Foodservice Operator's Guide To Environmental Regulations Across The US

In recent years, heightened awareness of environmental issues has prompted governments at various levels to implement regulations aimed at mitigating the impact of industries on the planet. The foodservice, restaurant, and packaging industries, being significant contributors to waste generation and environmental degradation, have faced increasing scrutiny and regulation. Understanding these regulations is crucial for businesses operating in these sectors to ensure compliance and minimize their environmental footprint.

This blog aims to provide a comprehensive overview of environmental regulations affecting the foodservice, restaurant, and packaging industries in each state across the United States. Each state has its own set of regulations, ranging from waste management and recycling requirements to restrictions on single-use plastics and composting initiatives. By examining these regulations state by state, businesses can gain insights into the specific requirements they need to meet to operate sustainably within each jurisdiction.

Effective since 2022, Alabama House Bill 9 mandates that certain commercial establishments donate surplus food to qualified organizations. This helps reduce food waste going to landfills and redirects it to those in need.

The Alabama Department of Environmental Management enforces recycling mandates for specific materials like cardboard, metal, and plastic containers. Restaurants that generate a certain amount of waste are required to have a recycling program in place.

There are no statewide bans on specific packaging materials in Alabama. However, some local jurisdictions might have ordinances promoting compostable containers.

Alaska enforces mandatory recycling for specific materials, including beverage containers, corrugated cardboard, and some plastics. Restaurants exceeding a certain waste threshold must comply with these regulations.

The Alaska Department of Environmental Conservation encourages composting of food scraps and yard waste. While not mandatory statewide, some municipalities might have composting initiatives for the foodservice industry.

Some Alaskan cities have ordinances banning single-use plastic bags. These bans typically don't apply to restaurants directly, but they do encourage the use of reusable bags for take out orders.

Effective in 2023, Arizona Senate Bill 1128 requires certain restaurants to offer reusable take out containers as an option to customers upon request. This reduces reliance on disposable containers.

Arizona House Bill 2052, passed in 2019, prohibits restaurants from automatically providing plastic straws with drinks. Customers must request them, promoting a reduction in single-use plastics.

Several Arizona cities and towns have enacted bans on specific types of packaging, like Styrofoam containers. These local regulations are important to consider when operating in those jurisdictions.

Arkansas Act 1402 mandates the recycling of specific materials like aluminum, glass, and plastic containers in certain counties. Restaurants exceeding the designated waste generation amount need to comply with these regulations.

The Arkansas Department of Environmental Quality offers resources and encourages food waste composting for businesses. While not mandatory statewide, composting programs can be a sustainable option for restaurants.

Currently, there are no statewide bans on specific packaging materials in Arkansas. However, some local governments might have ordinances regarding disposable containers.

Effective January 1, 2024, this law prohibits most restaurants from providing single-use plastic bags and expanded polystyrene foam take out containers. Customers must either bring their own bags or pay a 10-cent fee for paper bags.

This law, implemented in phases, requires manufacturers to take financial and operational responsibility for the collection and recycling of covered packaging materials. By 2032, all covered plastics must meet a minimum 65% recycling rate.

As of January 1, 2023, this law prohibits the sale of food packaging containing PFAS, a group of chemicals linked to health concerns.

Colorado banned single-use plastic bags at most stores in 2024. Customers can choose to bring their own bags or pay a 10-cent fee for paper bags.

Also taking effect in 2024, this law prohibits restaurants from using expanded polystyrene foam (EPS) take out containers.

In 2021, Colorado repealed a law that prevented municipalities from enacting stricter plastic packaging regulations. This allows cities and counties to implement their own bans or restrictions on plastic packaging.

Effective in 2020, this law prohibits most stores from providing single-use plastic bags. Customers must bring their own reusable bags or pay a 10-cent fee for paper bags.

While not yet enacted, Connecticut has proposed legislation that would establish an EPR program for packaging materials.

Delaware is currently considering legislation that would ban single-use plastic bags and implement a fee on paper bags.

