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New York’s Food Scraps
Recycling Law:
What Your Organization
Needs to Know
One of the most consequential commercial organics regulations in the country just got significantly broader. As of December 2024, here is everything you need to know to stay compliant.
CleanRiver Recycling Solutions · Compliance & Sustainability · 2026
2. Compliance Thresholds
3. Who Is Covered
4. What You Must Do
5. The Distance Rule
6. Exemptions & Waivers
7. Annual Reporting
8. How to Comply
1. Background: Where the Law Comes From
New York’s organics diversion mandate has its roots in the 2019 Climate Leadership and Community Protection Act (CLCPA), which identified the elimination of food scraps from landfills as one of the most impactful actions the state could take to reduce greenhouse gas emissions. Decomposing food waste in landfills produces methane — a greenhouse gas many times more potent than CO₂ — and food waste is the single largest source of methane in New York State.
In response, the legislature passed the Food Donation and Food Scraps Recycling Act as part of the 2019 state budget. The law took effect January 1, 2022, and is enforced by the New York State Department of Environmental Conservation (NYSDEC) under the authority of 6 NYCRR Part 361.
On December 12, 2024, Governor Kathy Hochul signed Senate Bill S5331A, significantly expanding the program by lowering the tonnage thresholds and extending the distance requirement. Those amendments are now in effect.
2. The Compliance Thresholds — Phase by Phase
The law uses a phased approach, gradually lowering the tonnage threshold over time to bring more businesses into the program.
The tonnage threshold is measured as an annual average across your entire operation at a single location — not a one-time or peak measurement. For organizations with multiple locations, the threshold is evaluated per location.
3. Who Is Covered (and Who Is Not)
The law applies broadly to businesses and institutions across New York State that meet the applicable tonnage threshold. NYSDEC explicitly names the following types of generators as covered entities:
4. What Covered Entities Must Actually Do
Being a Designated Food Scraps Generator carries four primary obligations:
5. The Distance Rule Explained
One of the most significant changes in the December 2024 amendments is the expansion of the distance threshold.
Before S5331A
Original Law (2022–2026)
Recycling required only if within 25 miles of a permitted organics recycler. Only ~37% of the nearly 1,200 covered businesses met this requirement.
After S5331A — Jan 2027
Amended Law (from 2027)
Distance threshold expands to 50 miles. Projected to bring the vast majority of large food waste generators outside NYC into mandatory recycling territory.
6. Exemptions and Waivers
The following are explicitly excluded from the law regardless of food waste volume:
→New York City (covered by its own local law)
→Hospitals and medical centers
→Nursing homes and long-term care facilities
→Adult care facilities
→K–12 elementary and secondary schools
→Farms (for on-site use as soil amendment)
A waiver may be available if your organization’s gross income is under $300,000 and the cost of diverting food scraps is at least 10% more expensive than landfill or incineration disposal. Supporting documentation is required. Waivers require annual renewal.
7. Annual Reporting Requirements
2025 Annual Report Due: March 1, 2026
All Designated Food Scraps Generators must submit an annual report to NYSDEC documenting total food scraps generated, amounts donated, and amounts recycled. Failure to file is itself a violation of 6 NYCRR Part 360. Organizations with more than 10 locations can request a batch entry spreadsheet from DEC.
8. How to Achieve and Maintain Compliance
Sustainable compliance depends on getting the operational infrastructure right from the start.
The regulatory landscape is only moving in one direction.
Since the law launched in 2022, New York has collected over 32 million pounds of donated food and diverted hundreds of thousands of tons of food scraps from landfill. Organizations that treat this as a future problem will find themselves making rushed, expensive decisions. Those that build compliant systems now will manage the transition on their own terms.
Not Sure If Your System Is Compliant?
Our team works with campuses, airports, hospitality groups, and large facilities across New York State. We can help you assess your current infrastructure and build a program that meets today’s requirements — and tomorrow’s.
