New York’s Food Scraps Recycling Law: A Complete Guide to 6 NYCRR Compliance

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. Here is the full timeline:

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:

• Supermarkets and grocery stores — particularly large-format retailers with significant produce, deli, and prepared food operations
• Large food service businesses — restaurants, cafeterias, catering operations, and food halls
• Higher education institutions — colleges and universities with dining halls and food service
• Hotels and hospitality venues — including event spaces with catering operations
• Food processors and manufacturers — facilities that process, package, or produce food products
• Correctional facilities — state and county facilities with on-site food service operations
• Sports and entertainment venues — stadiums, arenas, convention centers, and large event facilities
• Airports — particularly those with multiple food concession operations

NYSDEC publishes and maintains an official Designated Food Scraps Generator (DFSG) list, updated annually. If your organization is on this list, compliance is mandatory.

4. What Covered Entities Must Actually Do

Being a Designated Food Scraps Generator carries four primary obligations:

Obligation 1: Donate Excess Edible Food

Before any food scrap enters the recycling stream, covered entities must first separate and donate edible food to the maximum extent practicable — to food banks, soup kitchens, shelters, or other eligible food recovery organizations. The federal Bill Emerson Good Samaritan Food Donation Act and New York’s Good Samaritan Law provide strong liability protection for good-faith donations.

Obligation 2: Recycle All Remaining Food Scraps

All remaining food scraps must be diverted from landfill and directed to an approved organics recycler. Acceptable pathways include:

• Composting — aerobic decomposition at a permitted composting facility
• Anaerobic digestion — conversion to biogas and digestate at a permitted facility
• Animal feed — food scraps directed to licensed animal feed operations
• Land application — application of organic materials to agricultural fields as a soil amendment
• Rendering — processing of animal-based food waste by a licensed rendering facility

Obligation 3: Train Employees

Covered entities must train workers in food waste management practices — proper separation at source, correct use of collection infrastructure, and understanding of donation and recycling pathways. Training records must be maintained.

Obligation 4: Source Separation Infrastructure

Organizations must establish and maintain source separation systems — separate collection for food scraps at the point of disposal. This is where most compliance programs succeed or fail. A system that makes correct sorting intuitive and consistent for all staff is the operational backbone of the entire program.

5. The Distance Rule Explained

One of the most significant changes in the December 2024 amendments is the expansion of the distance threshold.

Under the original law, only about 37% of the nearly 1,200 covered businesses identified by DEC met the distance requirement. The expanded 50-mile radius is projected to bring the vast majority of large food waste generators outside New York City into mandatory recycling territory.

6. Exemptions and Waivers

Permanently Exempt Entities

The following are explicitly excluded from the law regardless of food waste volume:

One-Year Waivers

Organizations facing genuine hardship can petition DEC for a one-year waiver, evaluated case by case and requiring annual renewal.

7. Annual Reporting Requirements

All Designated Food Scraps Generators must submit an annual report to NYSDEC for the prior calendar year:

• 2025 annual report deadline: March 1, 2026
• Reports must document 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.

1. Verify your status on the DFSG listCheck the NYSDEC Designated Food Scraps Generator list to confirm whether your organization is listed. If you’re approaching but not yet at the threshold, begin planning — the 2027 phase will capture significantly more organizations.
2. Identify your nearest organics recyclerUse the NYSDEC Organics Resource Locator to verify whether a permitted facility exists within the applicable distance. Confirm capacity availability directly with the facility.
3. Establish an edible food donation programPartner with a local food bank or food recovery organization. Contact Feeding New York State (518-930-7000) for free assistance. Document all donation activity for annual reporting.
4. Redesign your waste collection infrastructureSource separation begins at the bin. Compliance depends on every staff member making the correct disposal decision at every waste station. This requires clearly differentiated streams, standardized signage, and bin design that makes correct sorting intuitive.
5. Secure a food scraps transporter and recyclerNYSDEC maintains a list of food scraps transporters sorted by county (updated February 2026). Engage a licensed transporter and confirm the end destination is a permitted organics recycler under 6 NYCRR Part 361.
6. Train your team and document itConduct food waste management training for all relevant staff. Keep records of training dates, content, and attendees for your compliance record.
7. Submit your annual report on timeFile by March 1 for the prior calendar year. Track tonnage of food donated and recycled throughout the year so year-end reporting is straightforward.
8. Build for the 2027 threshold nowIf you are close to 1 ton/week, begin designing your compliance infrastructure with the next phase in mind. Transition Ready™ infrastructure is designed to adapt as thresholds change — protecting your investment long-term.