Maryland's Food Waste Diversion Law:
What Businesses Need to Know
Find out when Maryland’s requirements apply, which diversion options qualify and how to explore food waste recycling at Maryland Bioenergy Center.
Does the law apply to your business?
1 ton / week
Food residual volume
30-mile radius
Nearby recycling facility
Capacity +contract
Acceptance conditions
Examples include food manufacturers, processors, distributors, supermarkets, convenience stores, schools and institutional cafeterias. Restaurants serving the public with dining rooms for regular meals are excluded. Individual school facilities are considered separately from a school system as a whole.
Businesses may reduce waste, donate food suitable for people, arrange agricultural use such as animal feed, recycle through an appropriate on-site system, or send residuals to an organics recycler. Composting and anaerobic digestion qualify. A combination of methods can be used.
Assess weekly food residual generation. Contact nearby recyclers about capacity, material acceptance and contracts. Plan separation, storage and transportation. Document your assessment. Diversion must begin within 90 days of meeting the applicability criteria, unless an approved waiver applies.
Keep waste measurements, recycler correspondence and diversion records. MDE recommends at least three calendar years of retention. Covered establishments report the previous year’s solid waste and recycling activities to each county where materials were generated by March 1.
If no recycler within the radius meets the capacity and contract conditions, document that determination and reassess at least annually. MDE may grant hardship waivers, including where diversion costs exceed disposal costs by more than 10%. Waivers require approval.
Explore your food waste recycling options
The Maryland Bioenergy Center in Jessup accepts approved bulk liquids and loose solid food waste. Discuss your material, volume and delivery needs with our team.
Reviewed October, 2026