Delaware does not currently have any regulations related to Extended Producer Responsibility for packaging or bans on PFAS in food packaging.

Florida enforces a waste hierarchy that prioritizes waste reduction, reuse, and recycling before disposal. Restaurants must segregate recyclable materials like cardboard, plastic containers, and metal cans from regular trash. The Florida Department of Environmental Protection provides guidelines for waste management plans that food establishments should follow, https://floridadep.gov/.

Certain Florida localities have enacted bans on polystyrene foam containers, commonly known as Styrofoam. While there's no statewide ban, cities like Miami Beach and Coral Gables have restricted their use in foodservice establishments.

Florida has a statewide ban on single-use plastic bags at retail stores. However, restaurants are exempt. They can still offer plastic bags, but some counties or cities might have stricter regulations in place, so it's important for restaurants to stay updated on local ordinances.

Georgia encourages food waste reduction through initiatives like the Georgia Food Bank Association's gleaning program, which recovers excess food from restaurants for distribution to those in need. While not a mandatory regulation, it offers an environmentally friendly alternative to food waste disposal.

Georgia has a comprehensive recycling law that mandates specific materials to be included in recycling programs. Restaurants should ensure their packaging materials comply with these guidelines to facilitate proper waste management. More information can be found on the Georgia Recycling Coalition's website, https://www.georgiarecycles.org/.

Composting food scraps is another way to reduce waste going to landfills. While not a statewide mandate, some Georgia counties or municipalities might incentivize composting through rebates or programs for restaurants.

Hawaii has one of the strictest plastic bag bans in the nation. It prohibits all carry out plastic bags at stores and restaurants. This regulation aims to significantly reduce plastic pollution in the state.

Hawaii encourages the use of reusable food containers by offering a tax break to restaurants that participate in reusable container programs. This incentivizes both restaurants and consumers to adopt a more sustainable approach.

Hawaii has a growing movement towards using biodegradable or compostable packaging materials in the foodservice industry. While not yet mandated, there's a focus on promoting eco-friendly alternatives to traditional packaging.

Idaho prioritizes recycling efforts. While there are no statewide bans on specific packaging materials, some localities have enacted restrictions on polystyrene foam (commonly known as Styrofoam).

Idaho's Solid Waste Management Act encourages businesses and institutions, including restaurants, to implement recycling programs for designated materials like paper, cardboard, metal, and plastic containers.

Though not mandatory, composting food scraps is a growing trend in Idaho. Many counties offer composting resources and programs specifically for restaurants to divert organic waste from landfills.

Illinois takes a comprehensive approach to environmental regulations in the foodservice industry. Here's a breakdown of key policies:

Illinois enforces a statewide ban on single-use plastic grocery bags at checkout counters. This regulation indirectly impacts restaurants by encouraging reusable bags for take out orders.

Illinois requires restaurants to use recyclable or compostable carry out containers for prepared food upon request. This regulation aims to reduce reliance on landfill-bound packaging.

While not mandated statewide, some Illinois counties and municipalities have enacted composting regulations for commercial establishments like restaurants.

Indiana focuses on promoting environmentally responsible practices through education and outreach programs.

The Indiana Department of Environmental Management offers resources and educational programs to help restaurants implement waste reduction and recycling initiatives.

Some Indiana counties have adopted composting regulations for commercial entities, including restaurants.

While not a regulation, Indiana encourages restaurants to consider sustainable procurement practices, opting for products with recycled content or that are biodegradable.

Iowa mandates composting of organic materials for all commercial establishments generating more than two cubic yards of organic waste per week. This regulation encourages food scrap diversion from landfills and promotes nutrient-rich compost for soil health.

Iowa has a statewide recycling law requiring businesses and institutions to establish recycling programs for specific materials like paper, plastic, and glass. This ensures proper waste sorting and reduces the burden on landfills.

While not a direct regulation, Iowa has a statewide ban on single-use plastic carry out bags at retail stores. This encourages customers to bring reusable bags, reducing plastic waste generated by restaurants offering take out options.

