Sanitary bins and nappy bins fill with a type of waste most businesses never think about until an auditor asks for the paperwork. This guide explains what offensive waste is, when it must be handled separately and what your duty of care means in practice. It describes the rules in England.
In short
- Offensive waste is not infectious and contains no medicines or chemicals, but is unpleasant to handle. Used sanitary products and nappies are typical examples.
- More than 7kg, or more than one bag, in a collection period must be kept separate from mixed general waste.
- Every business that produces waste has a legal duty of care for it under section 34 of the Environmental Protection Act 1990.
- Give it only to someone authorised to take it, describe it on a waste transfer note, and keep the note for at least two years.
- One note, often called a season ticket, can cover regular collections for up to a year.
What counts as offensive waste
Environment Agency and Defra guidance defines offensive waste as non-clinical waste that is non-infectious and does not contain pharmaceutical or chemical substances, but may be unpleasant to anyone who comes into contact with it. Hygiene waste and sanitary protection, such as nappies and incontinence pads, are given as examples.
Waste like this from ordinary washrooms in offices, schools, shops and venues is municipal offensive waste. Its List of Wastes code is 20 01 99, and it is non-hazardous. Offensive waste from healthcare uses different codes (18 01 04 for human healthcare), so clinics and care settings should follow the healthcare rules instead.
When it must be kept separate
The same guidance sets a clear threshold. If you produce more than 7kg of municipal offensive waste, or more than one bag, in a collection period, you must segregate it from your mixed municipal waste. Below that, you can put it in with your general waste, using code 20 03 01.
A small office with one staff toilet may stay under the line. A school, a busy venue or a building with several washrooms can pass it easily.
Your duty of care
Section 34 of the Environmental Protection Act 1990 places a duty of care on anyone who produces, keeps, carries, treats or disposes of controlled waste, which includes the waste a business produces. The government’s code of practice says you must take all reasonable steps to:
- prevent your waste being dumped, treated or disposed of illegally
- stop it escaping from your control while you store it
- hand it only to someone authorised to take it
- describe it accurately when you hand it over
Failing in the duty of care is a criminal offence and can lead to a fine.
Check who takes your waste
The code says you should check that a business is authorised before you give it your waste, and use the public register to check any evidence it shows you. A washroom company carrying waste from your site should hold an upper-tier registration with the Environment Agency, which lasts three years before it must be renewed.
This is changing. From 22 July 2027, new regulations replace carrier, broker and dealer registration in England with environmental permits. Existing upper-tier carriers move across when their registration is next due for renewal. Government guidance says that if your waste goes to a business with a permit to arrange its treatment as well as carry it, you will not need a permit yourself. Ask your supplier which permit it will hold.
Describe it on a waste transfer note
Each transfer of non-hazardous waste must be covered by written information, usually called a waste transfer note. Under regulation 35 of the Waste (England and Wales) Regulations 2011, it must include:
- a description of the waste and its List of Wastes code
- the quantity, and whether it is loose or in a container (and what type)
- the time and place of the transfer
- the names and addresses of both parties, with the carrier’s registration number
- your business’s SIC code
- confirmation that you have applied the waste hierarchy
Both parties sign it (electronically is fine). You must keep it for at least two years and produce it within seven days if the Environment Agency or your council asks to see it.
Season tickets
For regular transfers of the same type of non-hazardous waste with the same carrier, the code of practice allows a single note to cover a series of collections for up to one year. If you have several sites, they can be listed in a schedule to it. Keep a record of collection dates and quantities alongside it.
Checklist
- Work out whether your sanitary and nappy waste goes over 7kg or one bag per collection.
- Look up your collector on the public register and save a copy of the entry.
- Ask for a waste transfer note for each site, with the right code (usually 20 01 99) and your SIC code.
- Put the renewal date of your annual note in the diary.
- Keep notes for at least two years, somewhere you can find them within seven days.
- Ask your supplier how it is preparing for the 2027 permit changes.
We give every customer an annual waste transfer note for each site and a copy of our upper-tier carrier registration, and both are in your online account. Our compliance page lists the full pack.
Sources
- Environmental Protection Act 1990, section 34 (legislation.gov.uk)
- The Waste (England and Wales) Regulations 2011, regulation 35 (legislation.gov.uk)
- Waste duty of care code of practice (GOV.UK)
- Healthcare and related wastes: how to classify (GOV.UK)
- Register or renew as a waste carrier, broker or dealer (GOV.UK)
- Register of waste carriers, brokers and dealers (Environment Agency)
- Reforming the waste carrier, broker and dealer system (GOV.UK)
- The Environmental Permitting (Waste Controlling or Transporting) and Relevant Functions of Primary Authorities (Amendment) (England) Regulations 2026 (legislation.gov.uk)
