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Food Waste Recycling Rules

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[/vc_column_text][vc_empty_space][vc_row_inner][vc_column_inner][vc_column_text css=””]The Food Waste Recycling rules (N.J.A.C. 7:26K ) implement the Food Waste Recycling and Food Waste-to-Energy Production Law (N.J.S.A. 13:1E-99.122 et seq. ), which was passed in 2020. The rules requires large food waste generators 1 that generate an average projected volume of 52 tons of food waste 2 or more per year and are located within 25 road miles of an authorized food waste recycling facility to source separate and recycle their food waste.

This website provides resources on how to measure food waste and implement food waste reduction practices, as well as a list of the authorized food waste recycling facilities and their locations. The NJDEP is in the process of developing information and instructions for the food waste recycling forms, including the annual reporting form, petition for waiver form, and request for authorization to use an alternative food waste recycling method form, which will be posted to this webpage when the forms are available.

If you have any questions or concerns about the rules or their implementation, please contact the Bureau of Solid Waste Planning and Licensing at foodwasterecycling@dep.nj.gov or (609) 984-4250.

 

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1 A large food waste generator is any commercial food wholesaler, distributor, industrial food processor, supermarket, resort, conference center, banquet hall, restaurant, educational or religious institution, military installation, prison, hospital, medical facility, or casino that generates an average projected weight of 52 tons of food waste per calendar year. Please note that this does not include any interstate carrier conducting interstate transportation operations in the post-security area of an international airport.

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2 Food waste is defined as food product over-runs, vegetative waste, residue, and soiled and unrecyclable paper generated from processing and packaging operations; overripe produce; trimmings from food; used cooking fats, oil, and grease; expired and damaged grocery goods that cannot be issued or sold to consumers; and packaged food waste products and palletized materials that fit any of these categories. Plate waste (also known as post-consumer waste) and food donated by the generator for human consumption do not fall under the definition of food waste and should not be included when estimating or measuring food waste generation.

[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_empty_space height=”50px”][/vc_column][/vc_row][vc_row equal_height=”yes” disable_element=”yes”][vc_column width=”1/3″][info-box-shortcode icon=”fa fa-solid fa-circle-question” targetlink=”true”]If you have any questions or concerns about the rules or their implementation, please contact the Bureau of Solid Waste Planning and Licensing at foodwasterecycling@dep.nj.gov or (609) 984-4250.

[/info-box-shortcode][/vc_column][vc_column width=”1/3″][info-box-shortcode icon=”fa fa-solid fa-up-right-from-square” buttontitle=”Food Waste Recycling Forms” buttonlink=”https://deptest.nj.gov/dshw/swpl/fw/forms/” targetlink=”true”][/info-box-shortcode][/vc_column][vc_column width=”1/3″][info-box-shortcode icon=”fa fa-solid fa-up-right-from-square” buttontitle=”Contact Us” buttonlink=”https://deptest.nj.gov/dshw/swpl/fw/contact/” targetlink=”true”][/info-box-shortcode][/vc_column][/vc_row][vc_row equal_height=”yes”][vc_column width=”1/4″][info-box-shortcode icon=”fa fa-solid fa-up-right-from-square” buttontitle=”List of Authorized Food Waste Recycling Facilities” buttonlink=”https://deptest.nj.gov/dshw/swpl/fw/food-waste-recycling-rules/lafwrf/” targetlink=”true”][/info-box-shortcode][/vc_column][vc_column width=”1/4″][info-box-shortcode icon=”fa fa-solid fa-up-right-from-square” buttontitle=”How to Measure Food Waste” buttonlink=”https://deptest.nj.gov/dshw/swpl/fw/food-waste-recycling-rules/htmfw/” targetlink=”true”][/info-box-shortcode][/vc_column][vc_column width=”1/4″][info-box-shortcode icon=”fa fa-solid fa-up-right-from-square” buttontitle=”How to Reduce Food Waste” buttonlink=”https://deptest.nj.gov/dshw/swpl/fw/food-waste-recycling-rules/htrfw/” targetlink=”true”][/info-box-shortcode][/vc_column][vc_column width=”1/4″][/vc_column][/vc_row][vc_row disable_element=”yes”][vc_column][vc_empty_space][vc_column_text css=”” el_id=”faq”]

Frequently Asked Questions

[/vc_column_text][vc_tta_accordion section_title_tag=”h2″ color=”white” c_icon=”chevron” c_position=”right” active_section=”-1″ collapsible_all=”true”][vc_tta_section title=”Am I required to recycle my food waste?” tab_id=”requirement”][vc_column_text css=””]If you are a large food waste generator and you are located within 25 road miles of an authorized food waste recycling facility that will accept your food waste, you are required to recycle it.

