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A dumpster filled with food waste. Food disposal ban.

What’s New With the Commercial Food Disposal Ban in MA?

The commercial food disposal ban here in Massachusetts isn’t new, but a lot of Massachusetts businesses that weren’t affected by it before are now navigating the ban for the first time. Complying with its disposal requirements might create some new recycling challenges for those organizations.  

MassDEP expanded its waste disposal bans in November 2022, as promised by the “2030 Solid Waste Master Plan” that was issued in 2021. The master plan’s overall goal is to reduce waste disposal in Massachusetts by 30 percent over the next decade. The target is to cut the amount of waste that’s landfilled and incinerated each year from the 2018 rate of 5.7 million tons to 4 million tons by 2030.

One of the big changes that took effect in late 2022 is a lower threshold of eligibility for MassDEP’s organic waste ban, also known as the food disposal ban. In other words? Twice as many commercial entities are subject to its restrictions now. Here’s what Massachusetts businesses need to know about managing organic and food waste in compliance with the ban. 

What Does the Massachusetts Food Disposal Ban Require?

The goal of the food disposal ban is to divert food waste away from landfills. Any Massachusetts entity that surpasses a specific food waste threshold is banned from disposing of that waste with other garbage. Instead, those entities are required to compost, convert, recycle or donate organic waste. 

Who Does the Massachusetts Food Disposal Ban Affect Now?

The commercial food disposal ban here in Massachusetts first became effective in 2014. At that time, it applied to businesses and institutions that generated 1 ton or more of food waste per week. Mostly these entities would be large grocery stores, restaurants, college cafeterias, hospitals/nursing homes and other businesses that might generate a lot of food waste on any given day.   

On November 1st, the threshold that obligates entities to comply with the food disposal ban was cut in half. Now any Massachusetts entity that generates at least 0.5 ton of organic waste per week is subject to the food disposal ban. According to state estimates, the number of businesses affected by the ban doubled from 2,000 to 4,000 when the threshold changed. 

Only the threshold that determines who’s subject to the ban has changed. The requirements of the ban remain the same as when it was first enacted in 2014.

How is the Food Disposal Ban Enforced?

Up to this point, it seems that the ban hasn’t been very strongly enforced. (In the first five years of the ban, MassDEP apparently issued just 49 citations for noncompliance.) It’s also unclear what kinds of penalties a business might have to pay if cited for noncompliance. But it’s possible that we’ll see more enforcement of the ban now that a larger group of entities are affected. 

Even if enforcement isn’t a top concern for your business, diverting food waste from landfills is a worthwhile business practice both for environmental and public perception reasons. Making a commitment to recycle all your reusable waste can be a good PR move; you can even share updates about how your business is complying with the ban on your social media channels. 

What if Your Food Waste Fluctuates?

If a business generates food waste on a fluctuating basis, the ban applies for any week in which it surpasses the threshold. For example, say a small cafe doubles its business during a busy tourist season and commonly has more than 0.5 ton of food waste during those busy weeks. Legally, the cafe is allowed to throw food waste in a Dumpster during the quiet weeks as long as the business diverts its food waste during those busy weeks.

How Does a Business Measure Food Waste? 

Major grocery stores and high-volume restaurants might generate far more than 1 ton of food waste per week, so it’s clear that these entities are subject to the food disposal ban. But what if you run a smaller operation that prepares and sells food, like a cafe or convenience store? You might know that you throw away a lot of expired and/or uneaten food, but have no idea whether it exceeds the half-ton threshold. 

RecyclingWorks Massachusetts provides some food waste estimation models to help different types of entities assess how much food waste they throw away in the average week. For example, its calculations estimate a grocery store that has enough food waste to fill an 8-cubic yard Dumpster once per week is generating 0.5 ton of waste, and thus would be subject to the ban. 

What Should Affected Businesses Do with Food Waste?

Because the food disposal ban has been in place for nearly a decade, Massachusetts does have some infrastructure in place to help businesses manage organic waste. Composting facilities and anaerobic digestion facilities, which can turn food waste into energy, are both viable options for this waste. 

Speak to your recycling service and/or waste management provider for more help. In addition to helping you identify avenues for managing organic waste, the vendor that provides your recycling equipment may also need to bring in new containers to make sure you’re collecting that waste separately from recyclables and trash.

What Else is New with MassDEP’s Waste Disposal Bans?

The other recent and significant update around Massachusetts waste disposal bans involves mattress and textile disposal. Effective November 1, 2022, both mattresses and textiles like clothing and bedding may no longer be thrown away with other trash that’s bound for landfills or incinerators. The ban applies to both consumers and individuals. 

Luckily for anyone stuck with bulky old mattresses, an increasing number of Massachusetts recyclers are accepting mattresses for processing. The components are separated and then recycled individually. Recyclers can also shred textiles and sell the shreds to textile manufacturers to create new materials. 

Miller Recycling works with businesses of all sizes and across many industries to meet their specific recycling needs. For businesses that want help complying with the Massachusetts food disposal ban—or just want help to responsibly manage smaller amounts of food waste, textiles and other recyclables—we’re here to provide answers and guidance. Contact me today!