Food Law

Recent Articles

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  16.08.2023

  United Kingdom

  Food waste reporting to remain voluntary in spite of favourable consultation response

  The government has announced that the reporting of food waste will not be made mandatory for large businesses in England despite this proposal receiving overwhelming support from respondents to its consultation. As such, food waste reporting will remain on a voluntary basis until mid-2025, when a review will be undertaken.   BackgroundThe 2018 Resources and Waste Strategy for England outlined the government’s approach to tackling food waste in England, with a pledge to consult on the annual reporting of food surplus and waste by food business operators (“FBOs”) and on...

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  19.07.2023

  England and Wales

  Green light given to uncapped variable monetary penalties (VMPs) and their extension to environmental permitting regime

  SummaryOn 12 July 2023, DEFRA published its response to its recent consultation containing proposals applicable to England to (a) amend or remove the cap on VMPs – one civil penalty among a wide range of civil sanctions and traditional criminal sanctions which may be imposed for a breach of specific environmental offences – and (b) enable the Environment Agency (“EA”) to impose VMPs for alleged breach of the Environmental Permitting (England and Wales) Regulations 2016 (the “Environmental Permitting Regulations”)Our commentary on the April 2023 consultation can...

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  07.03.2023

  United Kingdom

  The new era of data reporting legal requirements to reduce food waste for a circular economy

  The emerging duties of data collection and reporting reflect a trend that is expected to be extended to food waste in the drive for sustainability and a circular economy. Although there are numerous individual projects addressing food waste there is currently little composite information on waste disposal within the food waste industry. As initially flagged by the Dimbleby National Food Strategy (NFS), the Westminster government is now addressing measures to gather data to better understand food waste systems and practices. Government is calling on industry to assist in gathering information...

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  24.02.2023

  United Kingdom

  Last call for registration of producers under the Scottish DRS for single use beverage containers

  Drinks producers must register with SEPA for the Deposit Return Scheme for Scotland (“DRS”) by 28th February 2023 if they sell drinks in Scotland in single use containers which are included in the DRS.The DRS is set to launch on 16th August 2023 and will mark a key milestone for the Scottish Government’s ambitions for a circular economy and extended producer responsibility. Plans to introduce similar schemes in the rest of UK are being developed (here).Who is obligated by the DRS?The DRS is built around the principle of producer responsibility, such that producers will be responsible...

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  17.02.2023

  United Kingdom

  The future of food labelling – informing without misleading

  The Competitions and Marketing Authority (“CMA”) has announced it is reviewing the accuracy of environmental claims made in the food and drink sector. Food business operators (“FBOs”) are encouraged to review the green claims policies as a result, or risk being subject to a CMA investigation, which is much more costly and intrusive than an Advertising Standards Agency complaint.We have previously reported that "the future of food labelling" is moving towards providing consumers with the information they require to make more sustainable purchasing decisions. The challenge...

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  16.02.2023

  United Kingdom

  A look into the upcoming deposit return schemes

  SummaryA new deposit return scheme (“DRS”) is being introduced in Scotland this year with further DRSs being introduced in England, Wales and Northern Ireland in 2025. DRSs are a way of encouraging more people to recycle drinks containers, such as bottles and cans. They work by charging anyone who buys a qualifying drink a small deposit for the bottle or can that it comes in. The customer gets this money back when they return the bottle or can to a collection point to be recycled.Under the Deposit and Return Scheme for Scotland Regulations 2020 (as amended) (the “Regulations”),...

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