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(Last Updated 10/29/2024)
New York Food Waste Policy
New York Date Labeling Regulations
Rating: Moderate Policy
6 NYCRR Part 42
Except for those date labels required under the FDA model Food Code provisions adopted by New York, New York does not require date labeling on any food. The sale or donation of past date reduced oxygen packaging items and refrigerated, ready-to-eat, time/temperature control for safety food is prohibited.
Overview
Date labels are the dates on food packaging that are accompanied by phrases such as "use by," "best before," "sell by," "enjoy by," and "expires on." Date labels are almost entirely unregulated under federal law, except for infant formula and some very limited instances related to poultry and egg products.
The U. S. Food and Drug Administration (FDA) publishes a model Food Code, to help states regulate restaurants, food service providers, and food retailers to ensure the safe handling of food. Nearly every state has adopted a version of the FDA Food Code that requires date labeling for molluscan shellfish and foods in reduced oxygen packaging, as well as the marking of certain refrigerated, ready-to-eat, time/temperature control for safety foods to indicate the day by which the food should be consumed or discarded.
Shucked shellfish packages smaller than ½ gallon must be marked with a “sell by" or "best if used by" date, and shucked shellfish packages with capacity of ½ gallon or more must be labeled with the date of shucking.
Food in reduced oxygen packaging generally must be labeled with the earlier of a “use-by" date not more than 30 days from the date of packaging or the original manufacturer’s “sell by” date. In states that have adopted the 2009 FDA Food Code or a prior version, the “use-by" date cannot be not more than 14 days from the date of packaging or the original manufacturer’s “sell by” date. The sale or donation of past date reduced oxygen packaging items is prohibited.
Refrigerated, ready-to-eat, time/temperature control for safety food prepared and held in a food establishment for more than 24 hours generally must be marked to indicate the day by which the food should be consumed or discarded.
Because federal law is so limited, states have broad discretion to regulate date labels, which has resulted in a patchwork of date label regulation across the United States. The inconsistency in date label laws, for foods other than those mentioned above, leads to food waste because consumers may discard food after the date on the package due to confusion about product safety and retailers or manufacturers may discard food due to confusion about selling or donating the past-date food. Also, some states explicitly prohibit or limit the donation of past date foods.
New York Liability Protection Regulations
Rating: Moderate Policy
Donations made within the state are protected from liability according to the federal Bill Emerson Good Samaritan Food Donation Act.
Overview
The Bill Emerson Good Samaritan Food Donation Act, as amended by the Food Donation Improvement Act, provides a strong federal baseline of protection for food donors against state and federal liability claims. It covers individuals, businesses, schools, nonprofit organizations, the officers of businesses and nonprofit organizations, and gleaners. A donor must donate in good faith to a nonprofit organization that distributes the donated food to needy populations, or, if the donor is a qualified direct donor, they may donate food directly to needy individuals. Donated food must meet all quality and labeling standards imposed by federal, state and local laws and regulations. A state’s liability protection law can provide more, but not less, protection than the Emerson Act.
New York TAX INCENTIVES
Rating: Moderate Policy
N.Y. Tax Law §210-B(52)
Under N.Y. Tax Law §210-B(52), farmers are eligible for a tax credit for donations of apparently wholesome food that meets all quality and labeling standards to IRC § 501(c)(3) NY food banks, pantries, or other emergency food programs. The credit is valued at 25% of the fair market value of the qualified donations, not to exceed $5,000 per tax year.
Overview
The federal government provides tax deductions to incentivize businesses to donate food. As of December 2015, all businesses—including C-corporations, S-corporations, limited liability corporations (LLCs), partnerships and sole proprietorships—are eligible for an enhanced tax deduction that exceeds the property’s basis for donated food if they meet certain requirements. If they do not meet the requirements, they can still claim a general tax deduction in the amount of the property’s basis.
New York FOOD SAFETY
Rating: Moderate Policy
Comprehensive Business Guidance; Share Table Guidance; Food Safety and Nutrition Guidance
New York provides share table guidance for schools and comprehensive donation guidance for businesses covered by the organic waste ban. The guidance includes storage and labeling requirements, as well as direction in communicating with local food banks. NYC's DonateNYC also includes general guidance about food safety and nutrition.
