Animal by-products: Treatment in approved composting or biogas plants of animal by-products and catering waste - Q&A
Background
1. What does the legislation do?
2. What exactly is catering waste?
EU legislation
3. Is this UK or European legislation?
4. Why are you making it legal?
5. Can I compost animal by-products under this legislation?
6. The Regulation says that the treatment standard is 70°C
for 1 hour. Why is the UK allowing other standards?
7. What did the risk assessment conclude?
8. What are the UK standards?
Animal Health
Approvals
10. Do I need an approval?
11. How do I go about getting an approval?
12. How long will it take?
Home composting
13. Can I still compost at home?
14. What if I keep pigs or ruminants, can I still compost?
15. I’m not a farmer, I just have a pet pig. Can I compost?
16. What about schools which want to compost, do they need to
be approved?
17. What constitutes a ‘premises’?
18. Will Defra field staff be trained on the subject?
19. What controls are there on the use of the compost?
Windrows
20. Can I use windrows for composting?
21. Are open windrows illegal?
22. Do I need a Waste Management Licence?
23. Where can I get further information or technical advice?
Background
1. What does the legislation do?
Under the UK Animal By-Products Order 1999 (as amended) it was illegal to allow livestock or wild birds access to catering waste which contained meat or products of animal origin, or which came from a premises handling meat or products of animal origin. This ban applied whether or not the catering waste had been treated. It therefore could not be used on land, effectively banning its use in compost and biogas treatment plants. The EU Animal By-Products Regulation (EC1774/2002), which applied in Member States from 1 May 2003, permits the treatment in approved composting and biogas premises of low-risk animal by-products and catering waste which contains meat or which comes from a premises handling meat. Animal by-products must be treated to a set EU standard, but the Regulation permits Member States to introduce their own national standards for premises which are handling only catering waste (and not any other animal by-products).
2. What exactly is catering waste?
Catering waste is defined in the EU Regulation as ‘all waste food including used cooking oil originating in restaurants, catering facilities and kitchens, including central kitchens and household kitchens.’ This definition also includes catering waste from vegetarian restaurants and kitchens. The Regulation does not make a distinction for catering waste which is only vegetable matter, originating in rare circumstances from a premises which may not handle any animal by-products - such as a vegan household - although in theory there would be no need to control purely vegetable catering waste provided its source could be verified as originating from a kitchen handling only vegan food.
EU legislation
3. Is this national or European legislation?
The EU Regulation permits the treatment in approved composting and biogas plants of low-risk animal by-products. EU Regulations are directly applicable in all Member States and the UK is therefore required to implement them. Although EU Regulations are directly applicable, Member States still need to introduce national legislation that enables the EU rules to be enforced. In this case, the enforcing legislation for England is the Animal By-Products Regulations 2005 (Statutory Instrument 2347/2005), which came into force on 28 September 2005.
The EU Regulation also permits the treatment of catering waste in composting and biogas plants. Where premises are treating catering waste only (and not other animal by-products) the Regulation allows Member States to set national treatment standards. We have therefore introduced national rules for plants which treat only catering waste. These national standards are also set out in our enforcing legislation, the Animal By-Products Regulations 2005.
4. What are the advantages of using composting and anaerobic digestion to dispose of animal by-products/catering waste?
The UK and other Member States have to meet stringent targets under the EU Landfill Directive for the reduction of the amount of biodegradable municipal waste going to landfill. By 2020 the amount of such waste going to landfill must be reduced to 35% of that produced in 1995. The Government also has Waste Strategy 2000 targets to meet on the recycling or composting of household waste. Under Waste Strategy 2000, statutory targets for recycling and composting were set for local authorities in England for 2003/04 and 2005/06. England has successfully met and exceeded its 17% target for 2003/04 and our current recycling rates for 2004/05 indicate that we are on target to meet the 25% target of household waste to be recycled or composted by 2005/06. As part of the review of England's Waste Strategy, the Government is proposing to increase those statutory targets to 40% by 2010, 45% by 2015 and 50% by 2020. Composting and biogas treatment are an important factor in helping us achieve these targets, as well as being a more sustainable disposal route.
5. Can I compost or anaerobically digest animal by-products under this legislation?
The Regulation permits you to treat low-risk (so-called category 3) animal by-products in an approved composting or biogas plant. Animal by-products will need to be treated to the EU standard set out in the Regulation, which is treatment at 70°C for 1 hour, with a maximum particle size of 12mm. Alternative treatment standards that differ from the current EU standard will be introduced in 2007. Alternative treatment standards must demonstrate capability to meet a specified level of pathogen reduction.
Please note that animals that die on-farm are not low-risk material and cannot be composted. For full definitions of the various categories of material, please refer to the EU Regulation.
