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This entry was published on 2021-02-19
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SECTION 27-2201
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 27, TITLE 22
§ 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 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

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

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