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15 February 2023 General

FPA response to recent Welsh Government Consultations

FPA response to the Welsh Government Consultation on the Separate Collection of Waste Materials for Recycling and to the Welsh Government Consultation on proposals for enforcing business, public and third sector recycling regulations in Wales.

FPA response to the Welsh Government Consultation on the Separate Collection of Waste Materials for Recycling

Question 1: Please specify which sector you are representing:

vi) None of the above: Packaging trade association specialising in packaging used by foodservice businesses, restaurants, pubs & bars and caterers

Question 2: How useful is the code in explaining the separation requirements?

ii) Mostly useful

The sub-fractions are laid out clearly however reviews should be built in to allow for new materials being developed and current materials that may not be readily recycled becoming more recycled as investment in new reprocessing facilities are made

Question 3: Do you understand which premises are covered by the proposed separation regulations?

i) Yes

However we aren’t certain whether the premises includes mobile facilities and street food / stalls.

Question 4: Do you understand the explanation of an ‘occupier’, who is required to comply with the separation requirements?

i) Yes

Question 5: There are some exemptions from the separation requirements explained in the code, for example for reasons of national security, hazardous or clinical waste or to protect confidentiality or personal data. Are you aware of any other areas that should be exempt from the separation requirements?

ii) No

Question 6: Do you find the inclusion of information about other complementary legislation operating alongside the regulations (e.g., duty of care) useful?

i) Very useful

As further packaging legislation his introduced it is very helpful to contain relevant information from complementary legislation in all documents. Simplifying the communication of regulations into one portal would be of immense help to small businesses especially. Such businesses have limited resources to guide them through complex regulations, while for many in foodservice English is not their prime language.

Question 7: Are you satisfied with the definitions provided in the glossary?

i) Yes

Question 8: Are you satisfied with the explanation of sub-fractions that should be placed into separate streams?

ii) Somewhat satisfied

A regular review of explanations will be needed as reprocessing facilities change and new materials are used. 

Question 11: We intend to include cartons in the metal and plastic stream. Do you agree this is the best stream to place cartons in?


We are pleased cartons are being collected. Many foodservice businesses placing them in this stream will require some education. Conversations held with smaller operators has revealed they view cartons as a paperboard based pack and so their natural inclination is to place cartons  in the paper stream. Most important is to have a definite ruling and communicate this clearly. A large number of cartons are used by foodservice operators and caterers

Question 12: Should this material stream (i.e., metal/plastic/cartons) also include ‘other fibre-plastic composite packaging of a similar composition to cartons’? This wording is intended to capture materials such as rigid paper containers (for example packaging used for crisps) and cups used for hot drinks?

i) Yes

We greatly welcome the placing of paper cups in this stream and believe the definition need only state ‘other fibre-plastic composite packaging’ without the reference to cartons. Knowledge on the make up of cups varies greatly so a defined list of packaging will need to be produced rather than a generalised description. We would also like a reference to the mandatory take back of paper cups to be included in the UK government’s EPR legislation. This means more coffee shops and cafes will have used paper cups on their premises. Facilities reprocessing paper cups must be recognised in the regulations so we have a more joined up system. Boy including cups more below de minimis sellers of drinks in them will be encouraged to participate. We would also like cold drinks cups to be included.

We propose compostable composite fibre-plastic packaging cups, designed to be industrially composted, should be collected separately by those traders using compostables who will then use their current specialist waste channels to collect and reprocess them? Alternatively compostable cups should be placed in food waste.

Question 13: Do you agree with this approach for hospitals?

i) Yes

A large number of the items referred to in Q.12 are used in hospital catering 

Question 14: If you have any comments in respect of the code or the proposed regulations which aren’t addressed directly in the above-mentioned questions, please outline these in the response form below.

Communication of the code is vital and should bear in mind the multiple languages used by smaller foodservice operators. We would therefore like guidance to made available in multiple languages to reflect the very diverse nature of the sector and the language skills of those who will be placing items in bins. Often it is agency staff that are used in kitchens to clean and dispose of waste. Guidance must be made available soon to enable retailers to have the necessary bins in place and to conduct staff training. An in-kitchen poster would be very welcome.

View the consultation here

FPA response to the Welsh Government consultation on proposals for enforcing business, public and third sector recycling regulations in Wales

Question 1: Is the proposed FMP of £300 for the offences at rows 1-2 in table 1 above proportionate? If not, why not? Please refer to other similar/comparable regimes if appropriate. 


However we need to understand better the level of policing involved and what that will mean for foodservice operators in practice. Of course the incentive is for business owners to train their staff but in busy kitchen mistakes can easily be made. What of bins placed outside premises that the public can access. A possibility being the placing of incorrect items in retailers’ bins by members of the public. Would an option be on the ‘first offence’ to mandate the attendance of a course similar to those for speeding offences? Surely this would be more constructive use of the fines?

View the consultation here