6. The Regulation says that the treatment standard is 70°C for 1 hour. Why is the UK allowing other standards?
The EU Regulation permits Member States to set national treatment standards for plants which treat only catering waste (and not other animal by-products, except for manure, digestive tract content, milk or colostrum). The alternative national standards were set following an independent risk assessment and a public consultation exercise based on the recommendations made in the risk assessment. The national standards for England are set out in the Animal By-Products Regulations 2005. From 1 January 2007, alternative treatment standards based on level of pathogen reduction rather than time/temperature treatment standards will be permissible which differ from the EU standard of treatment at 70°C for 1 hour, with a maximum particle size of 12mm.
7. What did the risk assessment conclude?
The risk assessment looked at the risk to animal and public health from a wide range of pathogens. It concluded that composting or anaerobic digestion could be safely done providing suitable safeguards and treatment standards were introduced. The risk assessment was based on a ‘credit’ system, which rated each stage of the treatment process as worth a certain number of credits, depending on the level of pathogen removal. The risk assessment concluded that a system needed to demonstrate a 50,000-fold reduction in pathogen level to be safe. The system would also have to have multiple barriers (i.e. more than one treatment stage) to reduce the possibility that any material could bypass the system.
8. What are the UK national standards?
The proposed UK national standards are based on a matrix approach, to reflect the risk assessment’s requirement for multiple barriers. All systems must be able to meet a minimum time/temperature standard (related to the type of system being used). These standards also specify the maximum particle size that may be processed in that system. As well as the time/temperature requirement, all systems must include additional barriers, as explained below.
The minimum time/temperature and maximum particle size requirements for the various systems are:
| System | Minimum temp | Minimum time | Max particle size |
| Composting (closed reactor) | 60°C | 2 days | 40cm |
| Biogas | 57°C | 5 hours | 5 cm |
Composting (closed reactor) or biogas |
70°C | 1 hour | 6 cm |
| Composting (housed windrow) | 60°C | 8 days (during which windrow must be turned at least 3 times at no less than 2 day intervals) | 40cm |
Additional barriers
(a) your raw material must be meat-excluded catering waste
(b) (for compost) a second composting stage, using any of the above standards.
For this second stage, windrowing does not need to be housed and can be
done open (but the time/temperature and turning requirements remain the
same as for housed windrows)
(c) storage for a minimum of 18 days (this need not be in an enclosed
system).
Biogas plants must include one of the additional barriers. Composting plants must either use barrier (b), or both barriers (a) and (c). That is to say, there must either be two composting stages, or for meat-excluded catering waste only, one composting stage followed by storage.
Animal Health
9. Is there a disease risk?
It is believed that the 2001 foot-and-mouth outbreak, and the Classical swine fever outbreak in 2000, were caused by contaminated catering waste. This is why we need to ensure that premises wishing to use catering waste in composting or biogas treatment do so safely i.e. with statutory laid down parameters based on an independent risk assessment. In addition to existing local authority and Environment Agency approvals premises must be approved by Defra, and must be able to demonstrate that they are achieving the required treatment standards at all times, and have adequate premises hygiene standards and cleansing and disinfection facilities.
Approvals
10. Do I need an approval?
Yes. All composting and biogas plants treating catering waste containing meat or originating from premises handling meat must be approved by Defra. However, this does not apply to domestic householders composting their own kitchen waste on their own compost heap. Domestic householders will not be affected by the rules, unless they keep livestock (see the section on home composting below).
11. How do I go about getting an approval?
You will need to contact your local Animal Health Office, who will supply you with an application form and explanatory guidance. Application forms and the guidance are also available from the Defra website (the address is at the end of this document). If you are downloading the forms, you should still make your local Animal Health Office aware that you are applying, as veterinary officers from your local office will be dealing with your approval.
12. How long does the approval process take?
Once you have returned the application form to your local Animal Health Divisional Office (AHDO), the SVS will make an assessment of your application. If they are satisfied from your application that you are likely to comply with the requirements, they will then arrange for an inspection visit. If they are not satisfied with your application, they will write to you explaining why. This will give you the opportunity, if you wish, to correct any deficiencies identified and submit a further application. At the inspection visit, they will need to ensure that the treatment standards can be achieved and recorded, that the premises has sufficient hygiene controls and cleansing and disinfection facilities, and that all other requirements will be complied with. If the inspector is satisfied that the plant can process catering waste safely, you will then be issued with an approval. If the inspector is not satisfied, they will write to you and explain what the problem(s) are.
Home composting
13. Can I still compost at home?
Yes, provided you do not keep pigs or ruminants on the premises. If you are only composting your own kitchen scraps on your own compost heap, you are not affected by the rules. If you keep poultry, you may compost your kitchen scraps at home, but you must do so in an enclosed container.
