Section 27-2201 - Definitions1. "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 between January first, two thousand twenty-three and December thirty-first, two thousand twenty-five, an annual average of one ton per week or more of food scraps between January first, two thousand twenty-six and December thirty-first, two thousand twenty-seven, and an annual average of one-half ton per week or more of food scraps beginning January first, two thousand twenty-eight and thereafter 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.N.Y. Envtl. Conserv. Law § 27-2201
Amended by New York Laws 2024, ch. 552,Sec. 1, eff. 12/12/2024.Amended by New York Laws 2021, ch. 63,Sec. 3, eff. 12/23/2020.Added by New York Laws 2019, ch. 58,Sec. SS-2, eff. 4/12/2019.