California Food Waste Diversion Law
Applies to:
Any business, meaning a commercial or public entity such as a firm, partnership, corporation or association organized as a for-profit or non-profit entity excluding multifamily residential.
In October 2014, Governor Brown signed AB 1826 Chesbro (Chapter 727, Statutes of 2014), requiring businesses to recycle their organic waste on and after April 1, 2016, depending on the amount of waste they generate per week. This law also requires that on and after January 1, 2016, local jurisdictions across the state implement an organic waste recycling program to divert organic waste generated by businesses, including multifamily residential dwellings that consist of five or more units (please note, however, that multifamily dwellings are not required to have a food waste diversion program). Organic waste (also referred to as organics throughout this resource) means food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste.
https://www.calrecycle.ca.gov/recycle/commercial/organics/
Connecticut Food Waste Diversion Law
Public Act 11-217 provides a phased-in approach to commercial organics recycling. The law (CGS Sec. 22a-226e) says that if you are a commercial food wholesaler or distributor, industrial food manufacturer or processor, supermarket, resort or conference center, AND you generate a projected annual volume of 104 or more tons per year of source separated organic material, AND you are located within 20 miles of a permitted recycling facility that can accept that material, then you must ensure that those materials are recycled.
Public Act 11-217 provides … In 2020, the projected annual volume triggering regulation decreases to 52 tons per year. Other compliance options under the law include on-site composting, or installation of permitted on-site organics treatment equipment.
https://www.ct.gov/deep/cwp/view.asp?a=2718&q=552676&deepNav_GID=1645
https://portal.ct.gov/DEEP/Waste-Management-and-Disposal/Organics-Recycling/Commercial-Organics-Recycling-Law
Public Act 11-217 provides a phased-in approach to commercial organics recycling. The law (CGS Sec. 22a-226e) says that if you are a commercial food wholesaler or distributor, industrial food manufacturer or processor, supermarket, resort or conference center, AND you generate a projected annual volume of 104 or more tons per year of source separated organic material, AND you are located within 20 miles of a permitted recycling facility that can accept that material, then you must ensure that those materials are recycled.
Public Act 11-217 provides … In 2020, the projected annual volume triggering regulation decreases to 52 tons per year. Other compliance options under the law include on-site composting, or installation of permitted on-site organics treatment equipment.
https://www.ct.gov/deep/cwp/view.asp?a=2718&q=552676&deepNav_GID=1645
https://portal.ct.gov/DEEP/Waste-Management-and-Disposal/Organics-Recycling/Commercial-Organics-Recycling-Law
Massachusetts Food Waste Diversion Law
Applies to:
Any individual, partnership, association, firm, company, corporation, department, agency, group, public body (city, town, district, county, authority, state, federal or other governmental unit).
Why focus on food waste/organics?
Food waste and other organics >25% of disposal in Mass.
In 2010 (fall & winter sampling)
Food waste estimated 15% of MSW disposal
Compostable paper 6 % of MSW disposal
In 2013 (spring & summer sampling)
Food waste 19% of MSW
Compostable paper 8% of MSW
Economic Benefits Recycling bolsters the state’s economy. Recycling, reuse, and remanufacturing (that is, manufacturing based on recycled feed stocks) directly support more than 2,000 businesses with an estimated 14,000 jobs in Massachusetts, maintain a payroll of nearly $500 million, and bring in annual revenues of $3.2 billion.
Handling materials through reuse and recycling operations creates many more jobs than handling the same materials through disposal facilities. Materials recovery facilities create 10 times more jobs than landfills and municipal waste combustors, while recycling-based manufacturers create 25 times more jobs than disposal facilities for the same amount of material. Materials reuse operations create even more jobs, between 28 and nearly 300 times the number of jobs as disposal facilities.
The Solid Waste Master Plan set a specific objective to:
Divert at least 35% of food waste from disposal by 2020, which would result in more than 350,000 tons per year of additional diversion activity from targeted business and institutional sectors including:
- hotels
- convention centers
- supermarkets
- food waste processors
- large institutions
- Institutional food service providers.
Diverting material from disposal, whether through up-front waste reduction, reuse, recycling or composting, can save significant disposal costs. Current disposal fees in Massachusetts typically range from $60 to $80 per ton. If we are able to achieve our goal of reducing disposal by 2 million tons per year by 2020, that would result in annual avoided disposal costs of $120-$160 million. Depending on the status of recycling markets, municipalities or businesses may be able to receive some revenue for recyclable materials; however the greatest benefits will come from avoided disposal costs. It is important to recognize that recycling and composting are not free, as there are collection and processing costs. But the combination of avoided disposal costs and potential material revenues makes recycling, anaerobic digestion and composting cost effective materials management strategies.
https://www.mass.gov/doc/massachusetts-commercial-food-waste-ban-economic-impact-analysis/download
https://www.mass.gov/guides/commercial-food-material-disposal-ban
https://www.epa.gov/sites/production/files/2015-11/documents/fischer.pdf
https://www.wbur.org/news/2019/06/05/massachusetts-food-waste-ban
Applies to:
Any individual, partnership, association, firm, company, corporation, department, agency, group, public body (city, town, district, county, authority, state, federal or other governmental unit).