Kansas has a statewide ban on single-use plastic carry out bags at retail stores. This policy promotes reusable bags and helps curb plastic pollution.

While not a statewide mandate, some Kansas counties and municipalities have adopted composting regulations for commercial establishments. It's crucial to check local ordinances for specific requirements in your area.

Kansas encourages waste reduction and recycling through various initiatives. However, specific regulations for foodservice establishments vary by locality. Contact your local government for details on recycling mandates and accepted materials.

Kentucky has a mandatory commercial recycling program for businesses and institutions generating more than four cubic yards of waste per week. This regulation encourages responsible waste management practices in the foodservice industry.

Kentucky promotes composting through various programs and incentives, but there's no statewide mandate for commercial establishments. However, some local governments might have specific food scrap composting regulations.

Kentucky has a statewide ban on single-use plastic carry out bags at retail stores with certain exceptions. This policy incentivizes the use of reusable bags for take out and delivery orders, reducing plastic waste.

Louisiana Act 838 mandates recycling for commercial establishments like restaurants that generate a specific amount of recyclable materials per week. This typically includes paper products, cardboard, metal containers, and plastic bottles. The law requires businesses to establish designated recycling bins and contract with licensed haulers for proper collection.

Many counties in Louisiana have adopted ordinances restricting plastic bag use. These regulations often involve a complete ban or a fee applied to each plastic bag used at checkout. This policy aims to reduce plastic waste and encourage reusable bags.

While not a statewide mandate, some Louisiana parishes have implemented composting regulations for specific entities, including large food generators like restaurants. These regulations require businesses to divert food scraps from landfills by composting them on-site or through designated composting facilities.

Maine enforces a "bottle bill" requiring a refundable deposit on beverage containers like bottles and cans. Consumers pay a deposit at purchase, which they get back upon returning the empty container to designated redemption centers. This program incentivizes recycling and reduces litter.

Maine has banned the use of single-use plastic bags made from low-density polyethylene (LDPE) at checkout counters in retail establishments, including restaurants. Additionally, the state prohibits the use of polystyrene foam containers, commonly known as Styrofoam, for foodservice.

Maine's Organics Recycling Law mandates that commercial food waste generators, like restaurants that exceed a specific food waste threshold, divert organics from landfills through composting or anaerobic digestion facilities.

Maryland's Food Scrape Reduction Act requires commercial kitchens that generate a certain amount of food waste per week to implement food scrap recycling programs. This can involve on-site composting, donation to food rescue organizations, or utilizing commercial composting services.

Maryland prohibits the use of expanded polystyrene (EPS) foodservice containers, often referred to as Styrofoam. This ban applies to restaurants and other establishments offering take out or prepared food.

Maryland's Plastic Bag Reduction Act restricts the use of single-use plastic carry out bags at retail stores, including restaurants with grocery sections. The law encourages the use of reusable bags by requiring stores to offer them for purchase or allowing customers to bring their own.

Massachusetts is at the forefront of regulating harmful chemicals in food packaging. In 2023, they passed a law banning certain Per- and Polyfluoroalkyl Substances (PFAS) from food packaging materials that come into direct contact with food. This ban applies to both single-use and reusable packaging. The regulation is currently being developed by the Department of Environmental Protection and is expected to be implemented by early 2024.

Massachusetts has a comprehensive food waste reduction plan that encourages food establishments to donate surplus food to hunger relief organizations. Additionally, some localities have enacted mandatory food waste composting programs for commercial kitchens exceeding a specific food waste generation threshold.

Massachusetts has a robust commercial recycling program that mandates businesses to recycle specific materials like cardboard, paper, metal, and plastic containers. Restaurants must ensure they have designated recycling bins and signage to educate customers about proper waste disposal.

Michigan is on the cusp of implementing stricter regulations on food packaging. A bill recently introduced proposes a ban on phthalates, bisphenols, and PFAS in food packaging manufactured or sold within the state. This would include some of the first restrictions on fluorinated food packaging in the nation. If passed, the law would likely take effect in January 2025.

