In the United States, food waste is estimated at between 30-40% of the food supply, representing the single largest category of material placed in municipal landfills.
For this reason, an increasing number of sustainability initiatives are focusing on food waste, as it’s a growing crisis that contributes to numerous environmental concerns. To support these efforts, state-level food waste bans are being implemented to reduce landfill waste and encourage composting.
While these bans seem like a step in the right direction, there’s one major issue: New research suggests they may not be as effective as intended.
To improve the success of these programs and achieve sustainability goals, companies, communities, and governments should all understand why many food waste bans are failing.
Key Takeaways
- A new study evaluating the effectiveness of bans on commercial waste producers in five U.S. states found that states with bans showed almost no change in organic waste disposal into landfills compared to states without bans.
- Massachusetts was the only exception, achieving a 13.2% reduction and earning recognition as a nationwide leader in food waste reduction.
- Businesses face various challenges with food waste bans, including compliance costs, infrastructure gaps, regulatory confusion, and a lack of incentives.
- To enhance food waste reduction, states should tailor bans to their needs, which may involve providing tax incentives for food donations, expanding composting facilities, and strengthening laws to improve enforcement and sustainability.
What Are Food Waste Bans?
Food waste bans are regulations that restrict the amount of organic waste that can be disposed of in landfills. Since state food waste laws vary by location, companies and communities may face different waste limits and compliance requirements. That said, many food waste bans include composting mandates, food recovery requirements, and fines for non-compliance.
When properly enforced, food waste bans can increase landfill diversion, supporting both statewide and nationwide sustainability efforts. Companies that are required to comply, or just want to reduce their environmental footprint, can calculate their waste diversion rate to better understand if their efforts are successful.
State Food Waste Bans
There are various state food waste bans that are currently in effect, including:
1. California
SB 1383 is a statewide effort to reduce emissions of short-lived climate pollutants in various sectors of California’s economy. Under this law, every jurisdiction is required to provide organics waste collection services to all residents and businesses.
In addition, California bans confusing food date labels to reduce waste. This law—Assembly Bill No. 660—prohibits the use of consumer-facing sell-by dates and requires standardized language for date labels in California, making it a valuable strategy in addressing the food waste crisis.
2. Connecticut
Food waste laws in Connecticut require that any commercial food wholesaler or distributor, industrial food manufacturer or processor, supermarket, resort, or conference center that produces at least 26 tons a year of organic waste is required to separate its organic waste and ensure proper recycling at an authorized composting facility.
3. Maryland
Maryland’s House Bill 264 requires certain large food waste generators, such as supermarkets, hotels, and schools, to separate and divert food residuals from disposal through donation, composting, or other recycling methods. The law applies to entities generating at least 1 ton of food waste per week if they are within 30 miles of an organics recycling facility with the capacity to accept it.
4. Massachusetts
The Massachusetts food waste ban prohibits businesses and institutions that generate a certain amount of waste per week from disposing of food and other organic materials. When this law was first passed, it required participation from businesses and institutions generating one ton or more of these materials per week. However, to support recycling efforts, the threshold has since been lowered to include facilities generating more than one-half ton of these materials per week.
5. New Hampshire
The food waste recycling law in New Hampshire became effective on February 1, 2025. This law prohibits those who generate more than one ton of food waste per week from disposing of that waste in a landfill if there’s an alternative facility with capacity and authorization to manage food waste within 20 miles. Diversion efforts are prioritized in the following order: consumption by humans, consumption by animals, composting, digestion or land application, and energy recovery.
6. New Jersey
To address food waste in New Jersey, the Food Waste Recycling and Food Waste-to-Energy Production Law was passed. This law applies to large food waste generators that produce an average of 52 tons or more of food waste per year and are located within 25 miles of an authorized food waste recycling facility, requiring them to source separate and recycle their food waste.
7. New York
The Food Donation and Food Scraps Recycling Law was established to address the issue of food waste in New York. This law requires businesses and institutions that generate an annual average of two tons of wasted food per week or more to donate excess edible food and recycle all remaining food scraps if they are within 25 miles of a recycler for organics.
Establishments in New York City are not required to participate, though, as they follow their own local laws. Under Local Law 146 of 2013, NYC businesses that meet certain criteria must separate their organic waste, with various solutions available for managing their food waste.
8. Rhode Island
According to food waste laws in Rhode Island, establishments that meet certain criteria and are located within 15 miles of a composting or anaerobic digestion facility must recycle organic waste through an authorized composting, anaerobic digestion, or other approved recycling method instead of landfilling or incineration. This includes:
- Higher education and research institutions generating over 52 tons of organic waste a year.
- All other educational entities generating over 30 tons of organic waste a year.
- All other covered entities generating over 104 tons of organic waste a year.
9. Vermont
The Vermont Universal Recycling Law bans the disposal of food scraps in trash or landfills. While residents, businesses and institutions, and commercial haulers each have different requirements, the overall goal of this law is to provide convenience and choices to Vermont residents and businesses, leading to more consistent statewide solid waste services such as recycling and composting.
