Commercial Organics Recycling Law

Background Entities Subject to the Law How to Comply with the Law Historic Requirements of the Law Outreach, Notices and Education Overview Frequently Asked Questions

Background

The Commercial Organics Recycling Law (CGS 22a-226e) is intended to reduce waste and promote the development of source-separated organic material (SSOM) diversion and processing infrastructure in Connecticut by requiring large commercial generators to reduce the generation of wasted food through efficiency improvements, donating surplus food or collecting and diverting food waste from the waste stream to composting, anaerobic digestion, or other organics processing facilities. The law is intended to reduce and divert the approximately 233,000 tons of annual food waste currently generated and disposed of by the commercial sector. 

Entities Subject to the Law

“Institution" means any establishment engaged in:

On and after July 1, 2026, Public Act 24-45 requires the following entities to also comply with the law:

1. Public or nonpublic school buildings or educational facilities in which students in grades K-12 are enrolled; and
2. that is located not more than 20 miles from an authorized source-separated organic materials composting facility; and
3. That generate an average projected volume of not less than 26 tons per year of SSOM;

How To Comply with the Law

Entities subject to the law must source separate and ensure recycling, of food scraps/ food waste that is not able to be donated for feeding humans or feeding animals, “at any authorized SSOM composting facility” that has available capacity and can accept food scraps.

There are a number of ways a business can comply with the law. In order to comply with the law, you should be making a good-faith effort to reduce, donate and collect as much of your projected food scraps and food waste as possible. Reducing your food waste to below 26 tons annually, say from 35 tons to 25 tons, is not fully-complying with the law. These can include any combination of the following:

1. Reduce the generation of wasted food through more efficient food service operations.  
2. Donate servable food to shelters, food pantries, and food rescue operations.
3. Use an on-site system to compost or anaerobically digest food scraps.
4. Work with your current hauler or another hauler to send separated food scrap for animal feed.
5. Work with your current hauler or another hauler to send separated food scrap to an anaerobic digestion or composting facility.

NEW: By March 1, 2025, Public Act 23-170 also requires each entity that is subject to the law’s requirements to begin annually submitting electronically to DEEP a summary of its amount of donated edible food, food scraps recycled, and the organics recyclers and associated collectors used. 

Click here to fill out the annual report form for 2024

 

Historic Requirements of the Law

The Commercial Organic Recycling Law passed in 2011, and went into effect January 1, 2014. When first in effect, the law included those in the following sectors: commercial food wholesaler or distributor, industrial food manufacturer or processor, supermarket, resort or conference center that generated an average projected volume of 104 tons (average of 2 tons/week) of SSOM and were located within 20 miles of a permitted source-separated organic material composting facility. The tonnage threshold continued to drop with each legislative update dropping the generation threshold from 104 tons per year to 52 tons per year (average of 1 ton per week) on January 1, 2020 and dropping again to 26 tons per year (average of ½ ton/ week) on January 1, 2022.

In 2024, the law required commercial food wholesalers or distributors, industrial food manufacturers or processors, supermarkets, resorts or conference centers located within 20 miles of a permitted source-separated organic material composting facility and generating an average projected volume of at least 26 tons per year of source-separated organic materials (SSOM) to: (1) separate the SSOM from other solid waste; and (2) recycle the material at a permitted SSOM composting facility that has available capacity and is willing to accept them.

 

Outreach, Notices and Education Overview

Presentations by DEEP:

• Connecticut Commercial Organics Recycling Law, August 2024
• Solid Waste Advisory Committee meeting, January 2023
• Solid Waste Advisory Committee meeting, November 2022
• Solid Waste Advisory Committee meeting, January 2022
  
  Direct Communication from DEEP:

• Letter to businesses, June 2024
• Letter to businesses, August 2022
• Business Recycling Assistance Newsletters (CET)

If you have questions, please contact Chelsey Hahn at Chelsey.Hahn@ct.gov or 860-424-3239. More resources about organics recycling, including a timeline history, can be found on our Composting and Organics Recycling webpage.

