State Organics Laws

Natural Upcycling

New York State Organics Law

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:

  • 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.)

 

On 1/1/2026, these laws will apply to those businesses and institutions that generate 1 ton of waste annually.

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Connecticut State Organics Law

On and after January 1, 2025, each commercial food wholesaler or distributor, industrial food manufacturer or processor, supermarket, resort, conference center or institution that generates an average projected volume of not less than twenty-six tons per year of source- separated organic materials shall: 

  • (A) Separate such source-separated organic materials from other solid waste; and
  • (B) ensure that such source-separated organic materials are recycled at any authorized source-separated organic material composting facility that has available capacity and that will accept such source-separated organic material. 

For the purposes of this section “institution” means any establishment engaged in providing hospitality, entertainment or rehabilitation and health care services, and any hospital, public or private educational facility or correctional facility.

 

CT Reporting Requirement:

On or before March 1, 2025, and annually thereafter, each wholesaler, distributor, manufacturer, processor, supermarket, resort, conference center or institution that is subject to the provisions of this section shall submit a report to the Department of Energy and Environmental Protection in electronic format. Such report shall summarize such entity’s amount of edible food donated, the amount of food scraps recycled and the organics recycler or recyclers and associated collectors

New Jersey Organics Law

P.L. 2020, c.24 (N.J.S.A. 13:1E-99.122) requires large food waste generators who generate an average projected volume of 52 tons of food waste or more per year to source separate and recycle their food waste. Large food waste generators must comply with the Law if they are located within 25 road miles of an authorized food waste recycling facility, generates a projected average of 52 tons or more of food waste per year, and fit into one of the following categories: commercial food wholesaler, distributor, industrial food processor, supermarket, resort, conference center, banquet hall, restaurant, educational or religious institution, military installation, prison, hospital, medical facility, or casino.

 

Food waste is defined as: Food processing vegetative waste, food processing residue generated from processing and packaging operations, overripe produce, trimmings from food, food product over-runs from food processing, soiled and unrecyclable paper generated from food processing, and used cooking fats, oil, and grease. Plate waste and food donated by the establishment is not considered food waste and shall not be included when estimating or measuring the amount of food waste generated.

Massachusetts Organics Law

Effective November 1, 2022: Commercial food/organic wastes from facilities generating one-half ton or more of these materials per week are banned from disposal or transport for disposal in Massachusetts.

Vermont Organics Law

Vermont passed a Universal Recycling Law in 2012 banning food scraps from landfills by commercial businesses and residential households. Instead, food scraps can either be donated for human or animal consumption, composted or diverted to an anaerobic or organic food waste processing facility.

Rhode Island Organics Law

Under this law, educational institutions that generate over 30 tons of organic waste per year are obliged to separate their organic material from solid waste to be repurposed at an authorized recycling facility. 

Exemptions apply to educational institutions outside a 15-mile radius of the recycling center or if the expense is more than it would be at a landfill processing facility.

Maryland Organics Law

Maryland passed legislation titled Solid Waste Management mandating that anyone, whether that be an individual household, business, cafeteria, grocery store, etc., producing over 1 ton of organic waste a week (excluding residential and restaurants) must separate their organic trash to prevent it from ending up in landfills. 

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