Food Donation and Food Scraps Recycling Law
The New York State Food Donation and Food Scraps Recycling Law 2022 Report to the Governor and Legislature is now available (PDF).
Businesses and institutions required to comply with law in 2022 must submit an online annual report by March 1, 2023.
Effective January 1, 2022, the NYS Food Donation and Food Scraps Recycling law requires businesses and institutions that generate an annual average of two tons of wasted food per week or more must:
- donate excess edible food; and
- 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)
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
Annual Progress Reports to the Governor and Legislature
- 2022 Report to the Governor and Legislature on the New York State Food Donation and Food Scraps Recycling law (PDF) - This report provides an overview of the implementation of the NYS Food Donation and Food Scraps Recycling law since its passage in 2019, and DEC's efforts to develop a successful food donation and food scraps recycling program in New York State.
Businesses and Institutions Required to Comply with the Law
Beginning June 1, 2021, and annually thereafter, DEC will publish a list of businesses and institutions that have been identified as designated food scraps generators (DFSG) under the law and their responsibilities. By January 1 of the following year, newly identified DFSG will have to comply with the requirements of the law.
- List of businesses and Institutions required to comply with the law for 2023 (PDF) (updated 1/3/2023)
- Businesses and institutions required to comply with the law in 2023 must electronically submit their annual report by March 1, 2024. Link to online annual report coming.
- List of businesses and institutions required to comply with the law for 2022 (PDF) (updated 12/29/2021)
- Businesses and institutions required to comply with the law in 2022 must electronically submit their annual report by March 1, 2023 - submit online 2022 DFSG annual report
- Methodology for Identifying Designated Food Scraps Generators (PDF)
Waiver Process
A DFSG may petition DEC for a one-year waiver to the requirements of the law.
- Waiver Form (PDF): This form may be used by DFSG who would like to apply for a waiver from a portion or all requirements of the Law for the 2023 calendar year. DEC is no longer accepting wavier petitions for 2023.
Inspection Form
Regulations
- Adopted Part 350: This rulemaking implements the requirements outlined in the NYS Food Donation and Food Scraps Recycling law enacted in 2019.
Free Technical Assistance & Resources
Rethink Food Waste NY - Free Technical Assistance Now Available!
Rethink Food Waste NY provides free food waste solutions for New York businesses, municipalities, organic recyclers (composting, anaerobic digestion, etc.), food relief organizations, and others! Assistance is available at no cost!
Learn more about Rethink Food Waste NY and how to get started today.
Food Donation Assistance Program & Resources
DFSGs are required to donate to the maximum extent practicable. As of October 2022, 1.6 million pounds of food was donated to hungry New Yorkers as part of the ongoing implementation of the NYS Food Donation and Food Scraps Recycling Law.
Call FeedingNYS at (518) 930-7000 for assistance. FeedingNYS is providing donation technical assistance to businesses and institutions who need help:
- setting up a donation program
- finding a food bank or local food rescue organization to partner with
- understanding food safety practices when donating
DEC Guidance for NYS Businesses: Food Waste Reduction, Food Donation, Food Scraps Recycling (PDF)
Starting A Food Donation Program at your Business, presented January 4, 2022, - recorded webinar available (leaves DEC website)
Resources for Businesses to Recycle Food Scraps
DEC Guidance for NYS Businesses: Food Waste Reduction, Food Donation, Food Scraps Recycling (PDF)
List of Food Scraps Transporters, Sorted by County Serviced (PDF): This list was compiled to assist large businesses and institutions in identifying transporters across the state that offer food scraps hauling services for recycling.
- List of Food Scraps Recyclers, Sorted by County Located In (PDF): This list was compiled to assist large businesses and institutions in identifying facilities that offer food scraps recycling services.
- Effective Steps to Launch a Food Scraps Diversion Program for Businesses, presented September 28, 2021 - recorded webinar available (leaves DEC website)
Additional Resources
- Wasted Food & Food Scraps Management Resources and Funding Opportunities for Businesses
- DEC Guidance for NYS Businesses: Food Waste Reduction, Food Donation, Food Scraps Recycling (PDF)
- NYS P2I Food Waste Estimator Calculator (leaves DEC website): Calculator estimating how much food your business wastes.
- NYS Organics Resource Locator (leaves DEC website): Interactive mapping tool allowing users to locate businesses generating food scraps, organics recyclers, etc. and filter based on generation rate and distance from an address.
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.
Important Dates
- January 1, 2022: Effective date of Food Donation and Food Scraps Recycling law
- August 9, 2022: DEC publishes list of designated food scraps generators for 2023
- August 9 - November 16, 2022: Waiver submission period for 2023
- November 17, 2022: Webinar - Managing Food Waste: Overview of Free Technical Assistance Programs - View Recording
- January 3, 2023: DEC publishes revised list of designated food scraps generators for 2023
- March 1, 2023: DFSG annual report due
- June 1, 2023: DEC publishes list of designated food scraps generators for 2024
Other Guidance & Resources
Food Scraps Transporters
- Guidance for Food Scraps Transporters (PDF)
- List of Food Scraps Transporters, Sorted by County Serviced (PDF): This list was compiled to assist large businesses and institutions in identifying transporters across the state that offer food scraps hauling services for recycling. If you are a transport company that offers food scraps transport services for large businesses and are not listed, contact FoodScrapsLaw@dec.ny.gov.
Food Scraps Recyclers
- Quick Summary of Organics Recycling Regulations
- Organics Recycling Registration and Permit Process
- List of Food Scraps Recyclers, Sorted by County Located In (PDF): This list was compiled to assist large businesses and institutions in identifying facilities that offer food scraps recycling services. If you are an organics recycler that is not listed that offers food scraps recycling services for large businesses, please contact FoodScrapsLaw@dec.ny.gov
Transfer Facilities
Landfills & Combustion Facilities
Role of Local Entities
Local governments do not have any requirements under the law, but there are plenty of ways that local governments and organizations can get involved.
- General education of wasted food reduction and home composting
- DEC developing educational materials on wasted food minimization
- DEC revising home composting guide
- Development of food scraps recycling programs
- Food scraps drop-off spots (leaves DEC website)
- Food scraps composting facility
- Expansion of yard waste composting facility to accept food scraps
- Build resource hub highlighting local emergency food relief organizations, food scraps recycling opportunities, available workshops, food scraps haulers, etc.
- Facilitate conversations between stakeholders in your community
- Organics management resources and funding opportunities for municipalities
- The 'How to Build a Municipal Food Waste Strategy' toolkit (leaves DEC's website) developed by the NYS Pollution Prevention Institute is a free, interactive toolkit that municipalities can use to design, implement, and manage food waste programs at the local level.
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 and educational material
- Annual reporting requirements
- Instructions for submitting a waiver
