An Act Regarding the Reduction and Recycling of Food Waste
Maine Legislature, Session 132, LD 1065
Committee: Environment and Natural Resources
Sponsors: BRENNER
Amends: 38 MRSA §2101-A, 38 MRSA §2101-B, 38 MRSA §2132, 38 MRSA §2147

Legislative Document
No. 1065
S.P. 438
In Senate, March 13, 2025
An Act Regarding the Reduction and Recycling of Food Waste
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BRENNER of Cumberland.
Cosponsored by Senators: BENNETT of Oxford, BLACK of Franklin, TEPLER of Sagadahoc, 
Representatives: OSHER of Orono, PLUECKER of Warren, RANA of Bangor.
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 
material 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 organic material, including, 
but not limited to, food waste, for soil application using a method of accelerated biological 
decomposition of the organic material under controlled or uncontrolled conditions.
3-B.  Excess edible food.  "Excess edible food" means edible food that is not sold or 
otherwise used by a food waste generator and that is safe for human consumption.  "Excess 
edible food" does not include unpackaged raw meat, fish or poultry; food damaged by pests, 
mold, bacteria or other contamination; food subject to a governmental or producer recall 
for food safety reasons; or food returned to a supplier by the food waste generator.
3-C.  Food rescue organization.  "Food rescue organization" means an organization 
that collects excess edible food that would otherwise be managed as waste and distributes 
the food for free for human consumption.  "Food rescue organization" includes, but is not 
limited to, a food pantry, food bank, soup kitchen or community-based organization 
providing similar services.
3-D.  Food waste.  "Food waste" means material derived from processing or discarding 
food that is not sold or consumed.  "Food waste" includes excess edible food that cannot 
be donated to a food rescue organization but does not include:
A.  Organic material produced or generated by a producer that is not consumable by 
humans or animals, such as plant stems, stalks or roots, or that is culled, off-grade or 
outside of specification.  As used in this paragraph, "producer" has the same meaning 
as in Title 7, section 320-A, subsection 1, paragraph C;
B.  Cooking oil or yellow grease from residential sources;
C.  Biomedical waste, hazardous waste, sludge or septage;
D.  Nonorganic material;
E.  Any food subject to a governmental or producer recall for food safety reasons; or
F.  Any other material identified by the department by routine technical rule pursuant 
to Title 5, chapter 375, subchapter 2-A.
3-E.  Food waste generator.  "Food waste generator" means a person that generates 
food waste.
3-F.  Point of generation.  "Point of generation" means the location where waste is 
initially produced.
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.
6.  Soil application.  "Soil application" means the addition of material to soil to 
improve its nutrient levels or physical properties, such as water retention, permeability, 
water infiltration, drainage or aeration.
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 waste 
from land disposal or incineration and by ensuring the management of food waste in 
accordance with section 2147 and the following order of priority:
A.  Reduction of the volume of surplus food waste generated at the source point of 
generation;
B.  Donation of surplus excess edible food to food banks, soup kitchens, shelters and 
other entities rescue organizations or similar entities that will use surplus the food to 
feed hungry people for human consumption;
C.  Diversion of food scraps waste for agricultural use as animal feed, 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
D-1.  Composting or anaerobic digestion of food waste, which may include energy 
recovery, and subsequent soil application as long as the food waste is not mixed with 
sludge or septage during composting or anaerobic digestion and before soil application;
D-2.  Anaerobic digestion of food waste not followed by soil application; and
E.  Land disposal or incineration of food scraps waste.
Sec. 3.  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. 4.  38 MRSA §2147 is enacted to read:
§2147.  Food waste management; diversion
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Designated food waste generator" means a person that:
(1)  Beginning July 1, 2027 and until June 30, 2029, generates at a single location 
an annual average of 2 or more tons per week of food waste and is located within 
miles of an organics recycler with available capacity to accept the food waste 
generated by the person at the location;
(2)  Beginning July 1, 2029, generates at a single location an annual average of one 
or more tons per week of food waste and is located within 25 miles of an organics 
recycler with available capacity to accept the food waste generated by the person 
at the location; and
(3) Not earlier than July 1, 2032 and subject to the adoption of rules by the 
department pursuant to subsection 5, paragraph B, generates at a single location 
the annual average per week of food waste specified by the department by rule 
pursuant to subsection 5, paragraph B and is located within the distance specified 
by the department by rule pursuant to subsection 5, paragraph B from an organics 
recycler with available capacity to accept the food waste generated by the person 
at the location.
B.  "Organics recycler" means an agricultural operation, composting facility, anaerobic 
digestion facility or any other facility that diverts food waste from incineration or land 
disposal.
C.  "Single location" means contiguous property under common ownership, which may 
include one or more buildings. 
