Under section 34 of the Environmental Protection Act 1990 as amended by the Waste (Scotland) Regulations 2012, anyone in Scotland who produces controlled waste, other than household waste, must take all reasonable steps to ensure the separate collection of dry recyclable waste, and food businesses have further duties on food waste.

The duty to separate dry recyclables

Regulation 2 of the Waste (Scotland) Regulations 2012, which extend to Scotland only, amended the Environmental Protection Act 1990 by inserting new duties into section 34. From 1 January 2014, section 34(2E) makes it the duty of any person who produces controlled waste, other than an occupier of domestic property in respect of household waste, to take all reasonable steps to ensure the separate collection of dry recyclable waste. “Separate collection” is defined so that dry recyclable waste is kept apart from other waste, each dry stream is kept apart from the others and food waste is kept separate from other waste.

Zero Waste Scotland’s guidance lists the materials as glass, metal, plastic, paper and card, and says the rules apply to organisations of any size, whether private, public or voluntary.

Food waste duties for food businesses

Section 34(2F) requires anyone who controls or manages a food business producing controlled waste to take all reasonable steps to ensure the separate collection of its food waste. Section 34(2G) sets out exceptions: food waste produced on premises in a rural area; food waste from a business producing less than 5 kilograms a week from 1 January 2016 (the threshold was 50 kilograms a week in 2014 and 2015, when hospitals were also excepted); and catering waste from means of transport operating internationally.

A “food business” is defined as an undertaking, for profit or not, public or private, carrying out any activity related to the processing, distribution, preparation or sale of food. Zero Waste Scotland says this excludes businesses that only prepare and sell drinks, and that a staff canteen where food is prepared, sold and consumed counts as a food business. Whether an area is rural is defined by postcode units in a Scottish Government classification, and Zero Waste Scotland points to its postcode lookup.

Mixing and departures from the duties

Section 34(2H) allows food waste to be mixed with other biodegradable waste to the extent that the mixed waste is presented in a way that ensures the amount of food waste collected is not significantly less than if the wastes were not mixed. Section 34(2J) allows a departure from the dry recyclables duty where the material recycled is not significantly less, and its quality not significantly lower, than if the duty were followed, and the waste is not mixed with waste that cannot be recycled.

Transporters and quality

Section 34(2I) makes it the duty of anyone who transports controlled waste to collect and transport separately any waste presented under those duties. Section 34(2L) adds a duty on anyone who produces or manages controlled waste, or a broker or dealer with control of it, to take all reasonable steps to ensure that it meets quality standards, is managed in a way that promotes high quality recycling and is not the subject of a contravention by another person.

Food waste and drains

From 1 January 2016, section 34(2K) makes it the duty of anyone who produces food waste, other than a household occupier or an occupier of rural property, to ensure it is not deposited in a public drain or sewer, or a drain that connects to one. Zero Waste Scotland says that means food waste disposers or macerators cannot be used to send food waste to a drain in a non-rural area where a separate collection is available. It adds that there is no legal requirement to remove macerators, but that keeping them risks a fine, and that systems which dewater food waste and store the solids for collection are acceptable if the loss of solids to sewers is minimal. It also says enzymatic digesters that recover no organic waste before it goes to sewer are banned.

Practical steps

Zero Waste Scotland’s five steps for compliance are to speak to the local authority or waste contractor, label bins and train staff, avoid contaminating recyclables or food waste, check whether a food business must present food waste, and try to reduce waste. It warns that putting everything into one bin is not compliant if recyclables are present, that contractors may refuse or charge extra for contaminated loads, and that clear bags are suggested for recyclables with black bags reserved for general waste.

FAQs

Does a small café have to separate food waste?

Only if it produces 5 kilograms or more a week and is not in a rural area. Section 34(2G) exempts businesses below that level and rural premises.

Does this apply in England or Wales?

No. The Regulations extend to Scotland only. England and Wales have separate workplace recycling rules.

Can businesses use a macerator for food waste?

Zero Waste Scotland says a macerator cannot be used to discharge food waste to a drain or sewer in a non-rural area where a separate food waste collection is available.

Bottom line

In Scotland, every business and organisation that produces controlled waste must take reasonable steps to separate dry recyclables, urban food businesses producing 5 kilograms or more of food waste a week must separate it as well, and food waste must not go down public drains in non-rural areas. Regulations extend to Scotland only. This is general information, not legal advice; the local authority, contractor or SEPA can advise on a specific premises.

Sources

This guide draws on the following primary sources, current as of 21 September 2026:

• legislation.gov.uk, “The Waste (Scotland) Regulations 2012” (as made)
• legislation.gov.uk, “Environmental Protection Act 1990, section 34: Duty of care etc. as respects waste”
• Zero Waste Scotland, “Waste (Scotland) Regulations”

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