River Action FOI requests reveal widespread non-compliance with environmental laws across the dairy industry – leading to one of the largest causes of UK river pollution

The ever increasing intensification of dairy production driven largely by aggressive supermarket pricing pressures, failure to enforce environmental regulations, and inadequate government environmental incentives for dairy farmers are among the factors that have conspired to create one of the largest causes of UK river pollution, according to new data revealed by River Action.

The charity now calls on the dairy processing industry, major food retailers, government, and environmental regulators to provide more incentives, support, and deterrence to mitigate what has become one of the largest single causes of river pollution in the UK.

Freedom of Information (FOI) requests made by River Action to the Environment Agency, Natural Resources Wales, DAERA and SEPA disclosed multiple data sources indicating that most UK dairy farms are likely to be non-compliant with critical environment regulations aimed at preventing river pollution. The FOI’s reveal:

  • In England 69% of the 2,475 dairy farms inspected between 2020 & 2021 by the Environment Agency (EA) were in breach of environmental regulations.
  • In Wales 80% of the 83 dairy farms inspected by Natural Resources Wales (NRW) between 2020 and 2022 were non-compliant with anti-pollution regulations.
  • In Northern Ireland 50% of the 339 dairy farms inspected by the Department of Agriculture, Environment and Rural Affairs (DAERA) between 2020 – 2022 were not compliant.
  • In Scotland: 60% of the 114 dairy farms initially inspected by Scottish Environmental Protection Agency (SEPA) between 2020 and 2023 were in breach of regulations – with over half of the 56 dairy farms subject to follow-on inspections still being non-compliant.

These findings are corroborated by several other data sources, including a recent statement  by the Chair of the Environment Agency in February 2024, which showed that the dairy farms accounted for over 75% of all serious pollution incidents caused by agriculture, with agriculture being the largest single source of river pollution.

A perfect storm for wide-scale pollution of the UK’s rivers

According to River Action, conditions have aligned to create the worst possible conditions for the nation’s dairy farmers to be compliant with regulations designed to prevent pollution whilst remaining economically viable. These are:

  • 1. Recent intensification of the UK dairy industry resulting in a much higher pollution load per hectare
  • 2. Failure of Government to adequately incentivise better environmental performance
  • 3. Failure by Environmental Regulators to enforce laws designed to prevent river pollution, 
  • 4. Inadequate environmental assurance standards in use by food retailing industry to certify dairy produce
  • 5. Unprecedented weather conditions causing underinvested slurry management infrastructure to be overwhelmed

River Action calls for the immediate implementation of critical remedial actions, including:

  • The UK’s largest dairy processors to introduce wider pricing incentives to reward dairy farmers for improved environmental performance
  • Supermarkets groups to adopt better environmental certification schemes given the clear failure of Red Tractor to be a reliable certification of environmental performance for dairy producers
  • Government to deliver on its promises to ensure the post-Brexit Environment Land Management Scheme (ELMS) farming subsidies become a major incentive for creating a systemic improvement of farming environmental performance 
  • DEFRA & its equivalent bodies in the devolved nations to a) expand & extend substantially  existing grant schemes to improve slurry management infrastructure and b) encourage adoption of technological solutions to re-cycle slurry to substitute chemical fertiliser usage
  • Environmental regulators to start a) fully enforcing existing anti-pollution regulations to ensure greater deterrence against the current widespread non-compliance across the industry and b) extend regulations to cover other pollution sources such as fodder maize production

Commenting, Charles Watson, Chairman and Founder of River Action said:

“The unacceptable pollution levels caused by the UK dairy industry is not dissimilar to the current UK sewage pollution crisis: aged infrastructure designed for much lower volumes of effluent, being overwhelmed by the combination of intensification of use and more volatile weather conditions.”

“With a herd of 50 cows calculated to be capable of emitting the equivalent amount of pollution as a human settlement of 10,000 people, it is hardly surprising that the dairy industry is placing an unstainable pollution burden on many river catchments across the country. Meanwhile, yet another chapter in the British river pollution scandal unfolds, our impotent regulators continue to watch on in a solely “advisory” capacity, and the giant supermarket groups happily count their profits at the cost of the continuous degradation of the environment.”

ENDS

For interviews call Ian Woolverton on 07377 547 362 or email media@riveractionuk.com

River Action to initiate Advertising Standards Authority complaint into Red Tractor Assurance scheme following damning environmental report

This week, following a damning report by the Environment Agency exposed by The Times, we are seeking legal advice on making a  complaint to the Advertising Standards Authority (ASA) against Red Tractor, the UK’s biggest farm and food assurance scheme. The report revealed that the majority of agricultural pollution incidents in England were carried out by RTA farms. Yet Red Tractor claims that products bearing its logo are “responsibly sourced“. So we are investigating if the scheme fails to comply with advertising standards.

As the UK’s biggest farm and food assurance scheme, which certifies about 50,000 farmers nationwide, Red Tractor claims that “The Red Tractor logo is only found on British food and drink products that have been certified to rigorous standards from farms to pack. Our logo means that the food you buy has been responsibly sourced”.  However, EA’s findings reveal an alarming scale of non compliance with environmental regulations and polluting practices on Red Tractor Assured (RTA) farms. 

The report is based on data from 2014-2019, 3,000 EA farm inspections and over 4,000 agricultural pollution incidents. It reveals that RTA farms accounted for 62% of Category 1 & 2 pollution incidents (the most severe incidents) and 56% of Category 3 pollution incidents. In the case of the dairy industry, which accounted for just under half of all pollution incidents, RTA farms accounted for 74% of Category 1 & 2 incidents and 66% of Category 3 incidents, with slurry being the single largest cause of pollution. RTA farms were also revealed to be less compliant with environmental regulations (26%) than non RTA farms (19%).

The findings of the report are also corroborated by other recent EA Reports, including an inspection of over 100 dairy farms in North Devon in 2022, which revealed that two-thirds of the farms inspected were causing river pollution, and virtually all of these were RTA farms.

In light of this shocking report, we’ve has instructed our lawyers Leigh Day to investigate whether the environmental claims made by Red Tractor are compliant with the Advertising Standards Authority Code, and whether the environmental claims made on Red Tractor’s website are legal and honest. Given Red Tractor’s statement that “All of the major British supermarkets use Red Tractor standards as part of their food sourcing and supplier specification”, we’ve also written to the CEO’s of the UK’s five biggest supermarket retailers to seek clarification of the extent RTA is used in the environmental certification and procurement policies of their UK-sourced product ranges:

River Action’s letter to the CEO’s of the UK’s four biggest supermarket retailers

Commenting on the EA’s report, Charles Watson, Chairman of River Action said:  “These extraordinary findings by the Environment Agency confirm that the Red Tractor logo is essentially a certification of poor environmental performance. With every single river in the country polluted beyond its legal limits and agricultural pollution being a major cause of this environmental calamity, the fact that so many farms are causing pollution under the Red Tractor logo is a monumental scandal.” 

Leigh Day solicitor Ricardo Gama added :“The evidence gathered by the Environment Agency appears to undermine the reliability of the Red Tractor scheme and bring into question whether its claims about environmental standards are honest and truthful, as required by the ASA Code, or amount to greenwashing. We are investigating this further with River Action.”