Why focus on food waste/organics?
Food waste and other organics >25% of disposal in Mass.
In 2010 (fall & winter sampling)
Food waste estimated 15% of MSW disposal
Compostable paper 6 % of MSW disposal
In 2013 (spring & summer sampling)
Food waste 19% of MSW
Compostable paper 8% of MSW
Economic Benefits Recycling bolsters the state’s economy. Recycling, reuse, and remanufacturing (that is, manufacturing based on recycled feed stocks) directly support more than 2,000 businesses with an estimated 14,000 jobs in Massachusetts, maintain a payroll of nearly $500 million, and bring in annual revenues of $3.2 billion.
Handling materials through reuse and recycling operations creates many more jobs than handling the same materials through disposal facilities. Materials recovery facilities create 10 times more jobs than landfills and municipal waste combustors, while recycling-based manufacturers create 25 times more jobs than disposal facilities for the same amount of material. Materials reuse operations create even more jobs, between 28 and nearly 300 times the number of jobs as disposal facilities.
The Solid Waste Master Plan set a specific objective to:
Divert at least 35% of food waste from disposal by 2020, which would result in more than 350,000 tons per year of additional diversion activity from targeted business and institutional sectors including:
- hotels
- convention centers
- supermarkets
- food waste processors
- large institutions
- Institutional food service providers.
Diverting material from disposal, whether through up-front waste reduction, reuse, recycling or composting, can save significant disposal costs. Current disposal fees in Massachusetts typically range from $60 to $80 per ton. If we are able to achieve our goal of reducing disposal by 2 million tons per year by 2020, that would result in annual avoided disposal costs of $120-$160 million. Depending on the status of recycling markets, municipalities or businesses may be able to receive some revenue for recyclable materials; however the greatest benefits will come from avoided disposal costs. It is important to recognize that recycling and composting are not free, as there are collection and processing costs. But the combination of avoided disposal costs and potential material revenues makes recycling, anaerobic digestion and composting cost effective materials management strategies.
https://www.mass.gov/doc/massachusetts-commercial-food-waste-ban-economic-impact-analysis/download
https://www.mass.gov/guides/commercial-food-material-disposal-ban
https://www.epa.gov/sites/production/files/2015-11/documents/fischer.pdf
https://www.wbur.org/news/2019/06/05/massachusetts-food-waste-ban
Establishments covered by New York City Commercial Organics Rules
NOTICE: Due to the ongoing effects of the COVID-19 pandemic, DSNY has extended the warning period for business covered in the third Commercial Organics rulemaking that took effect July 31, 2020. DSNY will not issue any penalties to those businesses until July 31, 2022.
Certain New York City establishments are required by law to separate their organic waste. If your business meets the minimum requirements outlined below, you must comply with the Commercial Organics Rules by the date shown.
Since 2016, the commissioner must evaluate annually the cost and regional processing capacity for organic waste by composting, aerobic or anaerobic digestion, or any other method of processing organic waste that the department approves by rule. If the commissioner determines that there is sufficient capacity, he or she shall designate all covered establishments required to source separate their organic waste. All such designated covered establishments must comply with the requirements beginning no later than six months following such designation.
For updates, please check proposed rules or our press releases.
Establishments covered by Commercial Organics Rules
As of July 31, 2020: WARNING PERIOD EXTENDED FOR THESE BUSINESSES — NO FINES ISSUED UNTIL JULY 31, 2022
Food Service Establishments (such as restaurants, delis, coffee shops, cafeterias, etc.)
Catering Establishments hosting on-site events to be attended by more than 100 people
Temporary Public Events to be attended by more than 500 people
As of August 15, 2018:
Food Service Establishments
As of July 19, 2016:
Food Service Establishments in hotels with 150 or more rooms
Arenas and Stadiums with a seating capacity of at least 15,000 people
Food Manufacturers with a floor area of at least 25,000 square feet
Food Wholesalers with a floor area of at least 20,000 square feet
Read more about our laws:
NYC Commercial Organics Law
NYC Commercial Organics Rules
What to Separate
Businesses covered by these rules must separate staff-handled, back of house food scraps, plant trimmings, food-soiled paper and certified compostable products from garbage and other recyclables.
