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.).
Food Donation and Food Scraps Recycling Law Overview (PDF)
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
Annual Progress Reports to the Governor and Legislature
2022 Report to the Governor and Legislature on the New York State Food Donation and Food Scraps Recycling law (PDF) - This report provides an overview of the implementation of the NYS Food Donation and Food Scraps Recycling law since its passage in 2019, and DEC's efforts to develop a successful food donation and food scraps recycling program in New York State.
2023 Report to the Governor and Legislature on the New York State Food Donation and Food Scraps Recycling law (PDF, 16 MB) - The report is the second annual report required under the law and provides an update since the first annual report. It outlines DEC’s efforts to develop a successful food donation and food scraps recycling program in New York State.
Businesses and Institutions Required to Comply with the Law
Beginning June 1, 2021, and annually thereafter, DEC will publish a list of businesses and institutions that have been identified as designated food scraps generators (DFSG) under the law and their responsibilities. By January 1 of the following year, newly identified DFSG will have to comply with the requirements of the law.
- List of businesses and institutions required to comply with the law for 2024 (PDF) (updated 1/24/2024)
- List of businesses and Institutions required to comply with the law for 2023 (PDF) (updated 8/23/2023)
- Businesses and institutions required to comply with the law in 2023 must electronically submit their annual report by March 1, 2024 - submit online 2023 DFSG annual report.
- List of businesses and institutions required to comply with the law for 2022 (PDF) (updated 12/29/2021)
- Methodology for Identifying Designated Food Scraps Generators (PDF)
Waiver Process
A DFSG may petition DEC for a one-year waiver to the requirements of the law.
- Waiver Form (PDF): This form may be used by DFSG who would like to apply for a waiver from a portion or all requirements of the Law for the 2023 calendar year. DEC is accepting waivers for 2024 until November 3, 2023.
Inspection Form
Regulations
- Adopted Part 350: This rulemaking implements the requirements outlined in the NYS Food Donation and Food Scraps Recycling law enacted in 2019.
Free Technical Assistance & Resources
Rethink Food Waste NY - Free Technical Assistance Now Available!
Rethink Food Waste NY provides free food waste solutions for New York businesses, municipalities, organic recyclers (composting, anaerobic digestion, etc.), food relief organizations, and others! Assistance is available at no cost!
Learn more about Rethink Food Waste NY and how to get started today.
Food Donation Assistance Program & Resources
DFSGs are required to donate to the maximum extent practicable. As of October 2022, 1.6 million pounds of food was donated to hungry New Yorkers as part of the ongoing implementation of the NYS Food Donation and Food Scraps Recycling Law.
Call FeedingNYS at (518) 930-7000 for assistance. FeedingNYS is providing donation technical assistance to businesses and institutions who need help:
- setting up a donation program
- finding a food bank or local food rescue organization to partner with
- understanding food safety practices when donating
DEC Guidance for NYS Businesses: Food Waste Reduction, Food Donation, Food Scraps Recycling (PDF)
Starting A Food Donation Program at your Business, presented January 4, 2022, - recorded webinar available
Resources for Businesses to Recycle Food Scraps
- DEC Guidance for NYS Businesses: Food Waste Reduction, Food Donation, Food Scraps Recycling (PDF)
- List of Food Scraps Transporters, Sorted by County Serviced (PDF) (updated 11/24/2023): This list was compiled to assist large businesses and institutions in identifying transporters across the state that offer food scraps hauling services for recycling.
- List of Food Scraps Recyclers, Sorted by County Located In (PDF) (updated 1/25/2024): This list was compiled to assist large businesses and institutions in identifying facilities that offer food scraps recycling services.
- Effective Steps to Launch a Food Scraps Diversion Program for Businesses, presented September 28, 2021 - recorded webinar available.
Additional Resources
- Wasted Food & Food Scraps Management Resources and Funding Opportunities for Businesses
- DEC Guidance for NYS Businesses: Food Waste Reduction, Food Donation, Food Scraps Recycling (PDF)
- NYS P2I Food Waste Estimator Calculator: Calculator estimating how much food your business wastes.
- NYS Organics Resource Locator: 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.
