Waste (Scotland) Regulations 2012: separate collection and duty of care for businesses
What every business in Scotland must do under the Waste (Scotland) Regulations 2012 to present glass, metals, plastics, paper and card for separate collection, the food waste rules, the ban on food waste in drains and the duty of care transfer note, enforced by SEPA and councils.
The Waste (Scotland) Regulations 2012 (SSI 2012/148) changed the waste duty of care in section 34 of the Environmental Protection Act 1990 so that it applies in Scotland with extra duties. Since 1 January 2014 every business that produces controlled waste must take all reasonable steps to have dry recyclable waste collected separately, and some businesses must also separate food waste. The Regulations extend to Scotland only, and SEPA and councils enforce them.
Dry recyclable waste means glass, metals, plastics, paper and card, including cardboard. Each type is a separate dry waste stream. Hazardous items such as waste oil or batteries are not part of this duty and follow the special waste rules.
- Dry recyclables
- Glass, metals, plastics, paper and card collected separately
- Food waste
- Separate collection if you produce 5kg or more a week
- Food waste exemptions
- Rural areas; international transport catering waste
- Food waste in drains
- Banned since 1 January 2016, except households and rural areas
- Waste carriers
- Must keep separately presented waste apart
- Transfer note
- For every transfer of non-hazardous waste
- Records
- Keep for 2 years; produce within 7 days of a request
- Enforcement
- SEPA and councils; failure is an offence
What you must do
- Keep glass, metals, plastics, paper and card separate from each other and from general waste, and arrange collection with a registered waste carrier or your council. You can depart from this only if the amount and quality of material recycled would not be significantly lower and the waste is not mixed with waste that cannot be recycled.
- Check whether the food waste duty applies. It applies to a food business that produces 5 kilograms or more of food waste a week, unless the premises are in a rural area as defined by the Scottish Government's postcode classification. A business with a café or staff canteen should check. Food waste may be mixed with other biodegradable waste only if the amount of food waste collected is not significantly less than it would otherwise be.
- Keep food waste out of public drains and sewers, and drains that connect to them, unless you are a household or in a rural area.
- Complete a transfer note for each transfer of waste that is not special waste, signed by both parties and showing the six-digit European Waste Catalogue code and the SIC code for your activity. Keep it for 2 years. A special waste consignment note replaces the transfer note for special waste.
- Check that whoever collects your waste is registered with SEPA, because your duty of care covers the onward journey.
- Take reasonable steps to make sure your waste meets any quality standard and is managed in a way that promotes high quality recycling.
Failing to comply with the duty of care without reasonable excuse is an offence under section 34(6) of the 1990 Act.