 

FAQ - Frequently Asked Questions

What is the definition of "source separated organic material?"

The statutory definition of “Source-Separated Organic Material” means organic material, including, but not limited to, food scraps, food processing residue and soiled or unrecyclable paper that has been separated at the point or source of generation from nonorganic material."  The acronym commonly used for this is SSOM, or SSO (Source Separated Organics).

How do I determine if the business or facility I represent is projected to generate 26 tons/year of SSOM?

There are many ways to estimate annual source-separated organic material rates

1. Complete a waste assessment or waste audit. This entails separating food scraps at each place it is generated and measuring it over a given length of time, for example, a week. This number can then be extrapolated for the entire year. If you have a seasonal business, you might want to perform a few audits over the course of the year based on your busy seasons.
2. The Environmental Protection Agency (EPA) has mapped generators potentially subject to the law in an Excess Food Opportunities Map. Connecticut-specific data is available in the form of Excel spreadsheets for various sectors.
3. The Center for Ecotechnology also has a Toolbox which includes a Food Waste Estimator Tool for various industry sectors.
4. Reducing wasted food and separating inedible/ non-compostable food waste and scraps from other trash may save on waste hauling/ processing costs, these are impactful efforts to make even if you don’t fully meet the other requirements of the law.

Where are the permitted food scrap recycling facilities located?

You can find a list of permitted food scrap recycling facilities in Connecticut on DEEP's website.  For those businesses close to state borders, New York, Rhode Island, and Massachusetts, also have similar lists on their websites.

Will I be fined for not complying with the law?

There are no monetary fines (civil penalties) specifically connected with the law. However, DEEP may pursue enforcement, pursuant to its Enforcement Response Policy, against a non-compliant company that is making no good-faith effort to meet the requirements of the law.  It is far better for the environment, and likely more economically feasible for the company, to recycle food scraps than to dispose of them.

Does donating edible food, or sending food residuals to animal feed manufacturers and animal farms for feed count toward compliance with the law?

Yes.  The goal is to divert materials from disposal.  Food recovery for human consumption and feeding animals are higher on the state and federal waste management hierarchies than other uses.  If you send all of your food residuals to donation/animal feed, you are in compliance with the law.  However, if you only send a portion of your residuals to donation/animal feed, and you generate more than 26 tons per year (including the portion that is donated), then the rest of your residuals need to be recycled as well in order for you to be in compliance.  Please see our Food Waste Reduction & Recovery webpage and Food to Animal Feed resources for more information.

If I use on-site equipment that liquefies my food scrap and sends it down the drain to the sewer, is this in compliance with the law?

No.  But if you collect, transport or otherwise divert that liquefied/slurried food to a permitted food residual recycling facility, then you would be in compliance with the law.  Sending concentrated waste down the drain could result in clogging or backup of the sanitary sewer line and may be prohibited by local ordinance or require a local or state permit.

If I use on-site equipment that dehydrates my food scraps, is this in compliance with the law?

The material that exits the dehydrator is still considered to be solid waste. Only if the dehydrated material is then further composted or anaerobically digested would this be in compliance with the law. Additionally, the business's SSOM generation rate would be determined before dehydration, not after, because the law bases the quantity threshold on generation rate, not disposal rate.

If I use on-site equipment that creates energy from food scraps through the use of anaerobic digestion, is this in compliance with the law?

Yes, but only if the resulting digestate is further composted and reused.

Are biodegradable products (e.g., compostable plates and cups) included in the definition of source separated organic material (SSOM)?

No, these materials would not be included in the definition of SSOM. However, depending on where a business is sending its SSOM, it may be possible to include these materials as part of the food waste collection. A business should always check with its hauler and/or compost facility to determine whether these materials can be accepted at the destination facility.

Does the law apply to dining services on a university campus?

Beginning January 1, 2025, universities are subject to the Commercial Organics Recycling Law.

