NYS FOOD DONATION AND FOOD SCRAPS RECYCLING LAW

Approximately 40% of the food produced in the United States goes uneaten.

Meanwhile an estimated 2.8 million New Yorkers are food insecure. Simultaneously, excess edible food and food scraps see the end of their life at a landfill, where their decomposition produces methane, a potent greenhouse gas. Feeding NYS is here to help you understand how the law applies to you and to help you join the cause of fighting food waste in our communities.
The Food Donation and
Food Scraps
Recycling Law
NYS has taken a stand to make the most of our food by mandating large generators of food scraps to redirect wholesome edible food to those in need and food scraps to organics recycling facilities where they will be recycled into a product beneficial to our environment

Effective date: January 1, 2022

As of January 1, 2022, large generators of food scraps (more than 2 tons of wasted food and food scraps per week on average) will need to comply with the law, including restaurants, grocery stores, hotels & motels, colleges & universities, malls, event centers, etc.

Detailed info and helpful resources

Have questions?

Call: Feeding NYS – (518) 930-7000
Email: NYS Department of Environmental Conservation – FoodScrapsLaw@dec.ny.gov

Quick facts

WHO THE LAW IMPACTS

Large generators of food scraps (more than 2 tons of wasted food and food scraps per week on average) Examples: Restaurants, grocery stores, hotels & motels, colleges & universities, malls, event centers, etc.

THE REQUIREMENTS

Large generators of food scraps must:

  • Separate and donate edible food
  • Separate and recycle all remaining food scraps if within 25 miles of an organics recycler

WHO IS EXCLUDED?

  • Hospitals, nursing homes, adult care facilities, K-12 schools
  • Food scraps generators located in a city with a population of one million or more which has a local law, ordinance or regulation in place which requires the diversion of edible food and food scraps from disposal. Read more on NYC organics diversion legislation: https://www1.nyc.gov/ assets/dsny/site/services/food-scraps-and-yard-waste-page/commercial-requirements
  • Large generators of food scraps may petition the Department for a one-year waiver due to undue hardship