If you are a large food waste generator but you are not located within 25 road miles of an authorized food waste recycling facility that will accept your food waste, you are not required to recycle it, but you are required to report your food waste generation to the DEP annually.[/vc_column_text][/vc_tta_section][/vc_tta_accordion][vc_empty_space][vc_column_text css=””]

Am I a large food waste generator?

[/vc_column_text][vc_tta_accordion color=”white” c_icon=”chevron” c_position=”right” active_section=”-1″ collapsible_all=”true” css=”.vc_custom_1768328235146{margin-left: 100px !important;}”][vc_tta_section title=”What is a large food waste generator?” tab_id=”large-food-waste-generator”][vc_column_text css=””]To be considered a large food waste generator, you need to meet two criteria. First, you must be one of the following types of establishments:

  1. Commercial food wholesaler
  2. Distributor
  3. Industrial food processor
  4. Supermarket
  5. Resort
  6. Conference center
  7. Banquet hall
  8. Restaurant
  9. Educational or religious institution
  10. Military installation
  11. Prison
  12. Hospital
  13. Medical facility
  14. Casino

Second, you must generate at least 52 tons of food waste in a calendar year. Each year, you will need to estimate the average amount of food waste you will generate in the following year to determine whether you are a large food waste generator. You may be a large food waste generator one year but not the next year or vice versa.[/vc_column_text][/vc_tta_section][vc_tta_section title=”How do I know how much food waste I generate?” tab_id=”how-much-food-waste”][vc_column_text css=””]The DEP does not require you to use a particular method to determine how much food waste you generate. You may calculate food waste generation using any method you choose, such as one of the following:

  • Conduct a waste characterization study (e.g., a waste audit) to determine what percentage of your solid waste consists of food waste.
  • Physically weigh food waste as it is being generated.
  • Estimate food waste generation using an online calculator/estimation tool.

The DEP provides a list of tools to help you estimate your food waste generation at https://deptest.nj.gov/dshw/swpl/fw/food-waste-recycling-law/htmfw/. However, please be aware that the tools listed on DEP’s website may define “food waste” in different ways and that these definitions do not necessarily match the definition of “food waste” in this rule, which is unique compared to how the United States Environmental Protection Agency (USEPA) and many other state governments define “food waste.” New Jersey’s definition excludes “plate waste,” which should not be included in your food waste estimates (see the next question for more information about plate waste). The tools on our website may overestimate your food waste generation if you produce a significant amount of plate waste.

The DEP is currently developing a food waste estimation tool that will more accurately estimate food waste generation under these rules, following New Jersey’s unique “food waste” definition. This tool will be available on the DEP’s website in the near future.[/vc_column_text][/vc_tta_section][vc_tta_section title=”What is the difference between food waste and plate waste?” tab_id=”difference”][vc_column_text css=””]The difference between “food waste” and “plate waste” essentially lies with how the waste was generated and who generated it. Food waste is typically generated by a business or institution when it is harvested, processed, manufactured, packaged, distributed, or prepared before it has been issued or sold to a consumer. Food that has been issued or sold to a consumer but goes uneaten is considered plate waste.

Plate waste is not required to be recycled under this rule nor is it counted towards the amount of food waste generated by a large food waste generator. In other words, plate waste does not affect whether you meet the 52 tons-per-year threshold necessary for you to be required to source separate and recycle your food waste under these rules.

For the complete definitions of food waste and plate waste, please refer to N.J.A.C. 7:26K-1.2.[/vc_column_text][/vc_tta_section][vc_tta_section title=”My company has multiple establishments in New Jersey that fall under one corporate umbrella. How do I calculate our food waste generation?” tab_id=”multiple-establishments”][vc_column_text css=””]The source separation and recycling requirements would only apply to the individual establishment(s) that generate at least 52 tons of food waste per year. The 52-ton-per-year threshold is not based on the combined food waste generated at all locations within a chain of establishments or under the same corporate umbrella. The food waste generated at each individual location should be measured or estimated separately by location to determine whether or not the establishment must comply with these requirements.

