Tracking the Next Wave of State Food Waste Policy in 2026

ReFED and the Harvard Law School Food Law and Policy Clinic actively monitor legislative developments related to reducing food loss and waste. Their biannual updates to the Food Waste Policy Finder provide an overview of policies that states and the federal government have enacted across six areas that directly impact food waste. Advocates seeking information about proposed and recently enacted bills across state legislatures can consult the 2026 Food Waste Legislative Tracker, developed by Divert in partnership with the Zero Food Waste Coalition and the Harvard Law School Food Law and Policy Clinic.

Expanded Food Waste Legislative Tracking

If you’ve been following our blog updates on state food waste legislation, you may notice that this year’s update is a little different. We’ve expanded the categories of bills we track to better reflect the many policy levers that states are using to address food waste.

Previously, we tracked 13 categories (plus “other”). We have now added three new categories:

• Disposal surcharge fees: Bills that add or increase per-ton disposal fees to incentivize recycling, composting, and donation.

• End-market development: Legislation requiring government entities to purchase compost or other products developed from organic waste. This category also captures bills that incentivize the use of these products and aim to develop robust markets for organic end products.

• Reporting: Bills that establish food waste reporting requirements, such as requiring reporting on organic waste generated, food donations, or food waste sent for recycling.

We’ve also updated several category descriptions to better reflect the types of legislation we’re seeing and put bills in multiple categories when they have more than one intended purpose.

As of July 2026, 37 states have introduced 135 unique bills related to food waste, with 26 enacted so far this year. Of the remaining bills, 45 are still pending, and 64 are now dead, meaning the bill can no longer pass. New Jersey and New York lead with 21 unique bills introduced by legislators in each of those states, followed by California with 16.

The most common category of introduced bills involves reducing food waste in schools (19). Other top categories include food waste awareness (16) and composting and anaerobic digestion permitting (16). Awareness bills are aimed at increasing understanding of the need to minimize food waste, donate surplus food, or properly source-separate food waste for recycling. This topic area also includes bills proposing consumer education campaigns. Bills related to composting and anaerobic digestion permitting are directed at clarifying where composting or anaerobic digestion can take place, the feedstocks that can be used in composting or anaerobic digestion, or the requirements for different types of programs and facility development.

Sampling of Notable Bills Enacted this Session

• Hawaii—Updating Organic Waste Diversion Goals: Enacted on June 26, SB2101 updates the state’s waste reduction goals and integrates those goals into requirements for county solid waste plans.

  • The state is now aiming to reduce organic waste disposal by 40% by January 2038, 70% by January 2043, and 100% by January 2048.

  • Counties must now identify and assess ways to increase organic waste diversion, which includes food waste.

• Maryland—On-Farm Organic Diversion and Recycling Grant Program: In late April, Maryland’s governor approved HB429/SB599, establishing a state grant program to:

  • Support the development and implementation of programs to prevent wasted food;

  • Recover unsold excess food for redistribution to needy individuals; and

  • Recycle organics and use compost on Maryland farms.

The program is funded with $250,000 in annual appropriations starting in fiscal year 2028.

• Massachusetts—Tax Incentives for Food Donation: On June 12, Massachusetts’s governor approved supplemental appropriations (H5033) for fiscal year 2026, which includes a tax incentive for food donations.

  • Massachusetts’s farm businesses that donate food or crops to a nonprofit food distribution organization are eligible for a refundable tax credit.

  • The credit can be up to the fair market value of the donated food or crops, not to exceed $5,000 annually.

• Rhode Island—Strengthening School Food Waste Reduction: On June 18, Rhode Island’s governor signed H7342/S2438. The law:

  • Clarifies that schools may implement share tables (places where students can put unopened, uneaten food) or donation programs to share uneaten school food with other students or school community members.

  • Requires that school waste studies, which are required to be conducted every three years, be made public.

  • Updates procurement language to require food service vendors to recycle organic waste at authorized composting or anaerobic digestion facilities, or through other approved recycling methods. Going forward, vendors must also report the amount of unserved, excess food donated to needy individuals, as well as any tax deductions or credits received for food donations.

  • Beginning January 2029, removes exemptions from the requirement to divert food waste when no composting or anaerobic digestion facility is within 15 miles.

• Virginia—Empowering Local Governments to Enact Organic Waste Bans: Approved by Virginia’s governor in May, HB1011/SB226 gives localities authority to enact ordinances requiring that large organic waste generators divert their organic waste from disposal.

  • Any locality that opts to enact such an ordinance must include organic waste generators located within 30 miles of a recycling facility, unless the generator can demonstrate undue hardship.

  • The new law also empowers localities to establish civil penalties for violations of any organic waste ban ordinance.

  • Finally, it also aims to support the development of waste-disposal infrastructure in schools and expresses the legislature’s intent that new school facilities or renovations include infrastructure for organic waste management.

Almost Over the Finish Line: New York Bill to Standardize Food Date Labels

Just before California’s new food date label law was set to take effect at the beginning of July, New York legislators passed NY S07618. The bill still needs to be signed by the governor before it can become law.

If enacted, it would mandate standardized date labeling for food products to clarify whether a date indicates safety or quality, requiring manufacturers, processors, and retailers to use only one of two specific terms: "USE by" for safety and "BEST if Used by" for quality. It would also prohibit the use of "sell by" dates on food manufactured after July 1, 2028.

The law would also clarify that the sale or donation of food past its quality date is allowed. To enhance its impact and reduce unnecessary food waste, the Department of Agriculture and Markets would be required to conduct education and outreach to help consumers and businesses understand the food date labeling requirements.

The New York bill would also require the New York Department of Agriculture and Markets, in consultation with the Department of Health, to establish guidelines for estimating shelf life based on scientific methods and storage conditions. If signed, the law will take effect 180 days after signing. This is a bill to watch in the coming months.

Stay in the Know

The above developments show that states are continuing to advance significant food waste legislation. By broadening our tracking categories, we aim to capture the full variety of ways in which states are working to prevent, recover, and recycle food waste, whether through financial incentives, end-market development, or better data and reporting. We’ll continue monitoring these trends and updating the Food Waste Policy Finder and 2026 Food Waste Legislative Tracker so that advocates and policymakers can track developments, identify emerging best practices, and help drive the next generation of food waste policy.