NÉBIH Clears the Air: What You Need to Know About Used Cooking Oil Collection in the Catering Industry

Recent legislative changes, including the introduction of the new waste concession system and Extended Producer Responsibility (EPR) regulations, have caused significant uncertainty in the HORECA sector regarding the handling of used cooking oil. Following an official inquiry by Biofilter Zrt., the National Food Chain Safety Office (NÉBIH) has issued a clear statement: cooking oil that comes into contact with animal-derived foods may qualify as a Category 3 animal by-product, which falls outside the scope of the domestic waste concession.

The legal and practical handling of used cooking oil generated in the catering industry (HORECA) has recently taken center stage. The launch of the waste concession system, the emergence of EPR regulations, and the fine-tuning of European Union rules on animal by-products made it questionable for many market players exactly which waste collection solution complies with the current legal environment. Our website has also covered the background to this case, presenting the positions of both parties. According to the report published on May 8, 2026, Biofilter Zrt.’s goal is not to increase market uncertainty but to provide a safe, predictable, and compliant operational framework for its partners.

The Legal Background: Stricter EU and Domestic Frameworks

The handling of used cooking oil is determined jointly by several domestic and EU regulations. Regulation (EC) No 1069/2009 of the European Parliament and of the Council establishes the basic rules for handling animal by-products, which is further detailed by Regulation (EU) No 142/2011. Recently, Commission Regulation (EU) 2025/2181 further clarified the interpretation regarding the classification of used cooking oil, prompting the relevant ministries to address the issue.

The cornerstone of the current regulation is that the legal assessment of used cooking oil does not solely depend on whether it was originally a plant-based oil. The decisive factor is whether the given oil came into contact with animal-derived substances—such as meat, fish, eggs, or various dairy products—during its use, and exactly what its intended purpose is. In practice, this is a critical point for the catering industry, as contact with animal-derived foods typically cannot be ruled out in most restaurant kitchens.

What Does NÉBIH Say? The True Criteria for Classification

To reassuringly clarify the arising industry questions, Biofilter Zrt. requested an official professional opinion from the National Food Chain Safety Office (NÉBIH), the authority responsible not only for tasks related to the handling of animal by-products but also possessing inspection and sanctioning powers.

NÉBIH’s statement clearly establishes: the classification of used cooking oil depends not on its origin, but on the circumstances of its use. According to the authority’s official guideline, if the used cooking oil—during the frying of meat, fish, eggs, or dairy products, for example—has come into contact with animal-derived substances, it may qualify as an animal by-product under EU regulations. Biofilter Zrt. emphasizes that its operations and service practices are based not on its own legal interpretation, but on this official authoritative guidance (the full NÉBIH document, anonymized for GDPR compliance, is publicly available on the company’s website).

Caterers’ Responsibility and Exemption from the Concession

NÉBIH’s statement also clarified an extremely important sphere of responsibility: the classification is always based on the specific examination of the circumstances of the given material stream, and its determination is solely the responsibility of the waste producer, i.e., the economic operator. In practice, this means that the operator of the catering establishment must decide into which category to classify the used cooking oil generated in their own kitchen. Therefore, precise knowledge of the law and an appropriate professional background are essential.

The most important economic and logistical consequence, however, concerns the waste concession. Since cooking oil comes into contact with animal foods or mixes with fats containing them in most catering establishments, according to NÉBIH’s statement, it may qualify as a Category 3 animal by-product under EU regulations. Under the domestic legal system, however, animal-derived by-products are not covered by the waste concession under Act CLXXXV of 2012 on Waste.

Consequently, for players in the HORECA sector, this means that the collection and transportation of material streams with such a classification can continue to take place outside the concession system, within the framework of direct market services.

Reference and Official Source:

• Biofilter Zrt. (May 8, 2026): Használt sütőolaj elszállítás: itt a NÉBIH állásfoglalása