On May 29, the Ministry for the Living Environment issued a new briefing regarding the classification of used cooking oil. This update confirms the professional stances previously outlined by the Ministry of Agriculture, the National Department for Environmental Protection, Nature Conservation and Waste Management, and NÉBIH (National Food Chain Safety Office).
The professional statements can be read by clicking here.
One of the most critical findings of the briefing is that the classification of used cooking oil is the responsibility of the waste producer, as they possess the information regarding whether the cooking oil has come into contact with materials of animal origin.
Key Guidelines for Catering Establishments
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“Under Commission Regulation (EU) No 142/2011, catering waste means all waste food, including used cooking oil, originating in restaurants, catering facilities, and kitchens, including central kitchens and household kitchens. Based on Regulation (EC) No 1069/2009 of the European Parliament and of the Council, EU rules on animal by-products apply to used cooking oil originating from restaurants/kitchens—with a few exceptions, such as used cooking oil from vegan restaurants that has not come into contact with material of animal origin, and exclusively plant-based used cooking oil derived from potato chip manufacturing.”
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“Classification as an animal by-product depends on whether the cooking oil has come into contact with materials of animal origin, as well as its intended final use.”
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“It is the obligation and responsibility of the business entity to qualify the cooking oil, as the business entity possesses the information regarding whether the cooking oil has come into contact with materials of animal origin.”
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“Furthermore, Regulation (EU) 2025/2181 will make the transport of used cooking oil as an animal by-product an exclusive rule. This also reinforces the position that if used cooking oil qualifies as an animal by-product, its transport is governed by the regulations applicable to animal by-products.”
In practice, this means that if the used cooking oil is generated during the frying of meat, fish, eggs, dairy products, or other raw materials of animal origin, it qualifies as a Category 3 animal by-product. However, if the cooking oil has interacted exclusively with ingredients of plant origin—for instance, in the case of a vegan restaurant—the classification may differ.
Upon request, we are more than happy to forward the related ministerial and authority statements to our partners.
NÉBIH is Already Inspecting Recipes
Regulatory enforcement practice supports the points mentioned above. During a recent inspection, NÉBIH examined the specific recipes of products prepared in oil. For used cooking oil that had come into contact with animal-based ingredients, the authority mandated the application of rules concerning Category 3 animal by-products. Therefore, it is highly recommended that restaurants review what is being fried in their oil as soon as possible.
Official Sources and References: