Legislation

Organic Waste Diversion and Compostable Materials Laws and Regulations

This page is intended to provide quick and easy access to state and municipal laws and regulations regarding organics diversion and compostable materials.

It is important to understand organics diversion policy and how it can impact your business or organization. This information is not intended to be all-inclusive, nor is it intended to provide legal advice and/or safe harbor. It is recommended that you check with your local government to ensure you’re in full compliance with all recycling laws and regulations.

Learn more about zero-waste and organics diversion here.

We have detailed state, municipal, and regional policy documents available. Contact us to learn more!

California

State:

  • SB 1046 (2022) – Requires all pre-checkout bags to be reusable, recyclable (paper), or compostable. Learn more.
  • SB 1335 (2021) – Requires food service packaging sold in facilities to be reusable, recyclable, or certified compostable. Learn more.
  • SB 1383 (2016) – Comprehensive organic waste recovery infrastructure. Learn more.
  • SB 54 / AB 1080 (2019) – Plastic pollution reduction act. Learn more.
  • § 42649.81-82 (2014) – Organic recycling mandate. Learn more.
  • SB 1383 (2016) – Methane emissions reduction act.  Learn more.
  • AB 341 (2011) – Statewide zero-waste mandate for 2020. Learn more.
  • AB 2449 (2006) – Statewide single-use plastic bag ban. Learn more.
  • AB 1972 (2008) – “Biodegradable” plastics must be certified compostable by ASTM (or similar) for yard debris collection. Learn more.

City of San Francisco

  • Checkout Bag Ordinance – Requires that pre-checkout bags must be recyclable or compostable. Learn more.
  • §§ 1901–1912; Ordinance 100-09 (2006) – Mandatory recycling and composting. Learn more.

Colorado

State:

  • SB23-253 (2023) – Prohibits producers from representing their products as compostable if they haven’t received third-party certifications. Learn more.

City of Boulder:

  • Code 6-3-13 to 6-3-18; ordinance 8045 (2015) – Organic waste recycling law. Learn more.

Connecticut

State:

  • SB 584 (2019) – Requires produce bags offered to consumers be certified by the BPI. Learn more.
  • § 22a-226e; Act 11-217, Act 13-285 (2014) – Mandatory organics recycling. Learn more.

Hawaii

Honolulu:

  • 19-30 (Sec. 41-27.2) – Requires produce bags offered to consumers be certified by the BPI. Learn more.

Maryland

State:

  • HB 264 (2021) – Solid waste management plan. Learn more.
  • HB 171/SB 99 (2019) – Organic material study requirement. Learn more.
  • §9-2102 (2018) – Requires that plastic products meet ASTM standards to be labeled as compostable. Learn more.
  • HB 1349 (2017) – Requirements for the labeling of compostable products. Learn more.

Massachusetts

State:

  • 310 CMR 19.000 (2014) – Organic material waste ban. Learn more.

Minnesota

State:

  • MN §115A.151 (2017) – Expands the definition of recycling to include organics collection. Learn more.
  • HF 430 (2010) – Compostable bag mandate. Learn more.
  • HF 2564 (2014) – Statewide solid waste source reduction goal established. Learn more.

Hennepin County:

  • Ordinance 13 (2020) – Commercial organic waste recycling ordinance. Learn more.

City of Saint Paul:

  • Ordinance 17-29, chapter 236 (2019) – Environmental preservation ordinance related to plastic packaging. Learn more.

City of Saint Louis Park:

  • Zero-waste packaging; Section 12-201 – 12-210 – Zero-waste packaging ordinance. Learn more.

New Hampshire

State:

  • RSA 149-M:27, V (2025) – Requires large generators of food waste to be prohibited from disposing their excess food in a landfill or incinerator, provided there is an alternative management facility within 20 miles. Learn more.

New Jersey

State:

  • A3726 Food Waste Recycling (2020) – Requires large generators of food waste to source separate food waste from all other solid waste, if located within 25 miles of an authorized food waste recycling facility. Learn more.

New York

State:

  • § 8374 (2022) – Requires that a city with a population of one million or more shall establish a residential composting program for all buildings with residential units. Learn more.
  • § 27-2201 (2019) – All food waste generators must separate their excess edible food for donation and, if within 25
    miles of a compost facility, must separate organics and inedible food scraps from all other waste. Learn more.
  • Title 22, § 27-2203 to 27-2219 (2022) – Food donation and recycling requirements. Learn more.

New York City:

  • The NYC Bin Program (2024) – This ordinance requires property managers to set out trash in bins with secure lids, and this applies to all five boroughs for properties that have 1-9 residential units. Learn more.
  • Compost Pickup Initiative (2023) – Requires New York City residents to separate organic waste from other waste for curbside collection. Learn more.
  • Local Law 146 of 2013 – Commercial organic waste ban. Learn more.
  • Local Law 77 of 2013 – Curbside Collection program. Learn more.

Oregon

Portland

  • Food Scrap Separation for Businesses – Starting in 2020, businesses will be required to separate food scraps from other garbage. The plan is focused on ‘back of house’ operations. Learn More.

Rhode Island

State:

  • § 23-18.9-17 (2019) – Refuse disposal and food waste ban. Learn more.

Texas

City of Austin:

  • § 15-6-91; Ordinance 20140612-010 (2018) – Universal recycling ordinance (including organics). Learn more.
  • Resolution 20050519-044 – Mandates a 20% reduction in solid waste sent to landfills and incinerators by 2012 and zero-waste to landfills by 2040. Learn more.

Vermont

State:

  • S. 160 (2019) – Commercial haulers must offer separate collection of food scraps to non-residential customers and apartment buildings. Learn more.
  • S. 113 (2019) – Retailers and food establishments are prohibited from providing customers with single-use plastic items. Learn more.
  • Act 148 (2012) – Universal recycling law. Learn more.
  • S.285, Act 208 – Food waste disposal ban. Learn more.

Washington

State:

  • HB 2301 – Finalizes the adoption of bill HB 1799 (2023) aimed at diverting commercial, institutional, and residential food waste from landfill disposal. Learn more.
  • HB 1799 (2023) – Determines which cities and counties will be provided with solid waste plans. Learn more.
  • Plastic Product Degradability Law (2022) – Sets the standards of marketing claims about compostable products sold, offered, and distributed in Washington. Learn more.
  • Single-use Plastic Bag Ban in WA (2021) – This policy bans the use of single-use plastic carryout bags and includes fees for paper and reusable plastic bags. Learn more.
  • Compostable Products Labeling Law (2019 c 265 § 1. (2020)) – Restricts the use of “compostability” and “biodegradability” claims for plastic products, including food service ware, that do not meet uniform standards identified by the state. Learn more.
  • HB 1569 (2019) – Requirements for the labeling and marketing of compostable food service packaging. Learn more.

City of Seattle:

  • SMC 21.36.082 and 21.36.083 (2014) – Food waste ban in City of Seattle. Learn more.
  • SMC 21.36.086 (2010) – Requires the use of compostable or recyclable food service ware. Learn more.
  • Single-use Plastic Bag Ban (2021) – Washington has also enacted a plastic bag ban on single-use plastic carryout bags. This includes fees for paper and reusable plastic bags, and an optional fee for certified compostable bags. This legislation took effect in October 2021.

Learn more about Food Waste Policy

Use ReFed – U.S. Food Waste Policy Finder to learn more about food waste and organics diversion policy, how it impacts businesses and consumers, and what you can do to make a difference.

Visit the US Composting Council (USCC), to learn about legislation pertinent to each state, regulatory agencies, and more.

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