A 2023 Bill will ban producers of more than one ton of food waste a week from depositing it in landfills and incentivize producers to diversify their waste processing strategies. The Bill aims to reduce greenhouse gases production, which occurs when organic matter is deposited in landfills, by requiring producers to divert their waste to food banks, compositing facilities, and other sustainable options.

As Michael Nork from the New Hampshire DEP put it, the goal of the legislation is to “creat[e] an incentive for businesses and industry to develop in New Hampshire that are able to manage excess food. So it’s more about changing the marketplace than it is about kind of punishing those that are not complying.”

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New Hampshire expects next year’s food waste ban to increase diversion to facility market

By Sruthi Gopalakrishnan

Monitor staff

If you generate one ton or more of food waste per week in New Hampshire, starting in February you will no longer be allowed to dump it in landfills or incinerators. This change isn’t likely to affect households, but it will have a significant impact on large food producers and users like supermarkets, hospitals and universities.

Enacted through House Bill 300 in 2023, this regulation by the New Hampshire Legislature aims to redirect food waste from landfills to reduce the emission of greenhouse gases like methane, which are produced when organic matter decomposes in landfills.

This includes everything from packs of moldy bread and spoiled milk to crates of rotten tomatoes and leftovers from events.

Instead, businesses and individuals must turn to alternative solutions such as food banks, composting facilities and other eco-friendly options.

Michael Nork, supervisor of materials management, education and planning from the Department of Environmental Services, said the primary intent of the food waste ban is not enforcement but to encourage local management of food waste.

He said the legislation is not meant to be punitive.

“It’s really creating an incentive for businesses and industry to develop in New Hampshire that are able to manage excess food,” explained Nork. “So it’s more about changing the marketplace than it is about kind of punishing those that are not complying.”

New Hampshire faces a significant challenge in managing food waste, as there are few centers for diversion or recycling, and even the state’s anaerobic digesters are not equipped to handle food waste.

Anaerobic digesters break down organic matter, such as food waste, without oxygen. This process produces biogas, which can be used to generate heat and electricity, similar to natural gas. Additionally, the process yields digestate, which can be used as fertilizer, compost, and even animal bedding.

According to the law that goes into effect on Feb. 1, any facility or person generating one ton of food waste or more per week must not dispose of such waste in a landfill or incinerator if an alternative facility authorized to manage food waste is located within 20 miles of the point of generation.

This could mean reducing waste at the source, donating to local food pantries or food banks, using it as animal feed or opting for methods

like composting or anaerobic digestion. The last method in the order of preference is energy recovery not involving combustion.

If no food waste management facilities are within a 20-mile radius, they are allowed to dump the waste in landfills.

This law primarily affects commercial facilities such as food wholesalers, distributors, supermarkets, industrial food manufacturers, processors, restaurants and food service establishments. Institutional facilities like schools, universities, hospitals, correctional facilities and event venues could also be impacted.

In 2023, the New Hampshire Department of Environmental Services (DES) reported that 171,785 tons of food waste from residents, businesses and institutions ended up in landfills. This figure, which assumes that 24% of municipal waste is food waste, aligns with the EPA’s nationwide data on food waste generation.

The ideal outcome, according to Nork, is a transformed marketplace where “businesses can make the decision to start diverting food waste because it’s cheaper than sending it to a landfill.”

Massachusetts, Vermont, Rhode Island and Connecticut have similar food waste ban laws.

This year, both chambers of the Maine legislature passed a food waste ban law, paving the way for the state to join the rest of the New England states.

Preventing food waste from being dumped in landfills not only helps combat climate change but also incentivizes people to redirect excess food to pantries, aiding the food insecure and boosting the economy.

“I think this is going to have a huge impact on New Hampshire, a very positive impact,” said Peter Blair, policy advocate for Just Zero, referencing trends in other states. “They’ve seen a drastic reduction in the amount of food waste sent to landfills, and they’ve seen some good job creation, too, which is always a positive.”

The state is currently hiring a full-time staff member to roll out the program, beginning with educational initiatives. Nork noted that education should have started 10 months ago but was delayed due to bureaucratic reasons.

When asked about ensuring compliance, Nork admitted that the agency wouldn’t have a clear strategy until the program was fully operational. He pointed out that in New Hampshire’s solid waste management sector,  the number of facilities exceeds the number of inspectors.

“I don’t expect that we’re going to be seeking to verify every single  moderator on some sort of periodic basis,” said Nork. “If we could come  to voluntary compliance, that would be always preferable.”