Please be aware that the individual establishment that meets this threshold of food waste generation is only required to source separate and recycle food waste if that establishment is also located within 25 road miles of an authorized food waste recycling facility. However, it is still required to comply with the annual reporting requirements.[/vc_column_text][/vc_tta_section][vc_tta_section title=”My establishment generates less than 52 tons of food waste per year but is located within a larger facility that collectively generates more than 52 tons of food waste. Am I a large food waste generator?” tab_id=”less-than-52-tons”][vc_column_text css=””]No. An individual establishment, such as a restaurant inside a shopping mall food court, that generates less than 52 tons of food waste is not considered a large food waste generator. Since the rules apply to the individual establishment that is considered a large food waste generator, not the collective amount of food waste generated at the food court, each establishment must determine if they individually meet the 52 ton-per-year threshold of food waste generation. You are only required to recycle your food waste if your individual establishment meets this threshold and is located within 25 road miles of an authorized food waste recycling facility.[/vc_column_text][/vc_tta_section][vc_tta_section title=”My establishment meets the criteria for a large food waste generator, but our property manager handles solid waste contracts and is not required to recycle food waste. Am I still required to source separate and recycle my food waste?” tab_id=”property-manager-not-required”][vc_column_text css=””]Yes. If you are a large food waste generator that is a tenant leasing property from a landlord that is otherwise responsible for managing the disposal of the generator’s solid waste, you are still required to source separate and recycle your food waste if you are located within 25 road miles of an authorized food waste recycling facility. You may need to seek amendments to your existing contracts to comply with these requirements. However, the landlord is not required to source separate and recycle food waste unless the landlord also meets the definition of a “large food waste generator.”[/vc_column_text][/vc_tta_section][/vc_tta_accordion][vc_empty_space][vc_column_text css=””]

Am I located within 25 road miles of an authorized food waste recycling facility?

[/vc_column_text][vc_tta_accordion color=”white” c_icon=”chevron” c_position=”right” active_section=”-1″ collapsible_all=”true” css=”.vc_custom_1768328292785{margin-left: 100px !important;}”][vc_tta_section title=”What is an authorized food waste recycling facility?” tab_id=”authorized-food-waste-recycling-facility”][vc_column_text css=””]An “authorized food waste recycling facility” is a Class C recycling center within New Jersey that is authorized to accept, store, process, or transfer food waste or compostable material, pursuant to the Recycling Rules, N.J.A.C. 7:26A.[/vc_column_text][/vc_tta_section][vc_tta_section title=”Where are the authorized food waste recycling facilities in New Jersey?” tab_id=”where-in-nj”][vc_column_text css=””]The DEP lists all authorized food waste recycling facilities on its website at https://deptest.nj.gov/dshw/swpl/fw/food-waste-recycling-rules/lafwrf/.[/vc_column_text][/vc_tta_section][vc_tta_section title=”How do I determine if I am located within 25 road miles of an authorized food waste recycling facility?” tab_id=”25-miles”][vc_column_text css=””]The DEP does not require any particular method for determining the distance between a large food waste generator and an authorized food waste recycling facility. You can use any online mapping tool, like Google Maps, to determine the distance.[/vc_column_text][/vc_tta_section][vc_tta_section title=”What should I do if there are authorized food waste recycling facilities within 25 road miles but they will not accept my food waste?” tab_id=”wont-accept-waste”][vc_column_text css=””]You are only required to recycle your food waste if an authorized food waste recycling facility located within 25 road miles will accept the food waste. Otherwise, you may choose to send the food waste to a solid waste facility for disposal. However, you must follow your county’s approved solid waste management plan when sending your food waste for disposal. For more information about your county’s solid waste management plan, visit us online at https://deptest.nj.gov/dshw/swpl/countyplansummary/.

Even though you are not required to recycle your food waste, please note that you will still be required to report your food waste generation to the DEP annually.[/vc_column_text][/vc_tta_section][vc_tta_section title=”The only authorized food waste recycling facility willing to accept my food waste is more than 25 road miles away. Am I still required to source separate and recycle my food waste?” tab_id=”more-than-25″][vc_column_text css=””]No. You are not required to recycle your food waste unless you are located within 25 road miles of an authorized food waste recycling facility that will accept the waste. However, you are still required to maintain certain records and submit the annual reporting form to the DEP.

