Rob Biddlecombe, partner and head of environmental law at Mills & Reeve, looked at strategies for promoting food recycling, particularly in the context of the new Simpler Recycling rules.
Food waste is not just an environmental issue, it's also an economic and a social issue. In England, millions of tons of food are wasted every year, contributing to greenhouse gas emissions, lost resources and missed opportunities to feed those in need. At the same time, businesses face growing expectations from consumers, investors and regulators to demonstrate credible action on sustainability. 29 September 2025 marked the UN's sixth International Day of Food Loss and Waste, which called for the expansion and strengthening of stakeholder efforts to reduce food loss and waste as a critical element of securing a sustainable food future.
Recent years have seen increased public scepticism regarding green initiatives. Recycling is not immune to that scepticism due to, for example, confusion about recycling rules because of inconsistency across the UK and its perceived ineffectiveness (with reports highlighting large amounts of waste being exported). Food recycling faces particular challenges when compared to dry recyclables because it’s messy, it can create odours and it can attract pests and vermin.
In England, the Simpler Recycling rules, which have been in force since 31 March 2025, require all businesses (except micro-firms – ie. businesses with fewer than 10 full time employees – which are exempt until 31 March 2027) to separate food waste collection from other dry recyclables. Non-compliance with this requirement can lead to the issuing of a compliance notice and, if that is not complied with, prosecution. The Government has also simplified how the public can report businesses that don’t comply. From 31 March 2026, local authorities will be required to collect food waste separately from dry recyclables from all households in England. Where households do not separate their waste, a fixed penalty notice can be served.
Apart from enforcement, less formal means can be adopted to encourage food recycling. For example, there is scope to improve public awareness of the link between food waste and carbon emissions, and of how food waste can be used as feedstock for anaerobic digestion, which can, in turn, generate energy. The provision of free food waste caddy liners by local authorities may also promote recycling. At the moment, there is no consistency in the approach across England: some local authorities offer free liners, some offer a limited supply of free liners and some do not offer any free liners. In workplaces, clear signage and regular updates to show how much food waste has been recycled can promote recycling, as can regular emptying of the caddies.
Reducing the frequency of residual (ie. non-recyclable) waste collections is a controversial tactic. On the one hand, proponents argue that less frequent residual collections will compel people into recycling more and the money saved by decreasing residual collections can then be spent on recycling. However, opponents contend that it will lead to overflowing bins and associated health risks, increased risk of fly tipping and side waste, and a disproportionate impact upon larger households, flats without storage space and households with people who have specific medical needs. In addition, such action could potentially lead to a behavioural backlash which may, perversely, result in less recycling taking place. The most recent guidance from Defra to waste collection authorities notes these potential risks and underlines that the service they provide must meet local needs and provide value for money to the taxpayer.
Therefore, whilst there is a role for enforcement and pressure by authorities, the success of food recycling will depend upon making food recycling something that people want to do – and that depends on making it user-friendly and giving people a sense of purpose in doing it.
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