Government threatened with legal challenge over food waste reporting

A campaign group has threatened the Government with judicial review over its decision not to make food waste reporting mandatory for large and medium sized businesses.

Law firm Leigh Day has sent a letter before action on behalf of food waste campaign group Feedback to the Department for the Environment, food and Rural Affairs (Defra).

This followed Defra’s decision to keep food waste reporting on only a voluntary basis due to the perceived costs to businesses of following a mandatory system.

The object of food wastage reporting is to make it clear how much has been wasted and by whom so action could be taken by firms concerned.

Feedback said this would have “dramatically cut food waste”, which stands at some 9.5m tonnes a year, more than two-thirds of which was edible.

It said the voluntary approach had had some success with food waste reporting having saved 251,000 tonnes of otherwise wasted food - worth £365m - since 2005, but this “could only be improved” by a mandatory system.

Feedback said Defra’s approach was irrational as measuring food waste improved data, which in turn helped businesses to spot opportunities to cut wastage.

It said studies showed a £14 return for every £1 that businesses spent on cutting food waste.

Leigh Day’s letter said Defra’s stance was unlawful because it was not based on a reasonable or rational view of the evidence.

Solicitor Ricardo Gama said: “The Government has decided to continue with a voluntary food waste reporting scheme even though all the expert advice said that voluntary measures aren’t working.

“That includes advice from the Climate Change Committee, who have said that mandatory food waste reporting should have been introduced by 2022 in order for the UK to stay on the balanced net zero pathway.

“All the evidence shows that the costs to the shopper of introducing a mandatory requirement will be massively outweighed by savings which would be achieved by reductions in food waste. Our clients say it is impossible to see how the Government’s decision can be based on a rational reading of the evidence.”

A Defra spokesperson said: “We are yet to receive a formal legal challenge and cannot comment further on legal matters.

“A regulatory approach would increase costs for businesses and the public sector, which might be passed on to consumers. We therefore believe the right approach at this time is to enhance the existing voluntary approach to food waste reporting.”

Mark Smulian