Food Donation and Food Scraps Recycling Law
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
- 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.
- List of Designated Food Scraps Generators (PDF) (updated 12/29/2021)
- Methodology for Identifying Designated Food Scraps Generators (PDF)
- DEC Guidance for NYS Businesses: Food Waste Reduction, Food Donation, Food Scraps Recycling (PDF)
What NYS Businesses Need to Know - webinar, presented June 22, 2021 - recorded webinar available (leaves DEC website)
- NYS Food Donation & Food Scraps Recycling Law: What NYS Businesses Need to Know (Presented by Sally Rowland)(PDF)
- NYS P2I Technical Assistance & Available Resources (Presented by Ava Labuzetta)(PDF)
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
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
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)
Waiver Process
A DFSG may petition DEC for a one-year waiver to the requirements of the law. The waiver will be made available June 1, 2021 and can be submitted to DEC June 1 - October 1, 2021, for the 2022 calendar year.
- 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 2022 calendar year. If applicable, submit this form by October 1, 2021.
Annual Report
- 2022 Annual Report for Designated Food Scraps Generators (PDF): DFSGs must electronically submit the annual report form by March 1, 2023 to FoodScrapsLaw@dec.ny.gov and include "2022 Annual Report" in the subject line.
Inspection Form
Additional Resources
- Wasted Food & Food Scraps Management Resources and Funding Opportunities for Businesses
- 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.
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.
Anticipated Implementation Timeline
- June 1, 2021: DEC publishes 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 - October 1, 2021: Waiver submission period for 2022
- January 1, 2022: Effective date of Food Donation and Food Scraps Recycling law
- February 1, 2022 1:00 - 2:30pm: Webinar - NYS Food Donation & Food Scraps Recycling Law Takes Effect - register here (leaves DEC website)
- March 15, 2022 1:00 - 2:30pm: Webinar - Overview of Organics Recycling Regulations in NYS - registration coming soon
- June 1, 2022: DEC publishes list of designated food scraps generators for 2023
- June 1 - October 1, 2022: Waiver submission period for 2023
- March 1, 2023: DFSG Annual Report (PDF) due
- June 1, 2023: DEC published list of designated food scraps generators for 2024
Request for Proposals - Technical Assistance to Increase Food Scraps Reduction and Recycling
DEC seeks Proposals from qualified organizations, to provide technical assistance and direct support services for increasing food waste reduction and food waste recycling at businesses in New York State. The selected Contractor will engage and support actions through outreach, planning, education and technical assistance to businesses, organics recycling facilities (composting, anaerobic digestion, etc.), transporters, and other interested parties.
Tasks include, but are not limited to:
- Providing direct support via a call center and in-person assistance to businesses, organics recyclers, etc.
- Development of a social media and web campaign to address wasted food in New York State
- Direct assistance to businesses & institutions required to comply with Food Donation & Food Scraps Recycling law
- Direct assistance to organics recyclers to improve operations and product marketing
DEC anticipates awarding one contract, the term of the award will be three years. This RFP opportunity closed January 14, 2022. DEC is currently reviewing submissions.
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 & educational material
- Annual reporting requirements
- Instructions for submitting a waiver
