An Act Regarding the Reduction and Recycling of Food Waste
Maine Legislature, Session 131, LD 1009
Committee: Environment and Natural Resources
Sponsors: ZEIGLER, SAYRE, GROHOSKI, ARFORD, GOLEK, HOBBS, MATLACK, MILLIKEN, PLUECKER, RUNTE, SHAGOURY
Amends: 38 MRSA §2101-A, 38 MRSA §2101-B, 38 MRSA §2122, 38 MRSA §2124, 38 MRSA §2132, 38 MRSA §2147

Legislative Document
No. 1009
H.P. 645
House of Representatives, March 7, 2023
An Act Regarding the Reduction and Recycling of Food Waste
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative ZEIGLER of Montville.
Cosponsored by Representative SAYRE of Kennebunk, Senator GROHOSKI of Hancock and
Representatives: ARFORD of Brunswick, GOLEK of Harpswell, HOBBS of Wells, 
MATLACK of St. George, MILLIKEN of Blue Hill, PLUECKER of Warren, RUNTE of 
York, SHAGOURY of Hallowell.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §2101-A, as amended by PL 2019, c. 291, Pt. B, §2, is further 
amended to read:
§2101-A.  Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1-A.  Anaerobic digestion.  "Anaerobic digestion" means the breakdown of organic 
matter by microorganisms in the absence of oxygen to produce biogas.
3.  Bureau.  "Bureau" means the Bureau of General Services within the Department of 
Administrative and Financial Services as authorized pursuant to Title 5, section 1742.
3-A.  Composting.  "Composting" means the processing of food scraps for soil 
application using a method of accelerated biological decomposition of organic material 
under controlled or uncontrolled conditions.
3-B.  Diversion.  "Diversion" means the use or reuse of food scraps for a purpose under 
section 2101-B, subsection 1.
3-C.  Food rescue.  "Food rescue" means the practice of collecting edible food that 
would otherwise become solid waste and distributing the food to a hunger relief 
organization, food bank or pantry or other recipient to be used for human consumption.
3-D.  Food scraps.  "Food scraps" means material that is derived from processing or 
discarding food material produced from human or animal food production, preparation and 
consumption activities. "Food scraps" does not include biomedical waste, hazardous waste, 
sludge or septage or nonorganic material.
3-E.  Point of generation.  "Point of generation" means the location where waste is 
initially produced.
3-F.  Public building.  "Public building" means a state, county or municipal building, 
library, airport terminal, bus station, railroad station, school building or school.
3-G.  Public land.  "Public land" means all land that is owned or controlled by a state, 
county or municipal government body.
4.  Recycling establishment.  "Recycling establishment" means an establishment 
engaged in the marketing, brokering or purchasing of reportable recyclable materials 
generated in the State.  "Recycling establishment" does not include an establishment that 
directs all reportable recyclable materials it markets, brokers or purchases to brokers and 
purchasers that are located in the State.
5.  Reportable recyclable materials.  "Reportable recyclable materials" means any of 
the following categories of recyclable materials that are separated from household, 
commercial or institutional waste and that are delivered to a recycling establishment for 
recycling: glass; cardboard, paper and paper products; plastic and plastic products; cartons, 
laminated materials and other packaging; nonferrous and ferrous metals, including white 
goods; textiles; and mixed streams of recyclable materials that include any combination of 
the materials listed in this subsection.
Sec. 2.  38 MRSA §2101-B, sub-§1, as enacted by PL 2015, c. 461, §1, is amended 
to read:
1.  Priorities.  It is the policy of the State to support the solid waste management 
hierarchy in section 2101 by preventing and diverting surplus food and food scraps from 
land disposal or incineration in accordance prohibiting the disposal of surplus food and 
food scraps in landfills or by incineration and ensuring the management of surplus food 
and food scraps under section 2147 and with the following order of priority:
A.  Reduction of the volume of surplus food generated at the source point of generation;
B.  Donation of surplus food to a food banks, soup kitchens, shelters and bank, food 
pantry, hunger relief organization or other entities recipient that will use surplus food 
to feed hungry people for human consumption;
C.  Diversion of food scraps for use as animal feed for agricultural use, including 
consumption by animals; 
D.  Utilization of waste oils for rendering and fuel conversion, utilization of food scraps 
for digestion to recover energy, other waste utilization technologies and creation of 
