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Food Donation and Food Scraps Recycling Law

DEC and Feeding New York State, the state association of New York's 10 Feeding America member food banks announced a total of one 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.

Updated list of 2023 Designated Food Scrap Generators (DFSG) now available.

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:

  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)

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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

Designated Food Scraps Generators

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.

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

DFSGs are required to donate to the maximum extent practicable. 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.

Waiver Process

A DFSG may petition DEC for a one-year waiver to the requirements of the law. If applicalbe, waivers for the 2023 calendar year must be submitted by 4:00 PM November 16, 2022.

  • 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.
Annual Report
Inspection Form
Additional Resources

Regulations

  • Adopted Part 350: This rulemaking implements the requirements outlined in the NYS Food Donation and Food Scraps Recycling law enacted in 2019.

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
  • March 1, 2023: DFSG Annual Report (PDF) due
  • June 1, 2023: DEC publish list of designated food scraps generators for 2024

Other Guidance & Resources

Food Scraps Transporters
Food Scraps Recyclers
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.

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