Are Food Waste Bans Actually Working?
As discussed above, a number of organics bans are currently in effect. However, the big question is: are they successful?
A new study evaluated the effectiveness of bans that applied to commercial waste producers in five U.S. states, giving us valuable insights into the outcome of various statewide food waste bans.
Unfortunately, the states with bans showed almost no change in organic waste disposal into landfills compared with controls derived from states without bans. Robert Evan Sanders, an assistant professor of marketing at the Rady School of Management at the University of California San Diego and coauthor of the paper, states, “We can confidently say the laws didn’t work. They didn’t achieve their intended goals.”
The only exception was the state of Massachusetts, which achieved a 13.2% reduction. Due to its success, Massachusetts is considered a nationwide leader in food waste reduction.
Since food waste by state varies in amount and cause, there may be multiple underlying reasons why these programs didn’t work.
Why Did So Many Bans Fail?
To successfully reduce the environmental impact of waste, we must understand why many state food waste bans are failing.
That said, businesses and communities commonly face challenges such as:
- Compliance Costs: Making company-wide changes can be expensive, with costs related to new infrastructure, internal processes, and employee training presenting common challenges for businesses. While implementing alternative disposal methods such as composting or food donation programs can lead to long-term cost savings, some businesses need financial support to implement them successfully.
- Infrastructure Gaps: Some cities have more advanced waste management infrastructure than others, which directly affects the success of food waste bans. For instance, if composting and organic waste processing facilities in a city are limited or too far away to be practical, companies may struggle to comply with new laws.
- Regulatory Confusion: Changing laws and a lack of education regarding food waste can make the management of food waste even more confusing for companies. This can lead to inconsistent compliance, affecting both small and large organizations.
- Lack of Incentives: Some bans focus on restrictions rather than encouraging proactive waste reduction. And while there are many long-term benefits of landfill diversion, businesses may require additional incentives to adopt sustainable practices.
Fiorentia Anglou comments on this, stating, “With food waste around the globe contributing 8 to 10% of greenhouse gas emissions, we certainly don’t think states should abandon these laws, but more action needs to be taken to make them effective.”
What Makes the Massachusetts Ban Successful
Massachusetts’ ban led to a 25.7% decrease in greenhouse gas emissions per ton of disposal after the state’s commercial food waste ban was put in place. The ban has also caused more than 380,000 tons of food waste to be diverted and repurposed each year, resulting in more than 3,300 tons of avoided methane emissions annually.
So, what makes their food waste ban so successful?
There are three key factors that contribute to its success:
- Infrastructure: Massachusetts has an extensive food waste composting network. To manage municipal food waste, RecyclingWorks MA provides technical assistance to compost operators, as well as assistance to businesses, institutions, and schools to plan and implement food waste diversion programs.
- Simplicity: While navigating food waste bans can be complex and confusing, Massachusetts aims to simplify compliance with straightforward laws. This helps businesses adopt waste diversion practices without needing extensive legal interpretation.
- Enforcement: MassDEP’s inspection efforts are also a major factor in the program’s success. The agency has inspected more than 45,000 loads of trash since 2014 and has taken more than 140 enforcement actions against violators.
How to Improve the Situation?
While Massachusetts’ food waste ban sets a great example for other state initiatives, it’s important to note that there’s no one-size-fits-all solution to food waste reduction. Ultimately, the goal is to adapt bans to address limitations and meet the unique needs of each state.
With that in mind, here are some general tips that states can consider while evaluating their food waste policies:
- Tax incentives: Tax incentives, such as food waste tax deductions, can support businesses implementing food donation initiatives. In addition to incentivizing companies, this helps address financial concerns associated with implementing new programs, making it easier for businesses to stay compliant with local regulations.
- Expanding local composting facilities: All companies and communities should have access to waste management facilities to ensure food waste is properly processed and diverted. The RNG facility in Indiana and the Linden anaerobic digester in New Jersey are great examples of how states can create more accessible waste management solutions that drive long-term sustainability.
- Stricter laws: In addition to ensuring existing laws are enforced, each state should evaluate the success of its programs to address limitations and ensure success. The laws changing in New York demonstrate this; recently, New York expanded its food donation and food scraps recycling program by scaling down the annual average tonnage requirement every two years until 2028. This will help them further reduce food insecurity and address environmental concerns.
The Bottom Line
While food waste bans vary by state, with different requirements and long-term goals, they all have one thing in common: they aim to increase landfill diversion and promote sustainability.
However, to improve the effectiveness of these bans, states should consider infrastructure requirements and simplify regulations to make compliance easier for businesses.
If your company is interested in reducing its environmental footprint and staying compliant with local regulations, we recommend partnering with an experienced waste management company. At Shapiro, we offer a range of food waste management solutions to help you achieve your sustainability goals.
Contact us today to learn more about our services.
Baily Ramsey, an accomplished marketing specialist, brings a unique blend of anthropological insight and marketing finesse to the digital landscape. Specializing in educational content creation, she creates content for various industries, with a particular interest in environmental initiatives.
