MassDEP strengthens enforcement of food waste disposal ban with increased inspections

The Massachusetts Department of Environmental Protection (MassDEP) held a meeting on April 10, 2025, to review the Organics Action Plan and discuss the enforcement of the food waste disposal ban. The meeting highlighted key aspects of compliance, inspections, and the ongoing efforts to manage food waste effectively across various sectors.

A significant focus of the discussion was on how the food waste ban applies to different entities. MassDEP clarified that businesses with multiple locations are assessed individually against the half-ton per week threshold for food waste disposal. For instance, a food court operating under a single waste container is treated as one entity, while each location of a chain is evaluated separately. This distinction is crucial for compliance and enforcement.

MassDEP also addressed the challenges of managing packaged food waste, noting that while most packaged food can be diverted, there are instances where waivers are issued for contaminated materials that cannot be processed. The applicability of the ban extends primarily to institutional food services, such as those in colleges and retirement communities, while residential food waste from dormitories and apartments is not subject to the ban.

The meeting provided updates on enforcement actions taken by MassDEP. Since the implementation of the ban, 145 enforcement actions have been issued, primarily in the form of notices of non-compliance for first-time violations. These notices focus on future compliance rather than penalties. However, 14 cases have resulted in consent orders with penalties for repeat offenders. MassDEP has increased its inspection efforts, hiring additional inspectors to enhance compliance monitoring.

In addition to enforcement, MassDEP has been proactive in communicating with businesses that may be subject to the food waste ban. Over 60 companies have received informational letters based on data suggesting they could exceed the disposal threshold. The department is committed to ongoing outreach and education to ensure compliance and support businesses in implementing food waste diversion programs.

Overall, the meeting underscored MassDEP's commitment to improving food waste management in Massachusetts through clear regulations, increased inspections, and proactive communication with businesses. The department aims to foster compliance while minimizing the need for enforcement actions, ultimately contributing to the state's environmental goals.