N.Y. Environmental Conservation Law § 27-2203 – Designated food scraps generator responsibilities

1. Effective January first, two thousand twenty-two:
1. (a) all designated food scraps generators shall separate their excess edible food for donation for human consumption to the maximum extent practicable, and in accordance with applicable laws, rules and regulations related to food donation; and
2. (b) * except as provided in paragraph (c) of this subdivision, each designated food scraps generator that is within twenty-five miles of an organics recycler, to the extent that the recycler has capacity to accept all of such generator's food scraps based on the department's yearly estimate of an organic recyclers' capacity pursuant to section 27-2211 of this title, shall: * NB Effective until January 1, 2027 * except as provided in paragraph (c) of this subdivision, each designated food scraps generator that is within fifty miles of an organics recycler, to the extent that the recycler has capacity to accept all of such generator's food scraps based on the department's yearly estimate of an organic recyclers' capacity pursuant to section 27-2211 of this title, shall: * NB Effective January 1, 2027
  1. (i) separate its remaining food scraps from other solid waste;
  2. (ii) ensure proper storage for food scraps on site which shall preclude such materials from becoming odorous or attracting vectors, such as a container that has a lid and a latch that keeps the lid closed and is resistant to tampering by rodents or other wildlife and has sufficient capacity;
  3. (iii) have information available and provide training for employees concerning the proper methods to separate and store food scraps; and
  4. (iv) obtain a transporter that will deliver food scraps to an organics recycler, self-haul its food scraps to an organics recycler, or provide for organics recycling on-site via in vessel composting, aerobic or anaerobic digestion or any other method of processing organic waste that the department approves by regulation, for some or all of the food waste it generates on its premises, provided that the remainder is delivered to an organics recycler.
3. (c) The provisions of paragraph (b) of this subdivision shall not apply to any designated food scraps generator that has all of its food scraps processed in a mixed solid waste composting or mixed solid waste anaerobic digestion facility.
2. All designated food scraps generators shall submit an annual report to the department on or before March first, two thousand twenty-three, and annually thereafter, in an electronic format. The annual report must summarize the amount of edible food donated, the amount of food scraps recycled, the organics recycler or recyclers and associated transporters used, and any other information as required by the department.
3. A designated food scraps generator may petition the department for a temporary waiver from some or all of the requirements of this title. The petition must include evidence of undue hardship based on: * (a) the designated food scraps generator does not meet the two tons per week threshold; * NB Effective until January 1, 2027 * (a) the designated food scraps generator does not meet the tonnage per week threshold pursuant to subdivision one of section 27-2201 of this title; * NB Effective January 1, 2027
(b) the cost of processing organic waste is not reasonably competitive with the cost of disposing of waste by landfill;
(c) the organics recycler does not have sufficient capacity, despite the department's calculation; or
(d) the unique circumstances of the generator. A waiver shall be no longer than one year in duration provided, however, the department may renew such waiver.