2.  Designated food waste generators; prohibition.  Beginning July 1, 2027, a 
designated food waste generator may not dispose of or facilitate the disposal of its 
generated food waste at an incineration facility or solid waste landfill and shall:
A.  To the maximum extent practicable, reduce the volume of the food waste it 
generates;
B.  To the maximum extent practicable, separate excess edible food from other food 
waste and arrange for the donation of the excess edible food to a food rescue 
organization; and
C.  Except as otherwise specified in this paragraph, separate food waste from other 
types of waste at the point of generation and transfer or facilitate the transfer of the 
food waste to an organics recycler for management in accordance with the following 
order of priorities:
(1)  Agricultural use, including consumption by animals;
(2)  Composting or anaerobic digestion, which may include energy recovery, and 
subsequent soil application; and
(3)  Anaerobic digestion not followed by soil application.
A designated food waste generator may manage the food waste it generates at the point 
of generation or at a different location through agricultural use, composting or 
anaerobic digestion as long as the management of the food waste is consistent with the 
priorities in section 2101-B, subsection 1.  A designated food waste generator may 
commingle food waste with other types of waste at the point of generation if the 
commingled waste is to be managed by an organics recycler that can process such 
commingled waste.
3.  Temporary hardship waiver.  A designated food waste generator may petition the 
department for and the department may approve a temporary waiver from some or all of 
the requirements of this section if the designated food waste generator demonstrates to the 
department's satisfaction that compliance with the requirements of this section by the 
designated food waste generator would cause or is causing undue hardship based on 
specific factors determined by the department by rule.  A temporary waiver issued by the 
department pursuant to this subsection may be effective for a period not to exceed 3 years.
4.  Designated food waste generators; reporting.  Except as otherwise provided 
pursuant to subsection 5, paragraph B, beginning March 1, 2028, and annually thereafter, 
a designated food waste generator shall submit to the department a report, in a format 
specified by the department, that includes the following information:
A.  The amount, in tons, of excess edible food donated by the designated food waste 
generator to food rescue organizations during the prior calendar year;
B.  The amount, in tons, of food waste transferred by the designated food waste 
generator to organics recyclers during the prior calendar year; and
C.  Any other information required by the department.
5.  Administration; rules; publication of information.  The department shall 
administer the requirements of this section and shall adopt rules as necessary for the 
implementation, administration and enforcement of this section.
A.  Rules adopted pursuant to this subsection are routine technical rules as defined in 
Title 5, chapter 375, subchapter 2-A and must include, at a minimum:
(1)  Provisions setting forth the methodology by which the department will 
determine the persons that qualify as designated food waste generators under this 
section; and
(2)  Requirements for the temporary hardship waiver process under subsection 3.
B.  Not earlier than July 1, 2032, the department may adopt rules providing that a 
designated food waste generator under subsection 1, paragraph A, subparagraph (3) 
includes a person that generates at a single location an annual average of less than one 
ton but greater than 100 pounds per week of food waste or that is located farther than 
miles from an organics recycler with available capacity to accept the food waste 
generated by the person at the location.
If the department adopts rules pursuant to this paragraph, the department may by rule 
exempt from otherwise applicable reporting requirements of subsection 4 any 
designated food waste generator that generates at a single location an annual average 
of less than one ton but greater than 100 pounds per week of food waste.
C.  By July 1, 2026, the department shall publish on its publicly accessible website and 
maintain and regularly update a list of all organics recyclers in the State known by the 
department to be authorized to accept food waste and all food rescue organizations in 
the State known by the department to accept excess edible food.
SUMMARY
This bill provides that, beginning July 1, 2027, a designated food waste generator may 
not dispose of its generated food waste at an incineration facility or solid waste landfill and 
must to the maximum extent practicable reduce the volume of food waste it generates, 
separate and arrange for the donation of excess edible food and manage the remaining food 
waste it generates through agricultural use, composting or anaerobic digestion at the point 
of generation, at a different location or by transferring the food waste to an organics 
recycler for management.  The Department of Environmental Protection may approve a 
temporary waiver from these requirements for a designated food waste generator based on 
undue hardship for a period not to exceed 3 years. 
The bill specifies that whether a person is considered a designated food waste generator 
is based on the average amount of food waste generated weekly by the person.  Beginning 
July 1, 2027 and until June 30, 2029, a designated food waste generator is a person that 
generates an annual average of 2 or more tons per week of food waste and that is located 
within 20 miles of an organics recycler with available capacity.  Beginning July 1, 2029, a 
designated food waste generator is a person that generates an annual average of one or more 
tons per week of food waste and that is located within 25 miles of an organics recycler with 
available capacity. The bill specifies that, not earlier than July 1, 2032, the department may 
adopt rules providing that a designated food waste generator includes a person that 
generates an annual average of less than one ton but greater than 100 pounds per week of 
food waste or that is located farther than 25 miles from an organics recycler with available 
capacity.  The bill also makes changes to the State's food recovery hierarchy and clarifies 
the state waste disposal reduction goal.