On 14 June 2018 the revised Waste Framework Directive (EU) 2018/851 was published in the Official Journal of the European Union. As EFFPA (the European Former Foodstuff Processors Association) called for, the new waste legislation includes an exclusion for substances destined for use as feed materials (Article 2(2,e)). In recital 8 it is explained that this change should avoid the situation where substances already covered by feed legislation are unnecessarily included in the scope of waste legislation. This confirms that when former foodstuffs are placed on the market as safe feed materials, they cannot be downgraded to waste based on interpretation of the by-products criteria by competent environmental control authorities.
EFFPA President Paul Featherstone: “We welcome this legal recognition that makes clear that former foodstuff processing is part of the food production chain. There can no longer be any confusion about the fact that we are genuine feed manufacturers who source materials that have not been considered waste at a previous stage”.
The amendment is also relevant in the light of the new definition of “food waste” (Article 3(4,a) – food waste is food that has become waste), as food is prevented from becoming a waste when it is used in feed. EFFPA welcomes the announced work on food waste monitoring in the Member States, which should see former foodstuff processing as part of national food waste prevention measures.
The Member States have until 5 July 2020 to bring into force the laws, regulations and administrative provisions necessary to comply with the revised Waste Framework Directive.