N.Y. Environmental Conservation Law § 27-2201: Definitions

§ 27-2201. Definitions.

1. "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-six, an annual average of one ton per

week or more of food scraps between January first, two thousand

twenty-seven and December thirty-first, two thousand twenty-eight, and

an annual average of one-half ton per week or more of food scraps

beginning January first, two thousand twenty-nine 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.