nutrient-rich soil amendments through the composting of food scraps; and
E.  Land disposal or incineration of food scraps.
F.  Composting or anaerobic digestion and subsequent soil application, which may 
include energy recovery at a composting or anaerobic digestion facility.  Food scraps 
may not be mixed with sludge or septage during composting or anaerobic digestion 
before soil application; and
G.  Anaerobic digestion not followed by soil application.
Sec. 3.  38 MRSA §2122, as amended by PL 2011, c. 655, Pt. GG, §29 and affected 
by §70, is further amended to read:
§2122.  State waste management and, recycling and diversion plan
The department shall prepare an analysis of, and a plan for, the management, reduction 
and, recycling and diversion of solid waste for the State.  The plan must be based on the 
priorities and recycling goals established in sections 2101 and, 2132 and 2147.  The plan 
must provide guidance and direction to municipalities in planning and implementing waste 
management and recycling programs at the state, regional and local levels.
1.  Consultation.  In developing the state plan the department shall solicit public input 
and may hold hearings in different regions of the State.
2.  Revisions.  The department shall revise the analysis by January 1, 2014 and every 
years after that time to incorporate changes in waste generation trends, changes in waste 
recycling and disposal technologies, development of new waste generating activities and 
other factors affecting solid waste management as the department finds appropriate.
Sec. 4.  38 MRSA §2124, as amended by PL 2011, c. 655, Pt. GG, §30 and affected 
by §70, is further amended by enacting at the end a new paragraph to read:
By January 1, 2024 and biennially thereafter, the department shall submit a report to 
the Governor and the joint standing committee of the Legislature having jurisdiction over 
environment and natural resources matters on statewide generation of solid waste, 
recycling rates, food scraps generation and diversion rates, food rescue and available 
disposal capacity for solid waste, including an analysis of the extent that change in disposal 
capacity has affected or is likely to affect solid waste disposal prices.  If the department 
determines that a decline in available landfill capacity has generated or has the potential to 
generate supracompetitive prices, the department shall include this finding in the report and 
provide recommendations for legislative or regulatory changes as necessary.  The joint 
standing committee of the Legislature having jurisdiction over environment and natural 
resources matters may report out legislation related to the report submitted pursuant to this 
paragraph.
Sec. 5.  38 MRSA §2132, sub-§1, as amended by PL 2015, c. 461, §2, is further 
amended to read:
1.  State recycling goal.  It is the goal of the State to recycle or compost reduce by 
diversion, by January 1, 2021, 50% of the municipal solid waste tonnage generated each 
year within the State.
Sec. 6.  38 MRSA §2132, sub-§1-B, as enacted by PL 2015, c. 461, §4, is amended 
to read:
1-B.  State waste disposal reduction goal.  It is the goal of the State to reduce the 
statewide per capita disposal rate of municipal solid waste tonnage to 0.55 tons disposed 
per capita by January 1, 2019 and to further reduce the statewide per capita disposal rate 
by an additional 5% every 5 years thereafter.  The baseline for calculating this reduction is 
the 2014 solid waste generation and disposal capacity data gathered by the department. 
Methods to achieve the goal under this subsection include efforts to consume or encourage 
the consumption of fewer resources, to reduce or encourage the reduction of the waste or 
inefficient use of resources and to increase the reuse or repurposing of solid waste.
Sec. 7.  38 MRSA §2132, sub-§5 is enacted to read:
5.  Food scraps disposal goal.  It is the goal of the State to reduce the annual statewide 
per capita food scraps disposal rate by 10% by January 1, 2028.  The baseline for 
calculating this reduction is the 2021 solid waste generation and disposal capacity data 
gathered by the department.  By January 1, 2028 and every 5 years thereafter, the 
department shall update and revise the food scraps disposal goal under this subsection using 
all relevant information, including data generated in accordance with sections 2122 and 
2124.
Sec. 8.  38 MRSA §2132, sub-§6 is enacted to read:
6.  Food rescue goal.  It is the goal of the State to increase the statewide per capita rate 
of food rescue by 40% by January 1, 2025.  The baseline for calculating this increase is the 
2022 food rescue data gathered by the department.  By January 1, 2025 and every 3 years 
thereafter, the department shall update and revise the food rescue goal under this subsection 
using all relevant information, including data generated in accordance with sections 2122 
and 2124.
