2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 10A - Solid Waste Reduction and Recovery › § 8–1031.03a. Requirements for commercial food waste

§ 8–1031.03a. Requirements for commercial food waste.
(a) All entities identified in subsection (b) of this section shall:
(1) Donate excess edible food to the extent practicable consistent with Chapter 3 of Title 48;
(2) Source-separate all back-of-house commercial food waste generated at its premises and:
(A) Arrange for the separate collection and transport of the back-of-house commercial food waste to an organic waste processing facility or to processors for use as animal feed; provided, that such collection, transport, and disposal follow all applicable Federal, state, and local laws; or
(B) Process back-of-house commercial food waste using an on-site organic waste processing system; provided, that:
(i) Any on-site composting shall be in-vessel composting or a processing system approved by DPW;
(ii) All equipment shall be properly sized to handle and process back-of-house commercial food waste generated at the premises in a safe and sanitary manner; and
(iii) All equipment shall be installed in accordance with the applicable plumbing code and wastewater discharge regulations;
(3) Provide waste containers consistent with the requirements for waste collection under § 8-1031.04(a)(1) for the disposal of food waste in any work area where employees are handling back-of-house commercial food waste;
(4) Ensure proper storage for food waste on site, including a container with a secure lid, that will ensure that it is maintained separately from all other materials generated at the premises, is not commingled with recyclable material or trash, and does not create a public nuisance;
(5) Ensure employees are informed about the requirements for food waste by:
(i) Providing regular training to employees concerning the proper methods to separate and store food waste, including separating and storing food to be donated, if applicable; and
(ii) Posting instructions on the proper separation of food waste in a manner and location in which the instructions will be comprehensible and visible to employees who are disposing of food waste, including signage in multiple languages as appropriate; and
(6) Post a sign that states clearly and legibly:
(A) The trade or business name, address, and telephone number of, and the day and time of pickup by, the private collector that collects the food waste;
(B) That the entity transports its own food waste; or
(C) That the entity provides for on-site processing for food waste it generates on its premises.
(b) The requirements in subsection (a) of this section shall apply as follows:
(1) Beginning January 1, 2023, to:
(A) A retail food store with a floor area of at least 10,000 square feet; and
(B) Colleges and universities with at least 2,000 residential students;
(2) Beginning January 1, 2024, to:
(A) A retail food store not covered by paragraph (1)(A) of this subsection, that is part of a chain of retail food stores, for which the chain;
(i) Operates the retail food stores under common ownership or control and receives waste collection from the same private collector;
(ii) Consists of 3 or more retail food stores; and
(iii) Has a combined floor area of at least 10,000 square feet;
(B) Arenas or stadiums with seating capacity of at least 15,000 persons;
(C) Hospitals and nursing homes, as those terms are defined in § 44-501(a)(9) and (11), with at least 300 beds; and
(D) Colleges and universities not covered by paragraph (1)(B) of this subsection with at least 500 residential students; and
(3) To any other entities added by the Mayor under subsection (c) of this section.
(c) Beginning January 1, 2024, the Mayor may, by rule, apply the requirements in subsection (a) of this section to other entities, based on an evaluation of the available processing capacity of all organic waste processing facilities and systems within 35 miles of the Capitol dome.
(d) Collectors of source-separated food waste shall:
(1) Provide training to businesses on how to properly source-separate food waste; and
(2) Notify customers when they see contamination.
(e)(1) Repealed.
(2) The Mayor shall conduct regular public education and outreach on the benefits of donating excess edible food and source separating compostable materials.
(3) The Mayor shall not prohibit food service entities from composting or source separating compostable materials, including food waste that is not back-of-house commercial food waste, as long as they provide adequate consumer-facing waste collection service for compostable materials consistent with § 8-1031.04.
(Feb. 26, 2015, D.C. Law 20-154, § 103a; as added Mar. 16, 2021, D.C. Law 23-211, § 2(c), 68 DCR 00068; Nov. 13, 2021, D.C. Law 24-45, § 6062(a), 68 DCR 010163.)
Applicability
Section 7203 of D.C. Law 24-45 repealed the applicability provision of section 4 of D.C. Law 23-211 that impacted this section. Therefore the creation of this section by §2(c) of Law 23-211 has been implemented.
Section 7203 of D.C. Act 24-159 repealed the applicability provision of section 4 of D.C. Law 23-211 that impacted this section. Therefore the creation of this section by §2(c) of Law 23-211 has been implemented.
Applicability of D.C. Law 23-211: § 6 of D.C. Law 23-211 provided that the creation of this section by § 2(c) of D.C. Law 23-211 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 6062(a) of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).