Some Michigan localities have enacted restrictions on specific disposable containers, like polystyrene foam containers. These bans aim to reduce waste generation and encourage the use of more sustainable alternatives.

Restaurants in Michigan are required to install and maintain grease traps to prevent used cooking oil from entering the wastewater system. Regular cleaning and proper disposal of collected grease are crucial aspects of this regulation.

Minnesota has a take-back program for specific types of packaging, including paint, batteries, and electronics. While not directly targeting food packaging yet, it reflects the state's focus on promoting sustainable practices.

Some Minnesota localities have implemented mandatory food waste composting programs for large commercial kitchens. This helps divert food scraps from landfills and transform them into a valuable soil amendment.

Minnesota has regulations promoting water conservation in commercial settings, including restaurants. These might involve installing low-flow faucets, repairing leaks promptly, and utilizing water-efficient dishwashers.

While not as comprehensive as some other states, Mississippi encourages food waste reduction and diversion from landfills. Composting food waste is an approved alternative to disposal in landfills. Additionally, some local governments may have specific food waste disposal regulations.

Mississippi has a mandatory commercial recycling program for certain businesses, though the specific requirements may vary by locality. Restaurants in these areas may be required to recycle designated materials like paper, cardboard, and plastic bottles.

Mississippi has regulations for grease trap installation, maintenance, and cleaning in foodservice establishments. These regulations aim to prevent fog from entering the sewer system and causing problems.

This law requires large food establishments (those generating more than two tons of organic waste per week) to donate surplus food to qualified organizations or implement composting programs. It aims to divert food waste from landfills and promote sustainable practices.

Missouri mandates the recycling of specific materials, including cardboard, metal cans, and plastic containers, for certain commercial establishments. Restaurants that generate a significant amount of recyclable waste may need to implement designated recycling bins and ensure proper disposal.

This bill encourages composting of organic waste, including food scraps, in commercial settings. While not mandatory, it offers incentives like tax breaks for businesses that implement composting programs.

This recently introduced bill proposes a ban on single-use plastic carry out containers by certain food establishments. It aims to reduce plastic pollution and encourage the use of reusable or compostable alternatives.

While not a statewide regulation, some Nebraska cities, like Lincoln, have implemented bans on single-use polystyrene (Styrofoam) containers for foodservice. This reduces the amount of non-biodegradable waste generated by restaurants.

This law encourages a statewide reduction in single-use plastic bags. While it doesn't impose a complete ban, it allows retailers, including grocery stores that serve restaurants, to charge a fee for plastic bags, promoting reusable options.

Commercial establishments in Nevada, including restaurants producing a certain volume of recyclable waste, are obligated to recycle specific materials, typically necessitating designated recycling bins and adherence to proper sorting protocols.

This bill established a pilot program to explore the feasibility of large-scale food waste composting in Nevada. While not a permanent regulation yet, it signifies the state's interest in diverting food waste from landfills.

This law requires a deposit on certain beverage containers, including those used by restaurants for take out drinks. Consumers receive a small refund upon returning the empty containers for recycling, promoting responsible waste management.

New Hampshire encourages a reduction in single-use plastic bags by allowing retailers, including grocery stores that supply restaurants, to charge a fee for plastic bags. This incentivizes the use of reusable alternatives.

New Jersey enforces a statewide ban on single-use plastic carry out bags and polystyrene foam containers for foodservice. Paper bags are allowed, but a 5-cent fee applies (unless exempt). This regulation aims to reduce plastic pollution and encourage reusable bags.

Commercial establishments, including restaurants, must recycle designated materials like paper, cardboard, metal, and plastic. This regulation helps divert waste from landfills and promotes resource recovery.

New Jersey recently joined states banning certain per- and polyfluoroalkyl substances (PFAS) in food packaging. PFAS are "forever chemicals" linked to health concerns. This ban aims to eliminate these harmful materials from food-contact surfaces. New Mexico

New Mexico has a statewide plastic bag reduction initiative. Large retailers are required to charge a 10-cent fee for paper or plastic carry out bags. This policy incentivizes reusable bags and reduces overall bag usage.

