New Jersey Governor Phil Murphy signed the food waste recycling mandate passed by the state legislature on March 5. A2371/S865 requires recycling of food waste by “large food waste generators” (i.e., certain commercial and institutional entities that produce at least 52 tons/year of preconsumer food waste). To protect businesses from excess costs as a result of this requirement, large food waste generators are required to comply with the mandate only:
• If the large food waste generator is located within 25 miles of an authorized food waste recycling facility with sufficient capacity to accept the waste; and
• If the cost of recycling food waste is less than 10% more than the cost of disposing of the waste through traditional means, provided, however, that the large food waste generator would have to petition the New Jersey Department of Environmental Protection for a waiver from the recycling requirement on this ground.
“Unlike the bill Gov. Murphy vetoed last year, the new law does not have any exemptions for waste going to landfills or incinerators,” says Jairo E. Gonzalez, President and Trustee of the New Jersey Composting Council (NJCC). “We believe this is an important first step in taking organics recovery and recycling to the next level in New Jersey. In creating NJCC two years ago, policy and regulation changes including this specific piece of legislation, were among our main objectives. The work, however, has just started and we must ensure proper implementation.”