Food Waste Legislation
Clearly Explained.
South Africa has had a legal framework for organic waste management since 2008. The 2027 landfill ban has been written into law since 2013. This page explains what the law requires, what it means for your commercial kitchen, and what you need to do about it.
NEMA-aligned guidance
We translate South Africa's environmental laws into practical steps you can act on.
2027 landfill ban clarity
Understand what must change. When and how to stay compliant.
Practical compliance next steps
Clear actions and solutions that help you reduce risk and protect y our business.
1. The law is clear
NEMA Section 2(4)(a)
National Environmental Management Act No 107 of 1998.
The National Environmental Management Act is the foundation of all South African environmental law. Section 2(4)(a) establishes the principle that sustainable development requires waste to be avoided where possible, and where it cannot be avoided, to be minimised, reused or recycled. Disposal to landfill is explicitly the last resort — permitted only when no other option exists.
Section 2(4)(p) goes further: the costs of remedying pollution, environmental degradation and adverse health effects must be paid for by those responsible for causing them. This is the “polluter pays” principle — and it applies directly to commercial kitchens that continue to send food waste to landfill after the 2027 deadline.
In plain language:
If your kitchen is generating food waste and sending it to landfill, you are failing at steps 1 through 4 and relying on the option the law prohibits. The Bokashi Bran® system addresses steps 1 through 4: measuring waste to reduce it, then diverting what remains to composting.
2. The Waste Act
National Environmental Management: Waste Act No 59 of 2008 — Section 16
The Waste Act falls under NEMA and gives effect to its principles. Section 16 places direct legal obligations on every holder of waste — which includes every commercial kitchen operator in South Africa. You are the holder of the waste your kitchen generates, and the law requires you to manage it from source to lawful final disposal.Responsibility
You are responsible for your waste from the moment it is generated until it reaches lawful final disposal. Handing it to a waste contractor does not transfer your legal responsibility — you must use a registered transporter and a permitted facility.
Avoid and minimise
Take all reasonable measures to avoid generating waste. Where waste cannot be avoided, minimise the volume and toxicity of what is generated. For commercial kitchens, this means measuring food waste against production metrics and actively managing avoidable waste.
Segregate at source
Separate recyclable material from non-recyclable material at the point of generation. Food waste must be kept separate from general waste, packaging, glass and metals. Contaminated food waste undermines the recyclability of everything it touches.
Store safely
Store waste in a way that does not endanger health, contaminate the environment, create nuisance through odour, or attract pests. Sealed bokashi-treated drums satisfy this requirement directly.
Dispose lawfully
Dispose of waste only at a permitted facility or through an approved treatment process. From 1 January 2027, a general waste landfill is not a permitted facility for food waste. Composting, vermicomposting and other approved organic treatment processes are.
Keep records
Maintain records of waste volumes, collection, transport and disposal. Monthly Bokashi Bran® collection reports and annual IEMA-certified certificates constitute your compliance record.
The Bokashi Bran® system satisfies every one of these obligations: your food waste is segregated at source, treated and sealed in drums (safe storage), collected by a registered transporter, taken to a licensed composting facility or composted on site (lawful disposal), and documented in monthly reports and an annual certificate (records). From source to compost — fully covered.
3. The 2027 deadline
National Norms and Standards for Disposal of Waste to Landfill — GRN 636, Government Gazette 36784, 2013
The Waste Act empowers the Minister of Environment to set norms and standards for waste management. In 2013, GRN 636 was published in Government Gazette 36784, setting binding time frames for the prohibition of certain waste streams from landfill disposal. This is not proposed legislation. It is not a draft policy. It is law, and it has been law since 2013.
You are already non-compliant. If your kitchen is sending food waste to landfill today, the liquid waste regulations have applied since 2019. Putrefied food waste has a pH of approximately 4 and a moisture content well above 40% — both criteria for the ban that came into effect six years ago. 2027 is not the first deadline. It is the final one.
Bokashi Bran® has been diverting post-consumer food waste from landfill since 2012. Our clients have been compliant — with documented proof — since day one. Getting your kitchen compliant takes days, not months. [Link: Get compliant today]
4. Extended Producer Responsibility
GN 1187, Government Gazette 43882, 2020 — Extended Producer Responsibility Regulations
In 2020, extended producer responsibility (EPR) regulations were published under GN 1187, Government Gazette 43882, extending the EPR framework to include biodegradable and compostable plastic packaging. These regulations affect commercial kitchens in a specific way: if you use compostable or biodegradable packaging — compostable cups, cutlery, straws, food containers or packaging — the producers and importers of those products are required to fund end-of-life management systems. As a user of those materials, you need to understand what they are, what they can do, and what evidence you need to keep.
Compostable packaging
Packaging certified as compostable is designed to break down in controlled composting conditions. It is often accepted in organics streams — including bokashi-based composting — with proof of certification. Keep supplier declarations and certification documentation. Do not assume compostable packaging will break down in a general waste bin or landfill: it will not.
Biodegradable packaging
Biodegradable packaging breaks down over time but not necessarily under composting conditions. It is not automatically accepted in organics streams and should not be placed in food waste drums without confirmation from Bokashi Bran®. When in doubt, treat it as general waste.
