New Hampshire’s Food Waste Law: A Win for the Climate, Communities, and Economy

Next month, New Hampshire will implement a groundbreaking law aimed at reducing food waste, with the dual goals of saving landfill space and cutting methane emissions that contribute to climate change. The new food waste law, set to take effect on February 1, offers other significant benefits, including new sources of healthy food for pantries and shelters, fertilizer for farms, and job creation in transportation, processing, and marketing.

Under this law, facilities generating more than one ton of food waste weekly must redirect that waste to alternative management facilities, such as composting or anaerobic digestion sites, or to organizations that recover edible food for people and animals. The law applies to hospitals, colleges, large restaurants, correctional facilities, stadiums, convention centers, big box grocery stores, and other large-scale producers. However, the law requires compliance only if an appropriate management facility is located within 20 miles.

Part of a Larger Strategy

The initiative stems from the Solid Waste Working Group, led by Rep. Karen Ebel, D-New London, as part of New Hampshire’s goal to reduce solid waste disposal by 25% by 2030 and 45% by 2050. The New Hampshire Department of Environmental Services (NHDES) is now seeking proposals for a consultant to identify impacted entities and to plan logistics, including education and transportation, to support the program’s rollout.

Food waste currently constitutes roughly 25% of New Hampshire’s general trash. In 2023 alone, approximately 171,785 tons of food waste ended up in the state’s landfills, according to Michael Nork of the NHDES Solid Waste Management Bureau. Similar laws in neighboring states have yielded measurable success: Vermont saw a 13% reduction in food waste in landfills, while Massachusetts reported a 13.2% decrease in all landfill waste and a 25% reduction in methane emissions.

“As New Hampshire develops a network of food waste management facilities within easy reach of the larger producers, we hope not only that landfill space will be saved and methane emissions will be reduced, but that the cost of transporting food waste from producers to management facilities will drop, saving businesses money,” said Nork.

Lessons from Regional Success Stories

Hannaford, New England’s largest grocery chain, offers a model for success. Across its 183 stores, Hannaford diverts all food waste from landfills, cutting landfill disposal by 65 million pounds in 2020 alone.

To support compliance and infrastructure development, the New Hampshire legislature has allocated $500,000 in grants. These funds will help expand composting and digestion facilities, support transportation initiatives, and defray compliance costs. For example, a food bank could use grant money to purchase a truck for mobile food distribution. Jennifer Mitchell of NHDES, who is overseeing the law’s implementation, emphasized that the grant program will be developed with input from public listening sessions scheduled throughout the year.

Cost and Environmental Benefits

Diverting food waste is expected to save businesses money by reducing the $100-per-ton cost of sending food waste to landfills. Additionally, the increased use of composting and digestion facilities will provide more sustainable outcomes for food waste, converting it into valuable byproducts like fertilizer or biogas.

Shifting the Focus from Disposal to Reduction

Governor Ayotte’s firm opposition to a proposed mega-landfill in New Hampshire’s north country underscores the state’s commitment to moving away from reliance on landfill expansions. The new food waste law is a pivotal step in this transition, fostering a sustainable focus on waste reduction rather than disposal.

By reducing food waste, cutting methane emissions, and creating new economic opportunities, New Hampshire’s new law promises benefits for the state’s communities, environment, and economy.

Tom Irwin is the Vice President for New Hampshire at the Conservation Law Foundation.

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