Many UK retailers are left with excess stock after Christmas and New Year discounting, and while the priority is always to sell what they can, manyturn to charitable donations as January rolls around.
But all is not as simple as you might think. Any businesses donating unsold stock to charities must follow strict UK rules to ensure proper compliance.
Now, waste management company BusinessWaste.co.uk has outlined the key requirements to be aware of this winter if you’re considering donating anything you no longer need in store
Mark Hall from company said: “Donating unsold stock can be a genuine win for everyone involved. It reduces waste, supports charities in high demand and helps avoid unwanted waste disposal costs when items are in a perfectly good condition.
“However, it has to be done properly - businesses shouldn’t be passing on the burden to charities by leaving them with mountains of unsellable stock, meaning they’ll have to foot the bill for disposing of it.
“If businesses are organised, transparent and selective about what they hand over, excess festive stock can make a real difference without creating unnecessary waste problems instead.”
Rules businesses must follow when donating excess products
Goods must be fit for use
Donated items must be safe, usable and in good condition. If stock is broken, faulty, contaminated or otherwise unfit, it is legally classed as waste and must be managed through proper disposal routes, not passed to a charity.
Businesses can still be liable if something happens to an item further down in the chain.
Food donations must meet strict safety and labelling standards
Under the Food Safety Act 1990 and Regulation (EC) 178/2002, businesses can only donate food that’s safe, correctly labelled and fully traceable. According to the Food Standards Agency, anything past its use-by date becomes an illegal food product and cannot be given to charities.
Goods with best-before dates can be accepted, but those with use-by dates that have been temperature-abused or are missing allergen information must not be redistributed.
Businesses must also still provide batch details, storage instructions and recall information to the receiving charity.
Apply duty of care principles
Under the Environmental Protection Act, businesses must ensure stock is handled correctly from the moment it leaves their premises. This involves choosing a legitimate charity, providing proper documentation and ensuring the goods are fit for redistribution.
Know when donations become waste transfers
If a donation includes mixed items, partly spoiled items, requires sorting or can’t be passed straight to potential customers without any extra involvement, it may be legally classed as waste. In this case, businesses will need to possess a Waste Transfer Note and the correct European Waste Catalogue (EWC) Code, along with a certified waste carrier for transporting these goods.
Hazardous or restricted items cannot be donated
Batteries, aerosols, certain electricals, chemical-based products and anything classed as hazardous waste must not be passed to charities and must be disposed of through licensed hazardous waste services.
Record keeping and traceability still apply
For items like cosmetics, electricals and certain food products, businesses must still provide recall details, storage instructions and batch information. Passing goods to a charity doesn’t remove the legal duty to track products for safety or compliance.
Prevent contamination and damage in transit
Stock that is being donated should be packaged properly and kept clean, dry and free from any pests. If goods become damaged or contaminated during transport, the whole delivery may be rejected, turning it into waste by default, which you will then be charged for.
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