NYS and NYC Strengthen Food Waste Reduction Efforts

New York State (NYS) and New York City (NYC) are escalating their efforts to reduce food waste by utilizing inclusive legislation and regulations aimed at businesses and residents. Understanding these laws is important to ensuring compliance and contributing to environmental sustainability. 

NYS Food Donation and Food Scraps Recycling Law

Since January 1, 2022, NYS has required certain businesses and institutions that generate significant amounts of food waste to take action in reducing their environmental impact. The law applies to businesses that produce an annual average of two tons or more of wasted food per week. These businesses, known as designated food scraps generators (DFSGs), must: 

• Donate excess edible food to local food banks, shelters, or similar organizations to help combat food insecurity.
• Recycle remaining food scraps by sending them to composting facilities or anaerobic digesters, if located within 25 miles of an organics recycler.

Who Must Comply?

Each year, the Department of Environmental Conservation (DEC) publishes a list of businesses that qualify as DFSGs. The list for 2025 is now available on the DEC’s website, and newly identified businesses must comply with the law by January 1 of the following year. Businesses that are typically affected by this law are split into sectors:

• Colleges and Universities
• Correctional Facilities and Jails
• Grocery and Specialty Food
• Hospitality
• Full Service Restaurants
• Supercenters
• Other Generators

Reporting and Compliance Deadlines

To maintain compliance, DFSGs must submit an annual report detailing their food donation and food recycling efforts. The 2024 report is due by March 1, 2025.

Businesses seeking waivers from the food scraps recycling requirement must submit a petition to the DEC no later than February 28, 2025. Waivers may be granted in cases where compliance would cause undue hardship or where an organics recycler is not available within the required 25-mile radius.

For more details on compliance and reporting requirements, visit the DEC’s website.

NYC Composting and Commercial Organic Rules

In NYC, separating food waste and food-soiled paper from regular trash is now mandatory for all residents and businesses. While a warning period is currently in effect, fines for non-compliance will begin on April 1, 2025. NYC residents are required to:

• Use labelled bins of 55 gallons or less with secure lids for food scraps and yard waste
• Set out leaf and yard waste in paper lawn and leaf bags or clear plastic bags
• Bundle twigs and branches with twine and place them next to bins and bags

Under Local Law 146 of 2013, certain NYC businesses must separate their organic waste, including food scraps, food-soiled paper, and plant waste. Businesses required to comply include: 

• Food Service Establishments – restaurants, delis, and cafeterias with 7,000+ square feet, chains with two or more NYC locations totaling 8,000+ square feet, and hotels with 100+ guest rooms
• Retail Food Stores – supermarkets and grocery stores with 10,000+ square feet and chains with three or more NYC locations totaling 10,000+ square feet
• Other Covered Businesses – food preparation locations of 6,000+ square feet, catering halls hosting 100+ attendees, temporary public events with 500+ attendees, arenas/stadiums with 15,000+ seating capacity, food manufacturers with 25,000+ square feet, and food wholesalers with 20,000+ square feet

Recommendations and Suggestions for NYC Businesses

Businesses must use labeled containers for organic waste, post instructional signs for employees, keep latching lids on containers during storage and set-out, and arrange for separate organic waste collection from regular garbage.

Businesses also have options for disposing of organics. They can hire a private carter, self-transport organic waste, or process the organic waste on-site using approved composting systems. In these scenarios, food waste grinders and liquefiers are prohibited for sewer disposal.

Finally, businesses with two or fewer food service locations may request a waiver if they meet exemption criteria. 

Need Assistance? Walden Can Help!

Navigating state and city food waste regulations can be complex, especially for businesses required to comply with strict reporting and recycling requirements. Walden has extensive experience in environmental consulting, waste management, and regulatory compliance. 

If you need assistance in understanding these laws, determining your compliance status, or preparing the necessary reports, contact Walden at 516-559-6976 for expert guidance and to ensure you’re meeting all state and city requirements while contributing to a more sustainable future!