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 › 27-2201 - Definitions.

§ 27-2201. Definitions.
1.  "Designated food scraps generator" means a person who generates at
  a single location an annual average of two tons per week or more of food
  scraps based on a methodology established by the department pursuant  to
  regulations,  including,  supermarkets,  large  food service businesses,
  higher educational institutions, hotels, food  processors,  correctional
  facilities,  and  sports  or  entertainment  venues. For a location with
  multiple independent food service businesses, such as a mall or  college
  campus,  the  entity responsible for contracting for solid waste hauling
  services is responsible for managing food scraps  from  the  independent
  businesses.
2.  "Food  scraps" means inedible food, trimmings from the preparation
  of food, food-soiled paper, and edible food that is  not  donated.  Food
  scraps  shall  not  include used cooking oil, yellow grease or food from
  residential sources, or any food identified in  regulations  promulgated
  by the department in consultation with the department of agriculture and
  markets  or  any food which is subject to a recall or seizure due to the
  presence  of  pathogens,  including  but  not   limited   to:   Listeria
  Monocytogenes,  confirmed Clostridium Botulinum, E. coli 0157:H7 and all
  salmonella in ready-to-eat foods.
3. "Organics recycler" means a facility, permitted by the  department,
  that  recycles  food  scraps  through  use  as  animal  feed  or  a feed
  ingredient, rendering, land application, composting, aerobic  digestion,
  anaerobic digestion, fermentation, or ethanol production. Animal scraps,
  food  soiled paper, and post-consumer food scraps are prohibited for use
  as animal feed or as a feed ingredient. The proportion  of  the  product
  created  from  food  scraps  by  a  composting  or  digestion  facility,
  including  a  wastewater  treatment  plant  that  operates  a  digestion
  facility, or other treatment system, must be used in a beneficial manner
  as a soil amendment and shall not be disposed of or incinerated.
4.   "Person"   means   any  business  entity,  partnership,  company,
  corporation,  not-for-profit  corporation,   association,   governmental
  entity,   public   benefit   corporation,  public  authority,  firm,  or
  organization.
5. "Single location" means contiguous property under common ownership,
  which may include one or more buildings.
6. "Incinerator" shall have the same meaning as  provided  in  section
  72-0401 of this chapter.
7.  "Landfill"  shall  have  the  same  meaning as provided in section
  72-0401 of this chapter.
8. "Transfer  facility"  means  a  solid  waste  management  facility,
  whether  owned  or  operated by a private or public entity, other than a
  recyclables handling and recovery facility,  used  oil  facility,  or  a
  construction  and  demolition  debris  processing  facility, where solid
  waste is received for the purpose  of  subsequent  transfer  to  another
  solid  waste  management  facility  for  processing, treating, disposal,
  recovery, or further transfer.
9. "Excess edible food" means edible food that is not sold or used  by
  a  designated  food scrap generator and is still safe to be consumed but
  is being disposed of by the generator, but shall not include  unpackaged
  fresh  meat,  fish  or poultry, food damaged by pests, mold, bacteria or
  other contamination, food subject to governmental or producer recall due
  to food safety and food returned to a supplier.
10. "Food relief organization" means a religious organization or other
  not-for-profit  that  provides  food  for  free  to  needy  individuals,
  including, but not limited to, a food pantry, food bank, or soup kitchen
  or  community-based  organization  that  provides food for free to needy
  individuals.