(a)It is the policy of the State that food residuals collected under the requirements of this chapter shall be managed according to the following order of priority uses:
(1)reduction of the amount generated at the source;
(2)diversion for food consumption by humans;
(3)diversion for agricultural use, including consumption by animals;
(4)composting, land application, and digestion; and
(b)A person who produces more than an amount identified under subsection (c) of this section in food residuals shall:
(1)separate food residuals from other solid waste, provided that a de minimis amount of food residuals may be disposed of in solid waste when a person has established a program to separate food residuals and the program includes a component for the education of prog
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(a) It is the policy of the State that food residuals collected under the requirements of this chapter shall be managed according to the following order of priority uses:
(1) reduction of the amount generated at the source;
(2) diversion for food consumption by humans;
(3) diversion for agricultural use, including consumption by animals;
(4) composting, land application, and digestion; and
(5) energy recovery.
(b) A person who produces more than an amount identified under subsection (c) of this section in food residuals shall:
(1) separate food residuals from other solid waste, provided that a de minimis amount of food residuals may be disposed of in solid waste when a person has established a program to separate food residuals and the program includes a component for the education of program users regarding the need to separate food residuals; and
(2) arrange for the transfer of food residuals to a location that manages food residuals in a manner consistent with the priority uses established under subdivisions (a)(2)-(5) of this section or shall manage food residuals on site.
(c) The following persons shall be subject to the requirements of subsection (b) of this section:
(1) beginning July 1, 2014, a person whose acts or processes produce more than 104 tons per year of food residuals;
(2) beginning July 1, 2015, a person whose acts or processes produce more than 52 tons per year of food residuals;
(3) beginning July 1, 2016, a person whose acts or processes produce more than 26 tons per year of food residuals;
(4) beginning July 1, 2017, a person whose acts or processes produce more than 18 tons per year of food residuals; and
(5) beginning July 1, 2020, any person who generates any amount of food residuals. (Added 2011, No. 148 (Adj. Sess.), § 6; amended 2017, No. 208 (Adj. Sess.), § 4, eff. July 1, 2020.)