Vetoed by Governor Phil Murphy

Vote Smart's Synopsis:

Vote to pass a bill that requires food waste be separated from other garbage and recycled.

Highlights:

• Requires each large food waste generator that is located within 25 miles of an authorized food waste recycling facility and that individual generates an average projected volume of 52 or more tons per year of food waste at each individual establishment or location owned, or operated by the large food waste generator within 25 road miles of an authorized food waste recycling facility to (Sec. 2):

• Source separate its food waste from other solid waste; and 

• Send the source separated food waste to an authorized food waste recycling facility that has available capacity and will accept it. 

• Defines “food waste” as food processing vegetative waste, food processing residue generated from processing and packaging operations, overripe produce, trimmings from food, good product overruns from food processing, and used cooking fats, oil, and grease, but must not include food donated by the generator for human consumption, any waste generated by a consumer after the generator issues or sells food to the consumer (Sec. 1).

• Specifies that any person found in violation of this act is subject to a civil penalty of $250 for the first offense, $500 for the second offense, and $1,000 for the third and each subsequent offense (Sec. 2).

• Establishes a 12-member Food Waste Recycling Market Development Council within the Department of Environmental Protection (Sec. 4).

• Amends the definition for “class I renewable energy” to include methane gas from a biomass facility, provided that the biomass is cultivated and harvested in a sustainable manner, or methane gas from a composting or anaerobic or aerobic digestion facility that converts food waste or other organic waste to energy (Sec. 6).

Full Bill Text