Your obligations as a packaging user
If your suppliers are producers or importers of more than 10 tonnes of packaging annually, they are required to register with an Extended Producer Responsibility Organisation (PRO): eWASA, Fibre Circle or Polyco. Request evidence of their EPR registration. Keep records of the types and volumes of packaging you use. This forms part of your integrated waste management obligation under NEMA.
The three EPR organisations
eWASA (Extended Waste Aggregator of South Africa) — covers single-use plastic and compostable products. Fibre Circle — covers paper and paper packaging. Polyco — covers plastic packaging. One or more of these applies depending on the packaging your suppliers use.
EPR does not change your food waste compliance obligation — it adds a parallel packaging management obligation. If you are already separating food waste and keeping Bokashi Bran® monthly records, you have the foundation of a compliant waste management system. Adding packaging documentation is a straightforward next step.
5. City of Cape Town — Already In Effect
City of Cape Town Integrated Waste Management By-Law (2009) — Section 10 · City Manager Notice CTA89/2022
The Western Cape is leading the country on organic waste enforcement. While the national 2027 deadline approaches, the Western Cape Government has already instructed all organic waste generators to divert 50% of organic waste from landfill by 2022 and 100% by 2027. The City of Cape Town has enforced this through a formal notice to all organic waste generators in the hospitality and food manufacturing and processing industries.What the City of Cape Town requires
City Manager Notice CTA89/2022 requires all organic waste generators in the hospitality and food manufacturing and processing industries to submit an Integrated Waste Management (IWM) Plan to the City for consideration and approval. The IWM Plan must demonstrate how organic waste will be progressively diverted from landfill, with the goal of 100% diversion by 2027.- Applies across the Western Cape.
- Required for designated premises and waste generators.
- Plan must show how you will avoid, reduce, reuse, recycle and treat waste.
- Non-compliance can result in fines, penalties or operational restrictions.
The Bokashi Bran® monthly collection reports and annual IEMA-certified certificate provide the core data required to support an IWM Plan submission: documented waste volumes, diversion rates, composting methodology and annual carbon impact. If you are a Western Cape operator and have not yet submitted an IWM Plan, this is an active compliance obligation that predates the national 2027 deadline.
Submit your IWM Plan
The City of Cape Town provides an online submission portal for IWM Plans:
Submission portal: http://web1.capetown.gov.za/web1/swma/
Enquiries: waste.accreditation@capetown.gov.za
If you operate in the Western Cape and use Bokashi Bran®, your monthly reports and annual certificate give you the documented diversion data you need for your IWM Plan submission. Contact Amy Hansen to request a data export for your submission: amy@bokashibran.co.za · WhatsApp 083 790 1043
6. What this means for your business
The law has been clear since 2013. The 2027 deadline is not a warning — it is the final milestone in a framework that has been running for twelve years. If you are still sending food waste to landfill, you are already behind.
Your compliance risk
Non-compliance notices
NEMA empowers authorities to issue compliance notices requiring remediation within a specified time frame. Non-compliance with a notice can result in criminal prosecution.
Administrative fines
The Waste Act provides for administrative fines for non-compliance. The cost of a compliance notice, legal response and operational disruption significantly exceeds the cost of a Bokashi Bran® service contract.
Reputational exposure
As sustainability becomes a standard component of corporate procurement and hotel group reporting, operators without documented food waste diversion face increasing scrutiny from clients, auditors and industry bodies. The question is no longer whether you have a programme — it is whether you can prove it.
Carbon Tax Act 15 of 2019
As carbon pricing matures in South Africa, the financial case for documented, certified emissions reduction strengthens. Your IEMA-certified carbon certificate is a financial asset as well as a compliance document.
What you need to have in place by 2027
Food waste separated at source
All post-consumer food waste separated from general waste in every kitchen outlet, on every shift, every day.
Treated and stored safely
Food waste treated with Bokashi Bran® inoculant and held in sealed drums before collection or composting.
Collected by a registered transporter
Food waste collected by Bokashi Bran®, a registered waste transporter, and taken to a commercial composting facility — or composted on site through an approved method.
Documented and reported
Monthly collection records and an annual IEMA-certified carbon certificate providing verifiable proof of diversion.
Available for inspection
Compliance documentation available on request for municipal inspections, audit processes or IWM Plan submissions.
How long does it take to get compliant?
Getting your kitchen compliant with Bokashi Bran® takes days, not months. We assess your volumes, configure the drum setup, train your SCHWAS team and begin collections within a week of your first contact. Your first monthly report is ready the following month. Your first annual certificate is issued at year end. There is no excessive capital expenditure, no costly equipment to install and no operational disruption.
If you're still landfilling food waste, you're already non-compliant.
Putrefied food waste has a pH of 4 - already banned from landfill since 2019 under the liquid waste regulations.
Don’t wait for an enforcement notice.
Get ahead of the 2027 landfill ban and protect your business, your reputation and our environment.
Bokashi Bran® has been diverting post-consumer food waste from landfill since 2012. Over 100 commercial kitchen clients are already compliant, documented and certified. Contact us to get started.
[Primary CTA] Get a quote [Secondary CTA] Call Frank: 063 952 7033
Or contact Bronwyn directly: bron@bokashibran.co.za · 082 456 9225