US Food Waste Laws by State: A 2026 Guide for Foodservice Operators

14 hours ago

8 min read

Updated October 2026. This guide summarizes public information and is not legal advice. Check with your state agency or local jurisdiction for your specific requirements.

Food waste rules are no longer limited to one or two states. As of 2026, eleven states have enacted laws that restrict how large businesses dispose of food scraps. Several of them tightened their thresholds this year, and New York City runs its own program. For dining directors, hotel F&B teams, and contract foodservice operators, that means more locations fall under a law, and more of them need records to prove compliance.

This guide covers each state's requirements, what changed in 2026, the federal rules on food donation, and a checklist for getting ready.

Quick answer: which states have food waste laws?

As of 2026, California, Connecticut, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, Vermont, and Washington have organic waste or food waste disposal laws, according to the Natural Resources Defense Council. Most apply to large generators above a weekly or annual tonnage threshold. Many also require that a composting or anaerobic digestion facility be within a set distance.

2026 food waste laws at a glance

State	Who is covered	Threshold	Key dates
California (SB 1383)	Tier 1 and Tier 2 commercial edible food generators, plus all businesses for organics recycling	Tier-based, not tonnage	Tier 1 since 2022, Tier 2 since 2024
Connecticut	Commercial food businesses and institutions	26 tons/year, facility within 20 miles	In effect
Maine	Large food waste generators	2 tons/week within 20 miles, then 1 ton/week within 25 miles	July 1, 2030 and July 1, 2032
Maryland	Businesses and institutions producing food residuals	1 ton/week, facility within 30 miles	1 ton/week since 2024
Massachusetts	Businesses and institutions	0.5 tons/week	Since Nov 1, 2022
New Jersey	Large food waste generators	52 tons/year, facility within 25 miles	Since 2021
New York State	Large generators (outside NYC)	1 ton/week, facility within 50 miles	1 ton/week from Jan 1, 2026; 0.5 tons/week in 2028
New York City	Restaurants, hotels, grocers, caterers, venues above size thresholds	Size-based (e.g., food service 7,000+ sq ft, hotels 100+ rooms)	Since 2016, expanded 2018 and 2020
Rhode Island	Institutions, schools, wholesalers, supermarkets	30 to 104 tons/year by type, facility within 15 miles	All schools regardless of volume from Jan 1, 2029
Vermont	Everyone	No threshold	Since July 1, 2020
Washington	Businesses in organics management areas	96 gallons/week	96 gallons from Jan 1, 2026; penalties from July 1, 2026

What changed in 2026

New York lowered its threshold. An amendment signed in December 2024 cut the threshold from 2 tons to 1 ton of food scraps per week starting January 1, 2026, and to 0.5 tons in 2028. It also widened the distance rule from 25 to 50 miles, which brings many more facilities in range (BioCycle).
Washington reached its final threshold and added penalties. Businesses generating 96 gallons or more of organic material per week now need organics collection in covered areas. Under HB 1497, penalties start July 1, 2026, at a minimum of $500 per day for a first violation. Small businesses are capped at $10,000 per year (Washington State Legislature).
California enforcement is in full swing. Jurisdictions now inspect Tier 1 and Tier 2 edible food generators and can issue penalties.

State-by-state requirements

California: SB 1383

California's SB 1383 is the most comprehensive food waste law in the country. It aims to cut organic waste sent to landfills by 75% and recover 20% of edible food that would otherwise be thrown away (CalRecycle).

Tier 1 generators (large grocery stores, food distributors, wholesale food vendors) have had to donate surplus edible food since 2022.
Tier 2 generators (large restaurants, hotels with onsite food facilities and 200+ rooms, large venues and events, and school districts with onsite food facilities) have had to donate since 2024.
Covered businesses need written agreements with food recovery organizations and records of what they donate.

For a full breakdown, see our California SB 1383 compliance guide for foodservice.

Connecticut

Commercial food wholesalers, manufacturers, supermarkets, resorts, conference centers, and institutions that generate at least 26 tons per year of source-separated organics must recycle them at an authorized facility, when one is within 20 miles (ReFED Policy Finder).

Maine

Maine's law starts later but is already on the books. From July 1, 2030, anyone generating more than 2 tons of food waste per week within 20 miles of an organics recycler must divert it from landfills. On July 1, 2032, the threshold drops to 1 ton per week within 25 miles. Covered generators must prioritize reduction and donation and file annual reports (ReFED Policy Finder).

Maryland

Entities that generate at least 1 ton of food residuals per week must divert them from disposal if a facility that can accept them is within 30 miles. A waiver is available if diversion costs more than 10% above disposal (ReFED Policy Finder).

Massachusetts

Since November 1, 2022, businesses and institutions that dispose of half a ton or more of food material per week must divert it. Options include reduction, donation, animal feed, composting, or anaerobic digestion (Massachusetts DEP).

New Jersey

Large food waste generators that produce more than 52 tons of food waste per year must separate and recycle it. They are exempt if the nearest facility is more than 25 miles away, or if recycling costs 10% more than disposal (ReFED Policy Finder).

