the date specified in regulation 15.
(3) References to the European Union (Household Food Waste and Bio Waste) Regulations 2013 ( S.I. No. 71 of 2013 ) as amended by the European Union (Household Food Waste and Bio-Waste) (Amendment) Regulations 2013 ( S.I. No. 251 of 2013 ) in any Act or instrument made under any such Act shall be construed as references to these Regulations.