Regulation 13 – Offences

Q.1. If
(a) a waste producer, or
(b) a waste collector
is not compliant with the regulations, what are the fines etc?.

Answer: Regulation 13 sets out a schedule of offences that may be committed by a waste producer and a waste.

An offence committed under the Food Waste Regulations represents an offence under the Waste Management Acts: 1996, as amended. The potential penalties are set out in Section 10 of the Waste Management Act:

Section 10.—(1) A person guilty of an offence under this Act (other than an offence referred to in subsection (2)) shall be liable—
( a ) on summary conviction, to a fine not exceeding € 3000 or to imprisonment for a term not exceeding 12 months, or to both such fine and such imprisonment, or

( b ) on conviction on indictment, to a fine not exceeding €15,000,000 or to imprisonment for a term not exceeding 10 years, or to both such fine and such imprisonment.

(2) A person guilty of an offence under section 16 (5), 32 (6) (where the offence consists of a contravention of regulations under subsection (4) of that section), 33 (8), 38 (7) or 40 (13) shall be liable on summary conviction to a fine not exceeding € 3000 or to imprisonment for a term not exceeding 12 months, or to both such fine and such imprisonment.

(3) If the contravention in respect of which a person is convicted of an offence under this Act is continued after the conviction, the person shall be guilty of a further offence on every day on which the contravention continues and for each such offence the person shall be liable, on summary conviction, to a fine not exceeding € 1000 or (in the case of an offence to which subsection (1) applies) on conviction on indictment, to a fine not exceeding € 130,000