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Agency reports small on‑farm composting sector under Act 41, few complaints and no violations found
Summary
Agency of Agriculture staff told a legislative committee that about eight farms met Act 41’s on‑farm composting definition, most complaints have been odor‑related and resolved in the field, and the agency is pursuing rulemaking (likely under RAPs/RIPs) while watching recent court and legislative developments.
At a legislative committee briefing, Agency of Agriculture staff summarized implementation of Act 41, the 2021 law that amended state definitions to allow limited on‑farm importation of food residuals for composting. Agency agricultural program manager Zach Shikowsky said the statute permits the importation of less than 2,000 cubic yards of food residuals or food processing residuals for compost production when the compost is principally produced or used on site or when the farm is a small poultry operation. "I oversee the Agricultural Residual Management Program," Shikowsky said during the presentation.
The agency worked with the Department of Environmental Conservation to identify sites that previously had been regulated under solid waste rules and performed site visits and investigations. Deputy Director Dave Huber said the agency issued letters of determination to operators who met the Act 41 definition rather than waiting for operators to request a determination. "We went ahead and issued them after doing site visits and investigations," Huber said.
Agency staff reported they identified about eight farms from DEC’s list that met the Act 41 criteria; the annual report contains those eight and several additional sites the agency learned of, and it tabulates annual volumes of food scraps imported back to 2022. Shikowsky summarized the statutory thresholds: imports under 2,000 cubic yards and either principally used on the farm or qualifying as a small chicken operation.
On complaints and enforcement, staff told the committee that few complaints have been received and that the majority center on odors. Shikowsky and Huber said field inspections and technical assistance resolved most complaints and that, to date, inspections of larger facilities showed management plans, proper setbacks, and compliance with the interim solid waste management rules. "A complaint is not the same thing as a violation," Shikowsky said; agency staff reported no violations were found at inspected sites.
The agency is also working through where to place Act 41 rules. Shikowsky said counsel advised that promulgating rules under the Required Agricultural Practices (RAPs/RIPs) would preserve municipal zoning protections afforded under Title 24, whereas stand‑alone rules might not. He added the agency is monitoring a recent Supreme Court decision and developments in the legislative session as it finalizes a regulatory approach. "We were given the choice to promulgate rules underneath the RIPs or as stand‑alone rules," Shikowsky said.
Committee members raised practical operational challenges for small farms accepting community food scraps: PLU stickers and other noncompostable contaminants, ambiguous labeling for so‑called compostable bags and utensils, and higher contamination risk from larger institutional sources such as schools and hospitals. Huber said these items increase labor and monitoring burdens for small farms and that the regulated community has requested clearer guidance on acceptable materials. "What we hear from the regulated community is we really wish that those PLU stickers maybe something were to change with those just to make it a little bit easier to accept the food scraps," Huber said.
Members also pressed staff about slaughterhouse and rendering issues. Agency staff reiterated that the Act 41 definition excludes waste from poultry or livestock slaughtering facilities (because of disease/prion concerns), and that the decrease in rendering markets has created disposal challenges for that industry which may require broader interagency attention.
Looking ahead, staff said they will continue inspections and technical assistance, complete the annual Act 41 report required by statute, and proceed cautiously with rulemaking while considering zoning implications and recent legal developments. The committee thanked the agency for the update and invited agency counsel to provide additional legal detail at a future meeting.
The agency’s report provides the inventory and 2022‑onward quantities; the committee did not take a formal vote at the session and the agency will return with further rulemaking updates and potential legal guidance.