Also, be aware that you may be required to source separate and recycle food waste in the future if a new food waste recycling facility opens within 25 road miles.[/vc_column_text][/vc_tta_section][/vc_tta_accordion][vc_empty_space height=”16px”][vc_tta_accordion section_title_tag=”h3″ color=”white” c_icon=”chevron” c_position=”right” active_section=”-1″ collapsible_all=”true” css=”.vc_custom_1768328999153{margin-left: 50px !important;}”][vc_tta_section title=”Can the DEP provide a list of regulated food waste generators?” tab_id=”list-of-generators”][vc_column_text css=””]No, the DEP does not have a list of large food waste generators subject to the Food Waste Recycling rules at this time.[/vc_column_text][/vc_tta_section][/vc_tta_accordion][vc_empty_space][vc_tta_accordion section_title_tag=”h2″ color=”white” c_icon=”chevron” c_position=”right” active_section=”-1″ collapsible_all=”true”][vc_tta_section title=”I am a large food waste generator, but I am not required to recycle my food waste. Do I need to submit anything to the DEP?” tab_id=”large-generator-not-required”][vc_column_text css=””]As a large food waste generator, you are required to report your food waste generation to the DEP annually even if you are not required to recycle it because your establishment is located more than 25 road miles from an authorized food waste recycling facility or because the facility will not accept your food waste. No other documentation is necessary unless requested by the DEP. Please do not submit a petition for waiver as a waiver does not apply in these instances. Waivers apply only to qualifying large food waste generators that are located within 25 road miles of an authorized food waste recycling facility that will accept their food waste.[/vc_column_text][/vc_tta_section][vc_tta_section title=”How do I report my food waste generation to the DEP?” tab_id=”1768328857433-e6ddeac0-a488″][vc_column_text css=””]All large food waste generators are required to submit the annual reporting form using the electronic form available on DEP’s Regulatory Service Portal at https://deptest.nj.gov/online/. However, large food waste generators that are not required to recycle food waste will only need to submit basic information on the form that confirms they are not subject to these requirements.

Reporting forms are due by April 30th each year. There is no fee associated with submitting the required form.

The large food waste generator is required to certify the form, but you may authorize, in writing, certain other representatives to prepare and submit forms on your behalf (see N.J.A.C. 7:26K-3.1). Regardless of who prepares and submits the form, the large food waste generator is responsible for complying with the rules, including the submission of complete and accurate forms.

For more information on how to prepare and submit your annual reporting form, please visit https://deptest.nj.gov/dshw/swpl/fw/forms/.[/vc_column_text][/vc_tta_section][vc_tta_section title=”I am required to recycle my food waste. Do I need to send it to the authorized food waste recycling facility that is located within 25 road miles, or do I have other options?” tab_id=”other-options”][vc_column_text css=””]You do not have to send your food waste to the authorized food waste recycling facility located within 25 road miles. You have several options for recycling your food waste under these rules. These options include:

  1. Sending food waste for recycling to any authorized food waste recycling facility, including an authorized food waste recycling facility that is located more than 25 road miles from your establishment if that facility will accept the waste
  2. Recycling food waste onsite using enclosed composting, aerobic, or anaerobic digestion. For permitting information or for information about onsite activities exempt from permitting requirements, please contact the Bureau of Recycling and Hazardous Waste Management at (609) 984-3438 or recyclingfacilities@dep.nj.gov.
  3. Sending food waste offsite to be used for an agricultural purpose, such as to a farm that uses the food waste to feed animals
  4. Any other method, as long as you have received prior authorization from the DEP. You may request authorization by using the electronic form on the DEP’s Regulatory Service Portal at https://deptest.nj.gov/online/. Please note that in order to submit an authorization request, you must have already submitted your annual reporting form for the current reporting year. For more information on how to prepare and submit your request for authorization, please visit https://deptest.nj.gov/dshw/swpl/fw/forms/.

[/vc_column_text][/vc_tta_section][/vc_tta_accordion][vc_empty_space height=”16px”][vc_tta_accordion section_title_tag=”h3″ color=”white” c_icon=”chevron” c_position=”right” active_section=”-1″ collapsible_all=”true” css=”.vc_custom_1768329236239{margin-left: 50px !important;}”][vc_tta_section title=”Do I have to select just one method of recycling?” tab_id=”recycling-method”][vc_column_text css=””]No. You may select multiple recycling methods. However, in your annual report, you will be required to provide how much food waste you recycled by each method.[/vc_column_text][/vc_tta_section][vc_tta_section title=”Can I send my food waste to a facility outside of New Jersey to be recycled?” tab_id=”outside-facility”][vc_column_text css=””]Yes. However, in some cases, you will need to receive prior authorization from the DEP to do so. If you would like to send food waste to a food waste recycling facility outside of New Jersey and that facility is not using the recycled food waste for an agricultural purpose, you must submit an electronic Request for Authorization form. You will not be in compliance with these rules if you send your food waste for recycling out-of-state without prior written authorization.[/vc_column_text][/vc_tta_section][/vc_tta_accordion][vc_empty_space][vc_tta_accordion section_title_tag=”h2″ color=”white” c_icon=”chevron” c_position=”right” active_section=”-1″ collapsible_all=”true”][vc_tta_section title=”Is packaged food waste required to be source separated and recycled?” tab_id=”packaged-waste”][vc_column_text css=””]Yes. However, you should check with the entity receiving your food waste for recycling to find out if it will accept food waste that is still in its packaging. A large food waste generator that is required to source separate and recycle food waste needs to separate food waste from its packaging if the receiving facility will not accept it.[/vc_column_text][/vc_tta_section][vc_tta_section title=”I am required to recycle my food waste, but recycling food waste is expensive and inconvenient. Do I have other options?” tab_id=”expensive-inconvenient”][vc_column_text css=””]Preventing food waste from occurring in the first place should be prioritized. And while preventing food waste is the most preferred action you can take, donating food has many social, economic, and environmental benefits as well. You are encouraged to follow USEPA’s Wasted Food Scale when choosing ways to manage your food waste sustainably, and you can refer to NJDEP’s Food Waste Toolkit for more information about donating surplus food in New Jersey. Please note that food that is donated is not considered “food waste” and is not counted toward the amount of food waste you generate.

