Beginning Jan. 1, 2027, New York State will significantly expand the reach of its Food Donation and Food Scraps Recycling Law, which requires businesses to donate surplus food and recycle food scraps. The threshold drops from 2 tons per week to 1 ton, and the distance to a recycling facility that triggers the requirement grows from 25 miles to 50 miles, bringing more than 1,400 supermarkets, restaurants, hotels, colleges and other businesses under the mandate for the first time. New York City, which has its own rules, is excluded, so Korean-owned businesses on Long Island, in Westchester and upstate are affected. Since the law took effect, 110 million pounds of food have gone to food banks.
Starting Jan. 1, 2027, New York State's Food Donation and Food Scraps Recycling Law will cover more businesses. On Sept. 17, during Hunger Action Month, Gov. Kathy Hochul announced that the law has so far diverted 110 million pounds of edible food from landfills to food banks, and said more than 1,400 additional businesses will become subject to the requirements next year. Of that total, 26 million pounds were donated this year alone.
The law, which took effect in 2022, currently applies to businesses and institutions that discard an annual average of 2 tons or more of food per week. From January, the threshold will fall to 1 ton per week, and the recycling requirement, which now applies only when a food scraps recycling facility is within 25 miles, will extend to facilities within 50 miles. In January 2029, the threshold will drop again to 0.5 tons per week. Covered entities include supermarkets, restaurants, hotels and motels, colleges, shopping malls and event venues, and starting in 2027, airports, convention centers and food processors will be included as well.
New York City Excluded; Korean-Owned Businesses on Long Island and in Westchester Affected
New York City is exempt from the state law. The city has its own commercial food waste rules, under which restaurants of 7,000 square feet or more, grocery stores of 10,000 square feet or more, hotels with 100 or more rooms and others already separate their food waste. As a result, the expansion mainly affects larger Korean supermarkets, restaurants and banquet halls on Long Island, in Westchester and upstate. Hospitals, nursing homes, K-12 schools and farms are excluded.
Designated businesses must donate as much surplus food as possible and send the remaining food scraps to a recycling facility. They must also submit an online report to the state Department of Environmental Conservation (DEC) by March 1 each year. The DEC publishes a list of covered businesses for the following year by June 1 each year, and the 2027 list is already posted on the DEC website. A business that appears on the list but whose actual waste falls below the threshold can apply for an exemption.
Donors Protected From Liability; Food Banks Arrange Pickup
Businesses that donate food in good faith are not liable if problems arise, under the federal Bill Emerson Good Samaritan Food Donation Act and New York State's Good Samaritan law. Feeding New York State, the statewide food bank association, operates a food recovery call center (518-801-5741, weekdays, 8:30 a.m. to 4:30 p.m.) that connects businesses with local food banks. DEC Commissioner Amanda Lefton said, "This law has dramatically changed the amount of wholesome food that organizations are able to distribute." In New York State, 7.8 billion pounds of food are wasted each year, and 3 million people lack reliable access to food. For questions, contact the DEC at 518-402-8706.