Sec. 9.  38 MRSA §2147 is enacted to read:
§2147.  Food scraps management; diversion
1.  Priority of management of food scraps.  Food scraps collected under this section 
must be managed pursuant to the food recovery hierarchy under section 2101-B.
2.  Food scraps separation.  A person under subsection 3 who produces food scraps 
shall:
A.  Separate the food scraps from other solid waste at the point of generation. If the 
person conducts a program to separate food scraps and the program includes a 
component for the education of program participants regarding the need to separate 
food scraps, a de minimis amount of food scraps may be disposed of as solid waste;
B.  Transfer the food scraps or cause the food scraps to be transferred to a location that 
manages food scraps in a manner consistent with section 2101-B, subsection 1; or
C.  Manage the food scraps through composting or anaerobic digestion on site.
3.  Schedule for food scraps and separation.  A person is subject to the provisions of 
subsection 2 if:
A.  Beginning January 1, 2025, the person's activities or processes produce more than 
tons per year or more than one ton per week of food scraps;
B.  Beginning January 1, 2026, the person's activities or processes produce more than 
tons per year or more than 1/2 ton per week of food scraps;
C.  Beginning January 1, 2027, the person's activities or processes produce more than 
tons per year or more than 1/3 ton per week of food scraps; and
D.  Beginning January 1, 2028, the person generates any amount of food scraps.
4.  Collection of food scraps.  A commercial entity engaged in the transport of 
municipal solid waste shall:
A.  Beginning January 1, 2027, offer to commercial customers the collection of food 
scraps and deliver any food scraps collected to a location that manages food scraps in 
a manner consistent with section 2101-B, subsection 1;
B.  Beginning January 1, 2029, offer to residential customers the collection of scraps 
and deliver any food scraps collected to a location that manages food scraps in a manner 
consistent with section 2101-B, subsection 1, except for a customer who has available 
another commercial food scraps disposal service that meets the requirements of this 
subsection; and
C.  If the commercial entity offers a drop-off service at a fixed location to collect 
municipal solid waste, offer at the fixed location the collection of food scraps.
5.  Municipal solid waste management.  A commercial entity engaged in the transport 
of solid waste is exempt from the provisions of subsection 4, paragraph B in a municipality 
that has adopted a solid waste management ordinance that covers the collection of food 
scraps in a manner consistent with section 2101-B, subsection 1 and the ordinance:
A.  Is applicable to all residents of the municipality; and
B.  Prohibits a resident from opting out of municipally provided solid waste 
management services.
6.  Public collection containers for food scraps.  Beginning January 1, 2027, if a 
container in a public building or on public land is provided for the public to use for solid 
waste destined for disposal, a container for the collection of food scraps must be provided 
that is clearly labeled as a container for food scraps and be placed as close as possible to 
the container for the disposal of solid waste and provide equally convenient access to 
members of the public.
7.  Rules.  The department shall adopt rules to carry out the purposes of this section. 
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A.
SUMMARY
This bill sets goals for the reduction of the disposal of food scraps and for food rescue, 
which is collecting edible food that would otherwise become solid waste and distributing 
the food to a hunger relief organization, food bank or pantry or other recipient to be used 
for human consumption.  The bill sets priorities for the management of food scraps, with 
reduction at the point of generation being the first priority, then diversion for food 
consumption by humans, then diversion for agricultural use, including for consumption by 
animals, then subjecting the food scraps to composting or anaerobic digestion with 
subsequent soil application and finally subjecting the food scraps to anaerobic digestion 
not followed by soil application.  Requirements are placed on producers of food scraps to 
separate the food scraps from other solid waste at the point of generation, with these 
requirements phased in over a 5-year period, beginning with the larger producers of food 
scraps.  Commercial entities engaged in the transportation of municipal solid waste are 
required to collect food scraps from customers except for customers in municipalities with 
solid waste management ordinances that cover the collection of food scraps and that are 
consistent with the State's food recovery policy.  The bill requires clearly marked food 
scraps containers to be placed next to any solid waste containers provided in public 
buildings and on public land.