Enforcement Begins: Food Scrap Recycling Now Required for Additional Food-Related Businesses

Enforcement Begins: Food Scrap Recycling Now Required for Additional Food-Related Businesses

NEW YORK-As the extended warning period comes to an end, the New York City Department of Sanitation is again reminding those affected that it would start enforcing the rules, starting Sunday, July 31, 2022, requiring additional food-related businesses to put their food scraps to beneficial reuse. This date comes as the end of a two-year warning period, extended due to the COVID pandemic.

"While we extended the grace period for a year at the height of the pandemic, City life is back and we must now enforce this important law that will help keep our neighborhoods cleaner and greener," said Sanitation Commissioner Jessica S. Tisch. "We all have a part to play in protecting our planet, and this is one way businesses can contribute."

To comply with the law, businesses can arrange for collection of their "organic" material by a private carter, transport the waste themselves, or manage it on-site using in-vessel composting, subject to regulation with Sanitation, and compliance with the City's sewer discharge regulations.

After conducting a survey of regional processing facilities in 2019, the Department determined that sufficient processing capacity exists to manage the organic waste of the remaining businesses to be covered by rule under Local Law 146 of 2013. DSNY subsequently proposed new rules that were adopted on January 31, 2020. Beginning July 31, 2020, the following NYC businesses are required to source separate their staff-handled organic waste.

Businesses covered include:

• Food Service Establishments (such as restaurants, delis, coffee shops) having 7,000 to 14,999 square feet
• Chain Food Service Establishments of 2 to 99 NYC locations with combined floor area 8,000 square feet or more
• Food Service Establishments in Hotels having 100 to 149 guest rooms
• Food Service Establishments with combined floor area 8,000 square feet or more in the same building or location
• Retail food Stores (such as supermarkets and grocery stores) having 10,000 to 24,999 square feet
• Chain Retail Food Stores of 3 or more NYC locations with combined floor area 10,000 square feet or more
• Food Preparation Locations having 6,000 square feet or more
• Catering Establishments hosting on-site events to be attended by more than 100 people
• Temporary Public Events to be attended by more than 500 people

All covered establishments are required to source-separate staff-handled organic waste, which includes all food scraps (including fruit and plant stems, meat, bones, and dairy products, whether raw or cooked), plant trimmings, food soil paper and certified compostable products.

If businesses are using certified compostable products, the Department recommends businesses research to determine whether these products are accepted by their carter or organics processing method. If businesses use these products, they must make sure that signs and labels are as detailed as possible to clearly instruct on what materials need to be separated from one another. Businesses are encouraged to switch to other reusable or recyclable items to avoid confusion and keep organics free from other recyclables.

Food scraps and other organic waste make up more than one-third of all commercial waste. Diverting this material from landfills - to be used as a natural soil amendment through composting or clean, renewable energy through anaerobic digestion - is a key component of the City's goal of sending zero waste to landfills. In landfills, food scraps and other organic waste decompose and generate greenhouse gases, a major contributor to climate change.

Previously, covered business were sent notices in the mail, reminding them of the law and the beginning of enforcement. The Department has resumed direct outreach, by visiting businesses in person - activities that were put on hold during the height of the pandemic - and that work will continue.

For more information on existing commercial organics separation requirements, visit nyc.gov/commercialorganics or download business educational materials here: nyc.gov/dsnycommercialresources.

About the Department of Sanitation

The Department of Sanitation (DSNY) keeps New York City healthy, safe and clean by collecting, recycling and disposing of waste, cleaning streets and vacant lots, and clearing snow and ice. The Department operates 59 district garages and manages a fleet of more than 2,000 rear-loading collection trucks, 450 mechanical brooms and 705 salt spreaders. The Department clears litter, snow and ice from approximately 6,500 miles of City streets and removes debris from vacant lots as well as abandoned vehicles from City streets. The Department runs a portfolio of programs and facilities to help New Yorkers more sustainably manage waste.

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