New Mexico mandates composting for certain food scraps from commercial establishments like restaurants in some counties. This regulation promotes organic waste diversion and nutrient return to the soil.

New Mexico encourages restaurants to use recyclable carry out containers. While not a mandate, this policy promotes sustainable packaging choices.

New York has a statewide ban on polystyrene foam food containers, plates, and cups. This regulation aims to eliminate non-biodegradable and environmentally harmful packaging material.

New York enforces a statewide plastic bag ban with a 5-cent fee on paper bags (unless exempt). This policy discourages single-use plastic bags and promotes reusable bags.

New York recently passed a law requiring large foodservice establishments to donate surplus food to hunger relief organizations. This initiative reduces food waste and helps those in need.

North Carolina grants authority to local governments to implement plastic bag bans or fees. Several cities and counties have enacted such bans, encouraging reusable bags and reducing plastic waste.

North Carolina has a mandatory commercial recycling program for some materials, but it doesn't universally cover foodservice establishments. However, some local governments may have stricter recycling mandates.

North Carolina offers grant programs and other initiatives to encourage composting, including for food waste from restaurants. While not mandatory, these programs promote organic waste diversion.

North Dakota currently doesn't have statewide regulations on plastic bags or polystyrene foam containers. However, some local governments have implemented their own restrictions.

North Dakota emphasizes voluntary recycling programs for businesses, including restaurants. The state offers resources and education to encourage waste reduction and recycling.

North Dakota promotes food waste reduction through partnerships with food banks and other organizations. While not mandated, these programs aim to divert edible food from landfills.

Ohio Revised Code Section 3734.02 mandates composting of food waste for large foodservice establishments (those generating more than two tons of food waste per week). This regulation aims to divert food scraps from landfills and promote nutrient-rich compost for agricultural use.

Ohio EPA regulations require commercial establishments, including restaurants, to establish recycling programs for designated materials like paper, cardboard, plastic, and metal. This regulation promotes resource recovery and reduces landfill waste.

Oklahoma Senate Bill 1042 requires certain businesses, potentially including larger restaurants, to offer recycling for common recyclables like plastic, metal, and glass. This promotes responsible waste management practices.

Some Oklahoma municipalities have enacted bans on single-use plastic bags, encouraging reusable bags for carry out and deliveries. This helps reduce plastic pollution and its environmental impact.

Oregon has a forthcoming ban on PFAS in certain food packaging materials, effective 2024. PFAS are chemicals linked to health concerns, and this regulation aims to minimize their presence in the food chain and environment.

Oregon mandates the use of compostable containers for prepared food take out by certain foodservice establishments. This regulation promotes organic waste diversion and reduces reliance on landfill-bound containers.

Pennsylvania restricts the disposal of food waste from certain commercial establishments in landfills. This regulation encourages composting or anaerobic digestion of food scraps, creating renewable energy or fertilizer alternatives.

Pennsylvania has a plastic bag fee on single-use plastic bags at checkout counters. This discourages plastic bag use and encourages reusable alternatives.

Rhode Island has a statewide ban on single-use plastic carry out bags at retail establishments, including restaurants. This regulation promotes reusable bags and reduces plastic pollution.

Rhode Island prohibits the use of EPS, commonly known as Styrofoam, for foodservice containers. This regulation aims to eliminate non-biodegradable and environmentally harmful material from the waste stream.

This regulation outlines sanitation standards for restaurants, food trucks, and other foodservice operations. It covers areas like food handling, equipment cleaning, and pest control.

South Carolina requires specific date labeling for eggs and shellfish to promote food safety and reduce spoilage.

The South Carolina Department of Agriculture oversees product labeling compliance with federal regulations like the Food Allergen Labeling and Consumer Protection Act and the Fair Packaging and Labeling Act.