Important: Businesses should contact their carter or processor to confirm whether they collect compostable products and they meet their specifications.
How to Comply and Avoid Violations
Transportation & Processing Options
Businesses are given the option to arrange for collection by a private carter, transport organic waste themselves, or process the material on-site. Suitable processing methods include composting and aerobic/anaerobic digestion. A food waste grinder is not permitted.
Organics Waiver
Under Local Law 146 of 2013, any person who owns or operates two or fewer food service establishments may request a waiver from the DSNY commissioner of the requirements of the commercial organics rules if:
NOTICE: Due to the ongoing effects of the COVID-19 pandemic, DSNY has extended the warning period for business covered in the third Commercial Organics rulemaking that took effect July 31, 2020. DSNY will not issue any penalties to those businesses until July 31, 2022.
Certain New York City establishments are required by law to separate their organic waste. If your business meets the minimum requirements outlined below, you must comply with the Commercial Organics Rules by the date shown.
Since 2016, the commissioner must evaluate annually the cost and regional processing capacity for organic waste by composting, aerobic or anaerobic digestion, or any other method of processing organic waste that the department approves by rule. If the commissioner determines that there is sufficient capacity, he or she shall designate all covered establishments required to source separate their organic waste. All such designated covered establishments must comply with the requirements beginning no later than six months following such designation.
For updates, please check proposed rules or our press releases.
Establishments covered by Commercial Organics Rules
As of July 31, 2020: WARNING PERIOD EXTENDED FOR THESE BUSINESSES — NO FINES ISSUED UNTIL JULY 31, 2022
Food Service Establishments (such as restaurants, delis, coffee shops, cafeterias, etc.)
- Food Service Establishments having 7,000 to 14,999 square feet
- Chain Food Service Establishments of 2 to 99 NYC locations with combined floor area 8,000 square feet or more
- Food Service Establishments in Hotels having 100 to 149 guest rooms
- Food Service Establishments with combined floor area 8,000 square feet or more in the same building or location
- Retail food Stores having 10,000 to 24,999 square feet
- Chain Retail Food Stores of 3 or more NYC locations with combined floor area 10,000 square feet or more
Catering Establishments hosting on-site events to be attended by more than 100 people
Temporary Public Events to be attended by more than 500 people
As of August 15, 2018:
Food Service Establishments
- Food Service Establishments with a floor area of at least 15,000 square feet
- Food Service Establishments that are part of a chain of 100 or more locations in the city of New York
As of July 19, 2016:
Food Service Establishments in hotels with 150 or more rooms
Arenas and Stadiums with a seating capacity of at least 15,000 people
Food Manufacturers with a floor area of at least 25,000 square feet
Food Wholesalers with a floor area of at least 20,000 square feet
Read more about our laws:
NYC Commercial Organics Law
NYC Commercial Organics Rules
What to Separate
Businesses covered by these rules must separate staff-handled, back of house food scraps, plant trimmings, food-soiled paper and certified compostable products from garbage and other recyclables.
Important: Businesses should contact their carter or processor to confirm whether they collect compostable products and they meet their specifications.
How to Comply and Avoid Violations
- Provide labeled containers for the collection of organic waste in any area where organic waste is handled or set out by employees. "Label" means a display of words.
- Post and maintain signs with instructions on identifying and separating organic waste from garbage and recyclables. The signs must be visible to employees in areas where organic waste is handled.
- Ensure that employees place organic waste in appropriately labeled containers and do not mix organics with garbage or recyclables.
- Ensure that containers for source-separated organic waste are latched at the time of storage or set-out.
- Arrange for organic waste to be transported and/or processed separately from garbage and recycling.
Transportation & Processing Options
Businesses are given the option to arrange for collection by a private carter, transport organic waste themselves, or process the material on-site. Suitable processing methods include composting and aerobic/anaerobic digestion. A food waste grinder is not permitted.
- Private Carter: Businesses that hire a private-carter to collect their organic waste must post an official Business Integrity Commission (BIC) decal. Containers for set-out must meet carter specifications and have a latching lid that is securely fastened at the time of set-out. Learn more about hiring a private carter.
- Self-Transport: Businesses choosing to haul their own source-separated organics must first register with the NYC Business Integrity Commission (BIC) and post an official BIC decal. Organics must be transported separately from garbage and recycling directly to a processor or transfer station. The agreement with the processor or transfer station must be made available to us upon request.