14. What if I keep pigs or ruminants, can I still compost?
No. Contaminated catering waste is thought to have been the cause both of the foot-and-mouth disease outbreak in 2001, and the Classical swine fever outbreak in 2000. It is very important that livestock susceptible to diseases that can be transmitted through infected meat are kept away from catering waste. If you keep ruminants or pigs, even as pets, you must not compost on the premises. This includes composting your own kitchen scraps. Your kitchen waste can of course still be composted on an approved site elsewhere.
15. I’m not a farmer, I just have a pet pig. Can I compost?
No. Pet animals are just as susceptible to diseases as farmed animals, and must not be allowed access to catering waste. If you keep a pet pig or any pet ruminant you must not compost on the premises. This does not of course prevent you from sending your kitchen waste for composting on an approved site elsewhere. If you keep poultry and you wish to compost at home, you must do so in an enclosed container.
16. What about schools which want to compost, do they need to be approved?
Where catering waste is composted on the premises on which it originates, and the resulting material is applied only to land at those premises, the premises does not need to be approved (with the same restrictions with respect to pigs, ruminants and poultry as outlined in answers 14 and 15 above). So a school could run a composting project without needing an approval provided that (i) there are no pigs or ruminants on the premises; (ii) only catering waste generated on the premises is used; and (iii) the end product is used only on land at those premises, and not elsewhere. If there are poultry on the premises, composting may be done, but it must be done in a closed container. This is a general exemption for composting done on the premises where the catering waste originates, and could therefore also apply to places such as hospitals or prisons as well as schools.
17. What constitutes a ‘premises’?
It is not possible to give an all encompassing definition that will cover every case but generally speaking we would consider premises to be separate if they are operated completely separately, with separate exits and entrances, and (with respect to a business premises) separate personnel and equipment.
18. Are Defra field staff trained on the subject?
Yes. Veterinary Officers and Animal Health Officers have received special training on composting and biogas treatment. This covers the current rules, the background policy, and what they will need to know to inspect and approve premises. When staff at local level require it, further advice will be available from regional and national HQs.
19. What controls are there on the use of the compost?
Compost derived from catering waste and animal by-products may only be
used on non-pasture land. This means that livestock must not be allowed
access to land to which compost or digestion residues have been applied
for the following minimum time periods: (a) in the case of pigs, eight
weeks; (b) in the case of other farmed animals, three weeks. This grazing
ban is an extra barrier recommended by the risk assessment principally
to ensure the destruction of any Classical swine fever pathogen that may
potentially be present. This is why the ban is longer for pigs than for
other farmed animals.
Similarly, animals must also not be fed with anything cropped from land
to which compost or digestion residues have been applied, for the same
time periods (eight weeks for pigs, three weeks for other farmed animals).
Windrows
20. Can I use windrows for composting?
The requirement for a closed composting reactor has been built into the treatment standards in the Regulations. Open windrowing is not permitted. The only exception to this is when it is a secondary composting stage after the material has already been treated in-vessel in accordance with the Regulations.
‘Closed’ composting vessels may include housed windrows, provided that the building prevents access by birds and vermin. Other systems such as fabric covered, aerated systems can also be approved as closed systems, provided birds and vermin cannot gain access, and the covering material is durable (i.e. as well as preventing access by birds and vermin, it is resistant to the elements, and will not rot, tear or otherwise leave composting material exposed).
21. Are open windrows illegal?
Green waste (i.e. garden and park waste) can continue to be composted in open windrows, and is not affected by the rules. However, you cannot compost catering waste in an open windrow, except as a second composting stage where the catering waste has already been composted in a closed system.
22. Do I need a Waste Management Licence?
Yes. A waste management licence is issued under the Environmental Protection Act 1990 by the Environment Agency. If you keep, treat or dispose of controlled waste in or on the land then you will require a waste management licence.
However there are a number of exemptions from waste management licensing and these are listed in Schedule 3 of the Waste Management Licensing Regulations 1994. These exemptions specify the criteria that must be complied with if a site is not to require a licence and are generally for small scale recovery activities. Exemptions need to be registered with the Environment Agency.
The objective of the waste management licensing system is to ensure that waste management facilities do not cause pollution of the environment, do not cause harm to human health and do not become seriously detrimental to the amenities of the locality.
Thus, if you are composting catering waste you will need to obtain a licence from the Environment Agency or from the Scottish Environment Protection Agency (SEPA). The requirement for a waste management licence or exemption is in addition to any approval required by the Animal By-Products Order 1999 (as amended).
Should you require any further information concerning waste management controls then you should contact your local office of the Environment Agency or view the Agency website at www.environment-agency.gov.uk. The Agency’s general enquiry line 08708 506 506 will automatically put you through to your local office.
23. Where can I get further information or technical advice?
For further information on composting, you can contact the Composting Association, 3 Burystead Place, Wellingborough, Northamptonshire, NN8 1AH. Website: www.compost.org.uk
Page last modified:
9 June, 2008