South Dakota Department of Environment and Natural Resources focuses on solid waste management. While there aren't specific regulations solely for foodservice, general guidelines for waste disposal and recycling. Businesses may need to follow county or municipal regulations for waste management practices.

The South Dakota Department of Agriculture ensures food safety through inspections and licensing of food establishments. They follow federal guidelines set by the U.S. Food and Drug Administration.

Restaurants with grease traps or discharging large quantities of wastewater may require permits from the DENR to ensure proper treatment and disposal to safeguard water quality.

Tennessee has no statewide food waste reduction regulations. However, some local governments may have initiatives or programs in place.

The Tennessee Department of Agriculture oversees food safety regulations. These include licensing and inspections for food establishments, food labeling, and dairy product processing.

Texas has no statewide food waste reduction regulations. However, some cities may have ordinances or initiatives to address food waste.

The Texas Department of State Health Services enforces food safety regulations. These cover licensing and inspections of food establishments, food labeling, and dairy product processing.

Utah has no statewide food waste reduction regulations. However, some local governments may have their own programs.

The Utah Department of Agriculture and Food enforces food safety regulations. These include licensing and inspections for food establishments, food labeling, and dairy product processing.

Vermont enacted a ban on PFAS in food packaging, effective July 1, 2023. PFAS are chemicals linked to various health concerns. This ban aims to reduce their presence in the environment and food chain.

The Vermont Department of Health is considering following Washington's lead in prohibiting bisphenols in beverage can linings. Bisphenols are another class of chemicals with potential health risks.

Virginia enforces a law that restricts the amount of certain heavy metals, including mercury, that can be present in packaging. This helps minimize potential contamination from packaging materials.

Virginia has various recycling programs in place, and some localities might mandate specific recycling practices for restaurants and foodservice businesses. It's crucial to check local regulations for details.

While not a mandatory regulation, Virginia encourages food waste reduction through educational programs and initiatives. This aligns with national efforts to decrease food waste in the overall waste stream.

Washington prohibits the use of polystyrene foam (commonly known as Styrofoam) for foodservice containers, packing peanuts, and coolers. This ban aims to reduce waste generation and promote compostable or recyclable alternatives.

Washington prohibits the use of Bisphenol A (BPA) in the lining of beverage cans. This stricter regulation aims to eliminate potential health risks associated with BPA.

Washington recently passed legislation that facilitates restaurants offering reusable take out containers to customers. This can significantly reduce single-use packaging waste.

West Virginia restricts the presence of certain heavy metals, including mercury, in packaging materials.

Recycling programs in West Virginia vary by locality. Some areas might have regulations for foodservice establishments related to recycling, while others might not. It's essential to check local ordinances for specific requirements.

While not mandated by law, West Virginia encourages food waste reduction through educational programs and partnerships with organizations working on this issue.

Wisconsin requires that plastic containers sold or offered for sale in the state must contain a minimum of 10% recycled plastic content . This regulation excludes containers where the US Food and Drug Administration has specific limitations on recycled content due to safety concerns.

Several Wisconsin municipalities have enacted bans or restrictions on single-use plastic bags. These typically involve charging a fee for plastic bags at checkout or banning them entirely, encouraging reusable bags.

Wisconsin has some areas with mandatory food waste composting regulations for businesses, including restaurants that generate a certain amount of food waste per week. Check with your local regulations for specific requirements.

Wisconsin does not have a statewide mandate for commercial recycling programs. However, some municipalities may have their own regulations requiring businesses, including restaurants, to participate in recycling programs.

Wyoming primarily relies on voluntary recycling programs. The state offers resources and grants to encourage recycling, but there are no mandatory requirements for businesses like restaurants.

Some Wyoming municipalities have enacted bans or limitations on single-use plastic bags.

Wyoming has initiatives focused on food waste reduction but no specific regulations for restaurants. These initiatives encourage donation programs and composting to divert food waste from landfills.

There are no mandatory regulations regarding sustainable packaging materials in Wyoming. However, the state encourages businesses to adopt environmentally friendly packaging options.