Are K-12, private, and boarding schools subject to the law?

Beginning July 1, 2026, some schools will be required to comply with the law. Public Act 24-45, Sec 5, requires every k-12 public or non-public school building or educational facility to collect SSOM for composting if it generates twenty-six tons per year and is located within 20 miles of an authorized SSOM composting facility.

If my public, private or boarding school is in CT, and 20 miles from a food scrap recycler in a neighboring state, am I compelled to recycle my food scrap there (or anywhere else)?

Yes. The law does not specify that the facility from which you are 20 miles away needs to be in Connecticut.  Since there is a nearby recycling option available to you, you need to recycle your food waste, whether it is at a facility within Connecticut or in another state.

Is a one-time event such as a fair subject to the law?

No. Events are not subject to the law at this time.  However, it may be beneficial to explore recycling options for event-generated food scrap.

Are big-box retail stores that have grocery stores within them (such as Target, Walmart, BJ's, etc.) compelled by the law to recycle food scraps?

Yes, they would be considered supermarkets and would have to recycle food scraps if they fit the 26 ton per year criteria. 

Will my company be notified of new recycling facilities as they come on-line?

No. It is the responsibility of the generator of source separated organic material to ascertain this. CT DEEP will keep the on-line list of permitted food residual recycling facilities updated, and it is suggested that this web page be checked monthly for new additions.

My business is part of a chain with multiple locations. How does the 26 ton per year threshold in the law apply to me?

Application of the 26 ton per year threshold would be based on the amount generated per
location rather than for the entire chain. For example, if a single location generates 26 tons per year or more of SSOM, that location would be subject to the ban.  If a single location generates less than 26 tons per year of SSOM, that location would not be subject to the ban, even if all locations combined generate one ton per week or more. However, if you are a medium to large size chain with individual locations that each fall under the threshold, it may still be worthwhile to consider diverting organics to realize potential savings in your disposal costs. In addition, a chain may have a centralized food preparation or processing location that prepares food for delivery to retail locations.  Such location would be subject to the law if it generates of 26 tons or more per year.

My business generates source separated organics, but only seasonally. How does the 26 threshold in the law apply to my facility?

The threshold is based on an annual generation rate. If a business generates more than 26 tons of commercial organic material per year, even if it is only generated during part of the year, it would be subject to the law.

I am a building or shopping mall owner with multiple businesses within a central facility. Some of those businesses are of the type covered by the law. How does the 26 ton per year threshold apply to my facility?

If the property owner or manager contracts for disposal for the entire property, where waste
is combined, and 26 tons per year or more of source separated organic material (SSOM) is generated in total, the entire facility would be subject to the law. If the businesses at the building or mall manage their waste independently, the threshold would be based on how much SSOM is generated by each individual business. If an individual business generates more than 26 tons per year or more of SSOM, then that specific business would be subject to the law.

If my company has a food donation program, is that quantity of food we donate included in the 26 tons/year generation threshold?

Yes. The intent of donation, composting, and anaerobic digestion is the same – keeping it out of the disposal stream and getting it reused/recycled. The generation rate would be determined before donation, not after, because the law bases the quantity threshold on generation rate, not disposal rate.  If it wasn't donated, it would end up in the trash.  For example, just because a generator donates 20% of the food residuals they generate, that doesn’t relieve them of having to get the other 80% recycled.

Are there any financial aid programs to build anaerobic digestion facilities?

The Clean Energy Finance and Investment Authority (CEFIA), also known as the CT Green Bank, offers incentives and innovative low-cost financing to encourage homeowners, companies, municipalities, and other institutions to support renewable energy and energy efficiency.  Through Energize CT, funding mechanisms are available for pilot anaerobic digestion projects.

Where can I find more information about organics recycling in Connecticut?

Visit the DEEP's Composting & Organics Recycling webpage at www.ct.gov/deep/composting.

 

Content Last Updated January 2025