Due to the way in which it can improve soil structure and water retention to better encourage plant growth, horse manure has been used as a natural fertiliser for centuries. Despite its clear use in agriculture, regulation is increasingly viewing horse manure as a waste-management problem.
Why is horse manure challenging to classify?
Classified by DEFRA and the Animal and Plant Health Agency as a Category 2 Animal By-Product, horse manure is already subject to health controls. Its classification as Animal By-Product does not automatically determine horse manure to be waste. Waste law takes a more nuanced view of the material and reserves the classification based on whether the holder discards, intends to discard or is required to discard it.
How does Government guidance treat horse manure?
Government guidance accepts that horse manure is not necessarily waste. GOV.UK states that, when manure is disposed of, it is waste unless it is used as soil fertiliser, lawfully spread on clearly identified agricultural land and stored only for that purpose. While this guidance addresses disposal, its practical effect is to favour direct agricultural spreading as the clearest non-waste route.
How should businesses handle horse manure?
When businesses seek to collect, compost, bag and market clean horse manure, they may be drawn into the waste regime. The material may have to be transferred by an authorised person and taken to an exempt or permitted facility. Composting and storage may require further environmental authorisation.
However, businesses may feel the pressure of such requirements given that the burden is difficult to justify when global fertiliser markets remain exposed to geopolitical conflict, energy-price shocks and disrupted international supply chains. Recovered manure can provide nutrients while supporting the circular economy.
Yet small enterprises remain exposed to the challenges that come from the way in which overlapping Animal By-Product and waste controls in the UK can create disproportionate cost and uncertainty. The lack of clarity has resulted in critics reasonably describing this as red tape strangling enterprise, viewing it as regulation that favours established waste operators while discouraging local businesses from converting a traditional fertiliser into a marketable, sustainable product.
While it is apparent that safeguards are needed, there is debate as to whether the current layering of controls is proportional to the risks involved. Therefore, it is wise to seek professional legal advice to ensure that compliance is maintained when handling horse manure.
Our specialist team can support you with compliance awareness so that you do not get caught out. Contact John Dyne today for help.