While the DEP encourages you to consider prevention and donation first, if the cost to recycle your food waste is at least 10 percent more than the cost to manage the food waste as solid waste, you may be eligible for a waiver from the recycling requirements when certain conditions are met. Please refer to N.J.A.C. 7:26K-4.1 to determine if you may be eligible.[/vc_column_text][/vc_tta_section][/vc_tta_accordion][vc_empty_space height=”16px”][vc_tta_accordion section_title_tag=”h3″ color=”white” c_icon=”chevron” c_position=”right” active_section=”-1″ collapsible_all=”true” css=”.vc_custom_1768329585120{margin-left: 50px !important;}”][vc_tta_section title=”How do I apply for a waiver?” tab_id=”waiver-application”][vc_column_text css=””]If you believe you are eligible for a waiver, you will need to submit a petition for waiver form using the DEP’s Regulatory Service Portal available at https://deptest.nj.gov/online/. The DEP will accept petitions for waivers on a rolling basis. Please note that in order to submit a petition for waiver, you must have already submitted your annual reporting form for the current reporting year.

The large food waste generator is required to certify the petition for waiver, but you may authorize, in writing, certain other representatives to prepare and submit the petition on your behalf (see N.J.A.C. 7:26K-3.1). Regardless of who prepares and submits the petition, the large food waste generator is responsible for complying with the rules, including the submission of complete and accurate forms. Additional requirements for petitions for waiver are described under N.J.A.C. 7:26K-4.2.

For more information on how to prepare and submit a petition for waiver, please visit https://deptest.nj.gov/dshw/swpl/fw/forms/.[/vc_column_text][/vc_tta_section][vc_tta_section title=”How long is a waiver good for?” tab_id=”waiver-duration”][vc_column_text css=””]A waiver is effective for one year from the date it is issued by the DEP.[/vc_column_text][/vc_tta_section][/vc_tta_accordion][vc_empty_space][vc_column_text css=””]

How are these rules enforced?

[/vc_column_text][vc_tta_accordion section_title_tag=”h3″ color=”white” c_icon=”chevron” c_position=”right” active_section=”-1″ collapsible_all=”true” css=”.vc_custom_1768329780728{margin-left: 50px !important;}”][vc_tta_section title=”Who can enforce these rules?” tab_id=”who-enforces-rules”][vc_column_text css=””]The DEP and county health departments are authorized to enforce these rules.[/vc_column_text][/vc_tta_section][vc_tta_section title=”How can I demonstrate that I am complying with these rules during an enforcement visit?” tab_id=”complying-with-rules”][vc_column_text css=””]You should maintain all records required under N.J.A.C. 7:26K-3.2 and be prepared to provide any documentation requested by the enforcement officer during the inspection. If you are a large food waste generator that is required to recycle food waste, be prepared to provide documentation showing where the food waste is being sent for recycling. If you have determined that your establishment does not meet the 52 ton-per-year threshold or your establishment is not located within 25 road miles of an authorized food waste recycling facility that will accept your food waste, be prepared to show documentation of how you determined this.[/vc_column_text][/vc_tta_section][vc_tta_section title=”Are there penalties for non-compliance?” tab_id=”non-compliance”][vc_column_text css=””]Yes. Any person who violates these rules may incur a civil penalty of $250 for the first offense, $500 for the second offense, and $1,000 for the third and each subsequent offense.[/vc_column_text][/vc_tta_section][/vc_tta_accordion][/vc_column][/vc_row][vc_row][vc_column][vc_empty_space height=”50px”][/vc_column][/vc_row]