Food Donation and Food Scraps Recycling Law
Proposed Part 350 regulations now available for public comment. Written public comments will be accepted by the NYSDEC through April 27, 2021.
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:
- 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)
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. Written public comments will be accepted by the NYSDEC through 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.
- January 27 - April 27, 2021: Proposed Part 350 Public Comment Period
- March 23, 2021: Webinar - Part 350 Workshop - registration opening soon
- April 7, 2021 1:00 & 6:00pm: Virtual Public Hearings on Proposed Part 350
- May 12, 2021: Webinar - Update on implementation of Food Donation & Food Scraps Recycling law - What's Coming June 2021? - registration opening soon
- 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
- Updates on NYS Food Donation & Food Scraps Recycling Law (Presented by Sally Rowland) (PDF)
- Overview of NYS Pollution Prevention Insitute Food Waste Diversion Program (Presented by Ava Labuzetta) (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.
- Wasted Food & Food Scraps Management Resources and Funding Opportunities for Businesses
- 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.
- NYS P2I Food Waste Estimator Calculator: Calculator estimating how much food your business wastes.
Food Scraps Transporters
- Guidance for Food Scraps Transporters (PDF)
- NYS Food Scraps Transporters Survey: On June 1, 2021, DEC will publish a list of food scraps transporters. This list will assist the food retail & food service industry in finding a local food scraps transport company to work with. Complete the NYS Food Scraps Transporter Survey to have your company information published on this list.
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.
- 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 for municipalities
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.
Funding for Emergency Food Relief Organizations
The goal of this funding program was to support food pantries and other emergency food relief organizations by providing funding to increase the availability of wholesome food to those in need in addition to increasing infrastructure in the emergency food relief organizations network. This funding opportunity is closed.
Emergency Food Relief Organizations Awards (PDF)
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:
- Proposed Part 350 Regulations - Notice of Proposed Rulemaking with the Department of State to add a new 6 NYCRR Part 350