Overview
States often base their food safety regulations on the model food safety regulations for restaurants and retail stores within the FDA Food Code. While the Food Code states that food donation is permitted, it does not specify which food safety laws or regulations pertain to the food donation context. Without guidance or clarity coming from a governmental entity, food donors will often refuse to donate their safe, wholesome food. States vary broadly in terms of the level of guidance they provide on food safety rules for food donation, often providing limited guidance for a specialized context, such as share tables in schools, or no guidance at all.
New York Animal Feed Regulations
Rating: Strong Policy
N.Y. AGM. Law §§ 72-a
New York policy mirrors federal policy and does not include any additional requirements; therefore, we consider it a Strong Policy.
Overview
For centuries, using food scraps as animal feed was common worldwide. The practice declined rapidly in the 1980s, when several disease outbreaks were linked to unsafe animal feed. In an attempt to prevent the spread of such diseases, federal laws and regulations were enacted to restrict what is often pejoratively referred to as “garbage feeding” to animals. However, using food scraps as animal feed in a safe, resource-efficient way can be environmentally friendly and energy-efficient, providing multiple benefits for both farmers and food waste generators, such as retailers, restaurants, and institutional cafeterias. Under federal law, food scraps can generally be fed to animals, so long as food scraps with animal derived by-products are heat-treated by a licensed facility before being fed to swine; and food scraps containing animal-derived by-products are not fed to ruminants. The federal regulations function as a floor, and most state regulations go beyond them.
New York Organic Waste Recycling Laws
Rating: Weak Policy
N.Y. Envtl. Conservation Law §§ 27-2201 – 27-2219.
Businesses, organizations, and institutions that generate more than 2 tons/week of wasted food must donate excess edible food to the maximum extent practicable and recycle all remaining food scraps if they are within 25 miles of an organics recycler (composting facility, anaerobic digester, etc.). Hospitals, nursing homes, adult care facilities and elementary and secondary schools are excluded from the requirements of the law. The law also exempts generators in New York City, which has an independent organic waste recycling ordinance.
New York City Municipal Ordinance
Rating: Moderate Policy
N.Y.C. ADMIN. CODE § 16-306.1; N.Y.C. ADMIN. CODE § 16-308.1
Covered entities must separate their organic material and either send to a composting, AD, or other processing facility, or process it on-site. Entities include: Food service establishments in hotels with 100 or more rooms; arenas and stadiums with a seating capacity of 15,000 or more people; food manufacturers with a floor area of 25,000 sq. ft. or more; food wholesalers with a floor area of 20,000 sq. ft. or more; food service establishments with floor areas of at least 7,000 sq. ft. or chains with combined area of at least 8,000 sq. ft.; food preparation establishments with a floor area of at least 6,000 sq. ft.; catering establishments for events greater than 100 people; food service establishments that are part of chains with at least 100 locations; food retailers with floor areas of at least 10,000 sq. ft. or chains with a combined area of at least 10,000 sq. ft.; and sponsors of public events. Some waivers apply.
Beginning October 2, 2023, residential food waste must be separated for curbside organic waste collection in certain sanitation districts. By October 7, 2024, all New York City residents will be required to source separate their food waste for curbside organics collection.
Ulster County Code
Rating: Moderate Policy
Ulster County Code §§ 304-45 - 56
Any person, business, entity, or institution that produces more than a half ton of food scraps/week must donate excess edible food to the maximum extent practicable. All remaining food scraps must be recycled for animal feed when possible. Any food scraps that cannot be used for animal feed must be recycled (composting, digestion, rendering, etc.). Covered entities can apply for a waiver if their gross income is under $300,000 and the cost of diverting food scraps to organics recycling is at least 10% more expensive than the cost of disposal (landfills, incinerators, etc.).
Overview
In order to push businesses and consumers to reduce food waste, a growing number of states and localities are enacting organic waste bans or waste recycling laws to restrict the amount of food waste an entity can send to the landfill. However, each state differs regarding the specifics of its waste ban or recycling law. For example, they vary with regard to the types of entities covered under the law, how much organic waste an entity must produce in order to be covered, and whether exceptions exist for entities located far from a facility that accepts food scraps. These differences have a significant impact on the reach of these laws, and therefore on the amount of food waste diverted.