Annex II, Chapter VI of Regulation (EC) No 852/2004 — Food waste

Rationale and origin

Chapter VI of Annex II is one of the general hygiene requirements referred to in Article 4, which requires food business operators after primary production to comply with Annex II Article 4(2) of Regulation (EC) No 852/2004. Its purpose is to stop refuse from becoming a reservoir of cross-contamination: accumulating food waste and decaying by-products attract pests, foster microbial growth and can transfer biological and chemical hazards to food being handled. Waste management is therefore part of the prerequisite programmes on which the HACCP-based procedures rest, not a marginal environmental formality.

The Chapter follows a logical sequence: prompt removal (paragraph 1), adequate containment (paragraph 2), organised storage and disposal (paragraph 3), compliant final elimination (paragraph 4). Each paragraph uses mandatory wording, but carries the flexibility typical of the Regulation through the qualifiers "as quickly as possible", "where necessary" and "adequate", which Article 2 reads as meaning "where necessary, appropriate or adequate to achieve the objectives of this Regulation" Article 2(3) of Regulation (EC) No 852/2004.

Who is covered

The Chapter binds every food business operator running its own premises after primary production: restaurants, bars and cafés, food trucks, workshops, factories, stores and retailers. For movable and temporary premises it combines with Annex II, Chapter III. Business size affects the "how", not the "whether": a small bar complies with a closable container and frequent collection, a factory with a dedicated refuse store.

What is covered

The object is threefold: "food waste", "non-edible by-products" and "other refuse" Annex II, Chapter VI, point 1 of Regulation (EC) No 852/2004. The four rules:

Two textual points. First, paragraph 2 does not prescribe a single container model: the closable container is the default standard, derogable only after the operator demonstrates to the competent authority that the alternative system (for example sealed conveyors or vacuum evacuation) is fit for purpose. The burden of proof lies with the operator. Second, paragraph 4 expressly refers to "Community legislation applicable to that effect": Chapter VI governs hygiene inside the establishment, while the final destination of waste remains governed by EU rules on waste and by-products.

Coordination with other rules

Chapter VI reads together with Chapter I, which sets the general requirements for premises and prevents refuse storage from generating contamination, and with Chapter V on equipment, since refuse containers are equipment to be kept clean Annex II, Chapter V, point 1 of Regulation (EC) No 852/2004. The closest link is with Chapter IX, which requires food to be protected against any contamination at all stages Annex II, Chapter IX, point 3 of Regulation (EC) No 852/2004: refuse management is one of the measures making that protection effective.

Interpretatively, the Chapter must be kept distinct from two neighbouring regimes. On one side, the redistribution of food introduced in 2021 by Chapter V-bis: safe food donated for solidarity purposes is not waste and does not fall under Chapter VI Annex II, Chapter V bis, point 1 of Regulation (EC) No 852/2004. On the other, animal by-products not intended for human consumption, which have their own EU framework (Regulation (EC) No 1069/2009, see Sources): in our view the paragraph 4 reference to EU law also captures that regime where the refuse is of animal origin.

Practice and interpretive issues

"As quickly as possible" is not "immediately". Paragraph 1 requires accumulation to be avoided, not real-time removal of every item. Commission Notice 2022/C 355/01 (see Sources) places waste management among the good hygiene practices: the emptying frequency should be scaled to the volume generated and the risk, and documented in the food safety management manual as a prerequisite procedure.

Closable container and hands-free opening. The Regulation requires the container to be closable but does not, in itself, mandate a foot pedal. In our view, in areas where unwrapped food is handled a hands-free opening is the technically coherent solution to the duty to avoid contaminating the hands, by analogy with the washbasin requirement in Chapter I; it remains, however, a good-practice measure, not an express wording of Chapter VI.

Dedicated refuse room. Paragraph 3 does not always require a separate room: it speaks of "adequate provision" and of stores "where necessary" free of pests. For small businesses an identified, managed area is enough; high volumes or higher-risk waste call for a dedicated store. The choice must be justified against the risk.

Penalties

Chapter VI carries no penalties of its own: enforcement is left to the Member States, which must make it effective, proportionate and dissuasive Article 17(2) of Regulation (EC) No 178/2002. In Italy, breach of the Annex II general hygiene requirements, including Chapter VI, is subject to the administrative penalties of Legislative Decree No 193/2007 Article 6 of Italian Legislative Decree No 193/2007; the national framework is set out on the Italy country page.

As at the update date of this page, there is no Court of Justice of the European Union ruling specifically interpreting Chapter VI of Annex II to Regulation (EC) No 852/2004. National case law on food waste usually concerns the interface with environmental waste law and with the animal by-products framework, and does not bear on the hygiene requirements discussed here.

Chapter VI is directly applicable and needs no transposition. Member States act only on penalties and on official controls, which verify compliance with the general hygiene requirements Article 9 of Regulation (EU) 2017/625. For Italy: penalties under Legislative Decree No 193/2007 Article 6 of Italian Legislative Decree No 193/2007, general framework on the Italy country page.