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Food Donation and Food Scraps Recycling Law

The list of Designated Food Scraps Generators that must comply with the Law is 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)

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.

Food Donation

DFSGs are required to donate to the maximum extent practicable. FeedingNYS will be providing food donation technical assistance (leaves DEC website). - More Information Coming Soon

Food Scaps Recycling

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

Additional Resources

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 closed April 27, 2021.

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.

  • 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 - October 1, 2021: Waiver submission period for 2022
  • August 2021: Webinar - Building Food Scraps Recycling Capacity - registration opening soon
  • Summer/Fall 2021: Regulations promulgated
  • Fall 2021: Webinar - How to Set up a Food Donation Program
  • Fall 2021: Webinar - How to Set up A Food Scraps Recycling Program
  • January 1, 2022: Effective date of Food Donation and Food Scraps Recycling law
  • March 1, 2023: DFSG Annual Report Due

Guidance & Resources

General Updates

What NYS Businesses Should Know - webinar, presented June 22, 2021 - recorded webinar available (leaves DEC website)

Overview of proposed Part 350 Regulations - webinar, presented March 23, 2021 - view presentation (PDF)

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: