What is RPS 229?
Regulatory Position Statement (RPS 229) is a regulatory position statement that clarifies the Environment Agency’s enforcement approach to the storage and treatment of food waste at premises such as restaurants, cafes, takeaways, and similar establishments.
This regulatory position statement (RPS) does not change your legal requirement to get an environmental permit for a waste operation when you store and treat food waste on the same premises where food is prepared and served.
However, the Environment Agency will not normally take enforcement action if you do not comply with this legal requirement, provided that:
- Your activity meets the description set out in the RPS
- You comply with the conditions set out in the RPS
Additionally, your activity must not cause (or be likely to cause) pollution of the environment or harm to human health, and must not:
- cause a risk to water, air, soil, plants, or animals
- cause a noise nuisance or odour nuisance
- adversely affect the countryside or places of special interest
What activity does the RPS apply to?
The RPS applies to storing and treating food waste derived from the preparation or consumption of food on the same premises where that food has been prepared and served.
The RPS does not apply to waste produced by the food manufacturing and processing industry.
In the RPS, a premises is defined as a single identifiable:
- restaurant, cafe, or takeaway
- building with multiple restaurants, cafes, food halls within it, for example, a shopping centre, hospital, or prison
The premises must be owned or operated by, or on behalf of, a single owner or occupier.
What are the July 2025 updates to the RPS 229?
In July 2025, a new condition was added to the RPS.
This conditions states that “you must present food waste for separate waste collection”.
A link has been added to the guidance on ‘Simpler recycling: workplace recycling in England’, which you may need to comply with.
What are the other conditions that must be complied with?
For the RPS to apply to your activity, you must also comply with several other conditions, namely you must:
- Only store and treat food waste with waste code 20 01 08 (biodegradable kitchen and canteen waste)
- Only store and treat food waste resulting from the preparation of food or leftover food that is not sold or consumed
- Store and treat the waste at the premises where the food was served, for example, at a restaurant, cafe, or canteen, including premises that serve food prepared off-site
- Only treat the food waste using equipment which removes non-food waste contamination and then macerates, heats, grinds, liquefies, dewaters, separates, screens, digests, or composts the food waste
- Follow the manufacturer’s instructions to operate and maintain the equipment
- Store and treat the food waste in a secure place – one where you have taken all reasonable precautions to prevent waste escaping and where the public cannot access it
- Store the waste in containers that are fully enclosed and leak-proof
- provide secondary containment for liquid waste stored outside, such as a bund or any other system that prevents waste from escaping
- Keep records for two years from the date of the last use of the RPS to show that you have complied with the RPS, and make these records available
You must not:
- Treat over 100 cubic metres of waste a day
- Store over 50 cubic metres of waste at any time
- Store waste for more than 7 days – unless it is treated solid waste, which is stable and sanitised, in which case you can store it for up to 30 days
What else should I keep in mind?
You may need:
- authorisation from the sewerage undertaker to discharge effluent from treating food waste if your equipment is connected to a foul sewer
- to comply with the regulations for animal by-products and simpler recycling
You must prioritise waste treatment processes that ensure compliance with the food and drink waste hierarchy: deal with surplus and waste.
This is not a comprehensive list of the legal requirements that you must meet, and you should seek professional guidance if unsure about your rights and responsibilities.
Monitoring the RPS for changes
The RPS indicates that the Environment Agency will review the RPS by 30 June 2028.
The Environment Agency can withdraw or amend this regulatory position before the review date if it considers it necessary.
We urge those who are affected by this RPS to ensure they keep abreast of any developments, including at and before the review date, to see if this RPS still applies.
You can subscribe to email updates about this RPS. These will tell you if the RPS has changed and when it has been withdrawn.
Our specialist team can support you with compliance awareness so that you do not get caught out by changes. Contact James Edes today for help.