- On-Site Processing: Businesses covered by these rules that choose to process organics on-site must do so by composting or aerobic/anaerobic digestion. All processing equipment must be registered with DSNY within 30 days of installation and the registration must be renewed annually. These businesses must also post an official processing decal that will be supplied by DSNY once registration is complete. These businesses must also weigh and measure by volume the amount of organic waste processed. These recorded measurements must be kept for a minimum of three years and made available to DSNY upon request. Any material that is not able to be processed on-site must be transported using one of the other options.
Organics Waiver
Under Local Law 146 of 2013, any person who owns or operates two or fewer food service establishments may request a waiver from the DSNY commissioner of the requirements of the commercial organics rules if:
- no single food service establishment has a floor area of at least seven thousand square feet;
- the food service establishment or establishments are individually franchised outlets of a parent business affected by these rules; and
- the owner or operator establishes that the food service establishment or establishments do not receive private carting services through a general carting agreement between a parent business and private carter.
Rhode Island Food Waste Diversion Law
Applies to:
Commercial food wholesaler or distributor, industrial food manufacturer or processor, supermarket, resort/conference center, banquet hall, restaurant, religious institution, military installation prison, corporation, hospital/medical care institution, casino, education facility.
(a) On and after January 1, 2016, each covered entity and each covered educational institution shall ensure that the organic waste materials that are generated by the covered entity or at the covered educational facility are recycled at an authorized, composting facility or anaerobic digestion facility or by another authorized recycling method if:
(1) The covered entity or covered educational facility generates not less than one hundred four (104) tons per year of organic waste material; and
(2) The covered entity or covered educational facility is located not more than fifteen (15) miles from an authorized composting facility or anaerobic digestion facility with available capacity to accept such material.
(b) A covered entity or covered educational institution may petition the department for a waiver of the requirements of subsection (a) of this section if the tipping fee charged by the Rhode Island resource recovery corporation for non-contract commercial sector waste is less than the fee charged by each composting facility or anaerobic digestion facility located within fifteen (15) miles of the covered entity’s location.
https://ilsr.org/rule/food-scrap-ban/rhode-island-food-waste-recycling/
Applies to:
Commercial food wholesaler or distributor, industrial food manufacturer or processor, supermarket, resort/conference center, banquet hall, restaurant, religious institution, military installation prison, corporation, hospital/medical care institution, casino, education facility.
(a) On and after January 1, 2016, each covered entity and each covered educational institution shall ensure that the organic waste materials that are generated by the covered entity or at the covered educational facility are recycled at an authorized, composting facility or anaerobic digestion facility or by another authorized recycling method if:
(1) The covered entity or covered educational facility generates not less than one hundred four (104) tons per year of organic waste material; and
(2) The covered entity or covered educational facility is located not more than fifteen (15) miles from an authorized composting facility or anaerobic digestion facility with available capacity to accept such material.
(b) A covered entity or covered educational institution may petition the department for a waiver of the requirements of subsection (a) of this section if the tipping fee charged by the Rhode Island resource recovery corporation for non-contract commercial sector waste is less than the fee charged by each composting facility or anaerobic digestion facility located within fifteen (15) miles of the covered entity’s location.
https://ilsr.org/rule/food-scrap-ban/rhode-island-food-waste-recycling/
Vermont Food Waste Diversion Law
Applies to:
Any individual, partnership, company, corporation, association, unincorporated association, joint venture, trust, municipality, State of Vermont or any agency, department or subdivision of the State, federal agency or any other legal or commercial entity.
Act 148: Universal Recycling & Composting Law
In 2012, the Vermont Legislature unanimously passed Act 148, a universal recycling and composting law that offers Vermonters a new set of systems and tools for keeping as much as possible out of the landfill. The first thing the Legislature did was jettison the concept of waste itself.
Our “waste” stream is composed largely of recoverable resources. With so many options for recovering and reusing recycled materials, and with landfill space steadily shrinking, the State of Vermont has determined that the best tool for keeping as much as possible out of the waste stream is a materials management system, where valuable resources that we are currently burying in landfills are instead collected and marketed as commodities.
Over the past 25 years, three things have happened:
The overall amount of material that Vermonters have been sending to the landfill has increased.
Landfill capacity has decreased.
Markets for recyclables and compostables have expanded, enabling us to redefine those materials as resources rather than as waste.
Mandates – Requirements for universal participation for keeping yard debris, food scraps, and recyclables out of the landfill will increase participation in recycling and composting.
July 1, 2020
Landfill ban for all businesses and residents: food residuals
Haulers offering curbside trash collection must also offer collection of food residuals
https://dec.vermont.gov/sites/dec/files/wmp/SolidWaste/Documents/Universal.Recycling.Status.Report.Dec_.2016.pdf
https://cswd.net/about-cswd/universal-recycling-law-act-148/
https://dec.vermont.gov/waste-management/solid/universal-recycling