Model Ordinance on Mandatory Reporting for Large Food Waste Generators: With and Without Commentaries

Co-authored with Linda Breggin and Jessica Sugarman, Environmental Law Institute

Up to 40 percent of food in the United States is wasted—and 95 percent is disposed of in landfills or incinerated. Diverting food waste from landfills by preventing food waste, donating surplus food, and recycling food scraps can help municipalities achieve waste reduction and climate mitigation goals. However, many municipalities do not have data on the food wasted in their jurisdictions. Requiring organizations and companies that produce large amounts of food waste to report their waste is an important first step in reducing that waste.

This model ordinance, created by NRDC and the Environmental Law Institute, can be used by municipalities to require businesses, universities, and other large organizations to report the amounts of food waste and surplus food they generate. The policy can be adapted as needed by municipalities and other types of local governments. Along with a background memo, a version of the model ordinance including commentaries explains the benefits of key provisions and provides information about alternative approaches that can help guide municipalities in tailoring the policy to their unique circumstances while still achieving the goals of the model ordinance.

This policy is also accompanied by a Model Resolution; resolutions are adopted by municipal legislative bodies (most commonly city councils), typically state a formal opinion or position, and can be used to express municipal policy. Resolutions vary in form and content—and in the process for how they are adopted. This Model Resolution is drafted to reflect commonly used structures and language but can be modified as needed to conform with a municipality’s requirements with respect to form and style and a council’s scope of authority, which may be set out in the municipal charter or code. The Model can also be tailored to align with a municipality’s priorities and its available staffing and funding resources.

For more information please contact Darby Hoover, dhoover@nrdc.org, or Linda Breggin, breggin@eli.org.