An Act to Prohibit Food Waste by Grocery Stores
Maine Legislature, Session 131, LD 0959
Committee: Environment and Natural Resources
Sponsors: MILLIKEN, EATON, JAUCH, LOOKNER, OSHER, PLUECKER, WARREN, ZEIGLER
Amends: 38 MRSA §2147

Legislative Document
No. 959
H.P. 606
House of Representatives, March 2, 2023
An Act to Prohibit Food Waste by Grocery Stores
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative MILLIKEN of Blue Hill.
Cosponsored by Representatives: EATON of Deer Isle, JAUCH of Topsham, LOOKNER of 
Portland, OSHER of Orono, PLUECKER of Warren, WARREN of Scarborough, ZEIGLER of 
Montville.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §2147 is enacted to read:
§2147.  Food waste at grocery stores
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  “Composting facility” means a solid waste processing facility where organic 
materials are processed using a method of accelerated biological decomposition of 
organic material under controlled aerobic or anaerobic conditions.
B.  “Food waste” means food material produced from human or animal food 
production, preparation and consumption activities and that consists of, but is not 
limited to, fruits, vegetables and other vegetative material, grains and fish and animal 
products and by-products.  “Food waste” does not include hazardous waste, biomedical 
waste, sewage or septage.
C.  “Grocery store” means a store primarily engaged in the retail sale of canned food, 
dry goods, fresh fruits and vegetables, fresh meats, fish and poultry.
2.  Prohibition.  Beginning January 1, 2024, a grocery store may not dispose of or 
facilitate the disposal of food waste or surplus food acquired for retail sale by or generated 
at the grocery store at a waste-to-energy facility or landfill.  The grocery store shall ensure 
that such food waste or surplus food is:
A.  Donated to food banks, soup kitchens, shelters and other entities for feeding people;
B.  Diverted for use as animal feed; or
C.  Delivered to a composting facility for energy recovery through digestion, as input 
for other waste utilization technologies or for the creation of soil amendments through 
composting.
3.  Administration and enforcement; rules.  The department shall administer and 
enforce this section and may adopt rules as necessary to implement the provisions 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 provides that, beginning January 1, 2024, a grocery store may not dispose of 
or facilitate the disposal of food waste or surplus food acquired for retail sale by or 
generated at the grocery store at a waste-to-energy facility or landfill.  Instead, the bill 
requires that a grocery store ensure that such food waste or surplus food is donated to food 
banks, soup kitchens, shelters and other entities for feeding people; diverted for use as 
animal feed; or delivered to a composting facility for energy recovery through digestion, 
as input for other waste utilization technologies or for the creation of soil amendments 
through composting.