New York State and New York City

New York State's Food Donation and Food Scraps Recycling Law requires covered generators to donate excess edible food and recycle remaining food scraps. From January 1, 2026, the threshold is 1 ton per week and the distance rule is 50 miles (BioCycle).

New York City is exempt from the state law because it has its own rules under Local Law 146. Covered businesses include (NYC Department of Sanitation):

food service establishments of 7,000 square feet or more (or chains with 8,000+ combined)
hotels with 100 or more rooms
large grocers
caterers serving 100+ attendees
arenas, stadiums, and large food manufacturers and wholesalers

Rhode Island

Thresholds vary by type of generator (ReFED Policy Finder):

higher education and research institutions: more than 52 tons per year
K-12 schools: more than 30 tons per year
food wholesalers and supermarkets: more than 104 tons per year

The rule applies within 15 miles of a composting or anaerobic digestion facility. From January 1, 2029, all remaining educational entities must recycle their organic waste regardless of volume or distance.

Vermont

Vermont's Universal Recycling Law has banned food scraps from the trash for everyone, households included, since July 1, 2020. It is the strongest food waste law in the country. According to NRDC, the state reached a 54% food scrap recycling rate within three years.

Washington

Washington's organics management law (HB 1799) phased in business requirements: 8 cubic yards per week in 2024, 4 cubic yards in 2025, and 96 gallons per week from January 1, 2026, in designated business organics management areas. HB 1497 adds enforcement from July 1, 2026 (Washington State Legislature).

Federal rules every operator should know

There is no federal food waste disposal ban. Federal law does shape how operators can donate.

Bill Emerson Good Samaritan Food Donation Act. It protects businesses that donate food in good faith from civil and criminal liability. The Food Donation Improvement Act, signed January 5, 2023, extended that protection in two ways: to food sold at a reduced price that covers only handling costs, and to donations made directly to people in need, not only through nonprofits (Center for Health Law and Policy Innovation).
National Strategy for Reducing Food Loss and Waste and Recycling Organics. Released in June 2024 by the USDA, EPA, and FDA, it supports the national goal of cutting food loss and waste in half by 2030 (USDA).
Proposed legislation. Bills such as the Zero Food Waste Act, which would fund state and local food waste programs, have been introduced in Congress but have not passed.

Local rules matter too

State law is only part of the picture. Cities and counties often have stricter rules or earlier deadlines. Examples include New York City's commercial organics rules and California jurisdictions that enforce SB 1383 locally. Multi-site operators should check each location's city and county requirements, not just the state.

Compliance checklist for foodservice operators

List every location and the state and city it sits in.
Estimate each location's weekly food waste by weight or volume, and compare it with the thresholds above.
Check the distance to the nearest composting or anaerobic digestion facility where the law has a distance rule.
Set up a written agreement with a food recovery organization if you are an edible food generator (California and New York).
Separate food scraps from trash, and confirm your hauler provides organics collection.
Keep records of how much food you produce, donate, compost, and discard.
Train staff on what goes in each bin.
Review your numbers each quarter, and before any threshold change (New York in 2028, Maine in 2030).

The easiest way to comply: produce less waste

Every one of these laws has the same logic: reduce first, donate second, recycle third. A kitchen that produces closer to actual demand has less surplus to donate, less to haul, and less to document. That saves on ingredients, labor, and hauling fees at the same time.

Most compliance problems come down to missing data. Manual logs get skipped during a busy service. Hauler invoices show volume but not what the food was or why it was wasted. Metafoodx's AI Scanner records the menu item, weight, and temperature of each pan in a quick scan. It also tracks whether leftovers were reused, donated, composted, or discarded. That gives operators item-level production, donation, and waste records they can use for reporting and for cutting overproduction at the source. Customers such as UMass Amherst and Pomona College have seen overproduction reductions above 50%.

To start measuring, use our free food waste audit checklist and template.

Frequently asked questions

Which states ban food waste from landfills?

What changed in US food waste laws in 2026?

New York lowered its threshold from 2 tons to 1 ton per week and widened its distance rule to 50 miles. Washington's threshold dropped to 96 gallons per week, and penalties begin July 1, 2026.

Does my restaurant have to donate food?

In California, large restaurants (250+ seats or 5,000+ square feet) are Tier 2 generators and must donate surplus edible food. New York State requires covered generators to donate excess edible food. In other states, donation is encouraged but not required. Federal law protects good-faith donors from liability.

Is there a federal law on food waste?

There is no federal disposal ban. The Bill Emerson Good Samaritan Food Donation Act and the Food Donation Improvement Act protect donors. The 2024 National Strategy supports the goal of halving US food loss and waste by 2030.

How do I prove compliance?

Keep records of food donated (with recipient agreements where required), organics collected by your hauler, and waste reduction efforts. Automated tracking makes this easier than manual logs, because the data is captured as the food moves through the kitchen.

Metafoodx is an AI-powered food intelligence platform that helps foodservice operations reduce waste, cut costs, and improve kitchen efficiency. Ready to see how we can help transform your food service operation? Book a demo with our team today.