2023 New York Laws › ENV - Environmental Conservation › Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste › Title 22 - Food Donation and Food Scraps Recycling › 27-2203 - Designated Food Scraps Generator Responsibilities.

§ 27-2203. Designated food scraps generator responsibilities.
1. Effective January first, two thousand twenty-two:
(a)  all designated food scraps generators shall separate their excess
edible food for donation for human consumption  to  the  maximum  extent
practicable,   and   in  accordance  with  applicable  laws,  rules  and
regulations related to food donation; and
(b) except as provided in paragraph  (c)  of  this  subdivision,  each
designated  food scraps generator that is within twenty-five miles of an
organics recycler, to the extent  that  the  recycler  has  capacity  to
accept  all  of  such  generator's food scraps based on the department's
yearly estimate of an organic recyclers' capacity  pursuant  to  section
27-2211 of this title, shall:
(i) separate its remaining food scraps from other solid waste;
(ii)  ensure  proper  storage  for  food  scraps  on  site which shall
preclude such materials from becoming  odorous  or  attracting  vectors,
such as a container that has a lid and a latch that keeps the lid closed
and  is  resistant  to  tampering  by  rodents or other wildlife and has
sufficient capacity;
(iii) have information available and provide  training  for  employees
concerning the proper methods to separate and store food scraps; and
(iv) obtain a transporter that will deliver food scraps to an organics
recycler,  self-haul its food scraps to an organics recycler, or provide
for organics recycling on-site via  in  vessel  composting,  aerobic  or
anaerobic digestion or any other method of processing organic waste that
the department approves by regulation, for some or all of the food waste
it  generates  on its premises, provided that the remainder is delivered
to an organics recycler.
(c) The provisions of paragraph (b)  of  this  subdivision  shall  not
apply  to  any designated food scraps generator that has all of its food
scraps processed in a mixed solid waste composting or mixed solid  waste
anaerobic digestion facility.
2. All designated food scraps generators shall submit an annual report
to  the  department on or before March first, two thousand twenty-three,
and annually thereafter, in an electronic format. The annual report must
summarize the amount of edible food donated, the amount of  food  scraps
recycled, the organics recycler or recyclers and associated transporters
used, and any other information as required by the department.
3.  A designated food scraps generator may petition the department for
a temporary waiver from some or all of the requirements of  this  title.
The petition must include evidence of undue hardship based on:
(a)  the  designated  food scraps generator does not meet the two tons
per week threshold;
(b) the cost of processing organic waste is not reasonably competitive
with the cost of disposing of waste by landfill;
(c) the organics recycler does not have sufficient  capacity,  despite
the department's calculation; or
(d) the unique circumstances of the generator.
A  waiver  shall  be  no  longer  than  one year in duration provided,
however, the department may renew such waiver.