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Food Donation and Food Scraps Recycling Law

Effective January 1, 2022, the NYS Food Donation and Food Scraps Recycling law requires businesses that generate an annual average of two tons of wasted food per week or more must:

  1. donate excess edible food; and
  2. recycle all remaining food scraps if they are within 25 miles of an organics recycler (composting facility, anaerobic digester, etc.).

Food Donation and Food Scraps Recycling Law Overview (PDF)

Examples of large generators of food scraps:

  • Restaurants
  • Grocery Stores
  • Hotels & Motels
  • Colleges & Universities
  • Malls
  • Event Centers

This law does NOT include:

  • New York City (which already has a local law in place requiring the diversion of food scraps from disposal)
  • Hospitals
  • Nursing Homes
  • Adult Care Facilities
  • K-12 Schools
  • Farms

Regulations

  • Proposed Part 350: This proposed rulemaking will implement the requirements outlined in the NYS Food Donation and Food Scraps Recycling law enacted in 2019. The public comment period has closed.

Anticipated Implementation Timeline

DEC anticipates the following implementation timeline for the Food Donation and Food Scraps Recycling law. This timeline will be updated as the program and implementation process develops.

  • May 12, 2021: Webinar - Update on implementation of Food Donation & Food Scraps Recycling law - What's Coming June 2021? - register here
  • June 1, 2021: DEC will publish list of designated food scraps generators (DFSG), waiver form for DFSG, annual report for DFSG, list of food scraps transporters and list of food scraps recyclers
  • June 1 - November 1, 2021: Initial waiver submission period for 2022
  • June 22, 2021: Webinar - Your Business is Required to Comply, Now What? - registration opening soon
  • Summer/Fall 2021: Regulations promulgated
  • January 1, 2022: Effective date of Food Donation and Food Scraps Recycling law

Guidance & Resources

General Updates

September 16, 2020: Webinar on NYS Food Donation & Food Scraps Recycling Law Updates - recorded webinar available

March 23, 2021: Webinar - Overview proposed Part 350 Regulations - view presentation (PDF)

Food Retail & Food Service Industry

Beginning June 1, 2021, and annually thereafter, DEC will publish a list of businesses that have been identified as designated food scraps generators (DFSG) under the law and their responsibilities. By January 1 of the following year, starting 2022, newly identified DFSG will have to comply with the requirements of the law. DFSG may petition DEC for a one-year waiver to the requirements of the law. The waiver will be made availalbe June 1, 2021 and can be submitted to DEC June 1 - September 1, 2021 for the 2022 calendar year.

Food Scraps Transporters

Food Scraps Recyclers

Transfer Facilities

Landfills & Combusion Facilities

Role of Local Entities

Local governments do not have any requirements under the law, but there are plenty of ways that local governements and organizations can get involved.

Grant Funding

NYSP2I Food Waste Reduction & Diversion Reimbursement Program

The Food Waste Reduction & Diversion Reimbursement Program (leaves DEC website) is a reimbursement grant program administered by NYS P2I for New York State businesses or not-for-profits that generate, haul or recycle large amounts of wasted food and food scraps with the ultimate goal of reducing the amount of wasted food and food scraps sent for disposal at a landfill or incinerator.

Stay Up To Date

To get the latest information, sign up to receive NYS Food Donation and Food Scraps Recycling law announcements. When you sign up, you can expect to receive information on (depending on your interest):

  • Upcoming stakeholder meetings
  • Proposed and published Food Donation and Food Scraps Recycling regulations
  • A list of designated food scraps generators, organics recyclers and food scraps haulers
  • Guidance & educational material
  • Annual reporting requirements
  • Instructions for submitting a waiver

More about Food Donation and Food Scraps Recycling Law: