Guidance

Storing food waste in sealed containers: RPS 332

Published 31 March 2025

Applies to England

This regulatory position statement (RPS) does not change your legal requirement to have an environmental permit for a waste operation when you store sealed containers of food waste, before they are transported to another place for recovery. 

However, the Environment Agency will not normally take enforcement action against you if do not comply with these legal requirements provided:

• your activity meets the description set out in this RPS
• you comply with the conditions set out in this RPS

In addition 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 nuisance through noise or odours
• adversely affect the countryside or places of special interest

1. When this RPS applies

This RPS applies to:

• the temporary storage of sealed containers of food waste (waste code 20 01 08)
• suppliers to food outlets who backhaul food waste to their distribution centres for bulking and temporary storage before it is sent for recovery 

This RPS cannot be used at sites with an existing environmental permit for a waste operation or installation.

2. Conditions you must comply with

You must:

• only receive food waste which has been placed into containers and sealed where the food waste was produced
• only store food waste in the original container that it arrived in
• keep records for 2 years to show that you have complied with this RPS and make these records available to the Environment Agency on request

You must notify the Environment Agency before you use this RPS by emailing wastetreatement@environment-agency.gov.uk and include:

• ‘RPS 332’ in the subject
• operator name
• addresses of all your locations that will be using this RPS
• contact details

You must not:

• open the sealed container in which the food waste arrives
• store more than 16 tonnes of food waste at any one time
• store waste for longer than 7 days before onwards transportation for recovery
• carry out any waste treatment activities

3. Things to note

Backhaul is where a delivery vehicle returns fully or partially loaded to its depot. Backhauling is a cost-effective way to reduce empty vehicle miles.

A sealed container is a plastic or metal drum with a screw top or clamped lid, or similar. Once sealed, there are no losses of liquids or odours.

This RPS relates to activities that the Environment Agency considers are potentially suitable to be an exemption under the Environmental Permitting (England and Wales) Regulations 2016.

4. When you must check back

The Environment Agency will review this RPS by 1 March 2028.

The Environment Agency can withdraw or amend this regulatory position before the review date if they consider it necessary. This includes where the activity that this RPS relates to has not changed.

You will need to check back from time to time, including at and before the review date, to see if this RPS still applies. You can subscribe to email updates about this RPS. This will tell you if the RPS has changed and when it has been withdrawn.

This RPS remains in force until it is removed from GOV.UK or is otherwise identified as having been withdrawn.

5. If you cannot comply with this RPS

If you operate under this RPS but can no longer comply with it, you must:

• stop the activity to which this RPS relates
• tell the Environment Agency immediately by emailing enquiries@environment-agency.gov.uk with ‘RPS 332’ in the subject

6. Contact the Environment Agency

If you have any questions about this RPS, email wastetreatment@environment-agency.gov.uk with ‘RPS 332’ in the subject.