HF 4932

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/20/2024 01:25pm

A bill for an act
relating to solid waste; providing for management of wasted food; proposing coding
for new law in Minnesota Statutes, chapter 115A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [115A.395] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin For purposes of sections 115A.395 to 115A.3953, the
terms in this section have the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Anaerobic digestion. new text end

new text begin "Anaerobic digestion" means the process through which
microorganisms break down organic material, such as yard waste, food, food waste, or
compostable materials, in the absence of oxygen and generate usable products such as biogas
and digestate.
new text end

new text begin Subd. 3. new text end

new text begin Biogas. new text end

new text begin "Biogas" means a gas that is:
new text end

new text begin (1) produced when organic materials, such as manure and food waste, break down; and
new text end

new text begin (2) mainly composed of methane and carbon dioxide, with various amounts of other
gases.
new text end

new text begin Subd. 4. new text end

new text begin Composting. new text end

new text begin "Composting" means controlled, aerobic biological decomposition
of organic material, such as yard waste, food, food waste, or compostable materials, to
produce a nutrient-rich material.
new text end

new text begin Subd. 5. new text end

new text begin Digestate. new text end

new text begin "Digestate" means the solid or liquid residual material left after the
anaerobic digestion process.
new text end

new text begin Subd. 6. new text end

new text begin Food. new text end

new text begin "Food" means any raw, cooked, processed, or prepared substance,
beverage, or ingredient used or intended for human consumption.
new text end

new text begin Subd. 7. new text end

new text begin Food recovery organization. new text end

new text begin "Food recovery organization" means a person
that primarily engages in collecting, transporting, or distributing surplus food that is
ultimately provided to humans for consumption, such as a food pantry, food bank, soup
kitchen, or shelter.
new text end

new text begin Subd. 8. new text end

new text begin Food scraps. new text end

new text begin "Food scraps" means inedible food, trimmings from preparing
food, surplus food that is not donated, and food-processing waste. Food scraps does not
include used cooking oil, grease, or any food that is subject to a recall.
new text end

new text begin Subd. 9. new text end

new text begin Food waste. new text end

new text begin "Food waste" means all discarded food, food subject to
governmental or producer recall due to food safety, and food scraps.
new text end

new text begin Subd. 10. new text end

new text begin Land application of food waste. new text end

new text begin "Land application of food waste" means
the direct application of food waste from food manufacturing or processing activities onto
or below the surface of the land to enhance soil health.
new text end

new text begin Subd. 11. new text end

new text begin Leave crops unharvested. new text end

new text begin "Leave crops unharvested" means to not harvest
crops that are otherwise ready for harvesting and to instead leave them in the field or till
them into the soil.
new text end

new text begin Subd. 12. new text end

new text begin Receiving organization. new text end

new text begin "Receiving organization" means the person accepting
surplus food or food waste from the person that generated the surplus food or food waste
for the purpose of managing or disposing of the surplus food or food waste, including but
not limited to a food recovery organization, composting facility, or landfill. Receiving
organization does not include a person transporting the surplus food or food waste to the
receiving organization, such as a food recovery transportation service provider or a solid
waste collector or transporter.
new text end

new text begin Subd. 13. new text end

new text begin Sampling weight and scaling. new text end

new text begin "Sampling weight and scaling" means
quantifying the total weight of surplus food or food waste generated or managed by a person
by:
new text end

new text begin (1) weighing at quarterly intervals in a calendar year the total weight of surplus food or
food waste generated or managed daily by the person over the course of a week, reflective
of the person's typical operation schedule, to calculate a weekly average; and
new text end

new text begin (2) scaling the measurement obtained under clause (1) in a fixed ratio to estimate the
total weight of surplus food or food waste generated or managed by the person over a period,
such as a month or year.
new text end

new text begin Subd. 14. new text end

new text begin Surplus food. new text end

new text begin "Surplus food" means food that is not sold or used and that is
still safe to be consumed. Surplus food does not include food damaged by pests, mold,
bacteria, or other contamination or food subject to governmental or producer recall due to
food safety.
new text end

new text begin Subd. 15. new text end

new text begin Tracking volume and scaling. new text end

new text begin "Tracking volume and scaling" means
quantifying the total weight of surplus food or food waste generated or managed by a person
by:
new text end

new text begin (1) tracking at quarterly intervals in a calendar year the total volume of surplus food or
food waste generated or managed daily by the person over the course of a week, reflective
of the person's typical operation schedule, to calculate a weekly average; and
new text end

new text begin (2) converting the measurement obtained according to clause (1) from volume to weight
and then scaling the calculated weight in a fixed ratio to estimate the total weight of surplus
food or food waste generated or managed by the person over a period, such as a month or
year.
new text end

new text begin Subd. 16. new text end

new text begin Upcycling. new text end

new text begin "Upcycling" means capturing, processing, and remaking parts of
food and food scraps into new food products for human consumption, when the parts of
food and food scraps are safe for human consumption and would otherwise have been
managed.
new text end

Sec. 2.

new text begin [115A.3951] SURPLUS FOOD AND FOOD WASTE MANAGEMENT
REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin Except as otherwise provided in this section, sections
115A.395 to 115A.3953 apply on the following schedule to a person who, during the
preceding calendar year, per site, generated surplus food, food waste, or a combination of
surplus food and food waste in the following threshold amounts:
new text end

new text begin (1) beginning January 1, 2026: 104 tons or more;
new text end

new text begin (2) beginning January 1, 2028: 52 tons or more;
new text end

new text begin (3) beginning January 1, 2030: 26 tons or more;
new text end

new text begin (4) beginning January 1, 2032: 18 tons or more; and
new text end

new text begin (5) beginning January 1, 2033: six tons or more.
new text end

new text begin Subd. 2. new text end

new text begin Wasted food hierarchy. new text end

new text begin A person generating surplus food, food waste, or a
combination of surplus food and food waste that meets the thresholds in subdivision 1 must
separate surplus food and food waste from other solid waste and manage the generated
surplus food and food waste according to the following methods and order of priority while
acting in accordance with all applicable laws:
new text end

new text begin (1) reduce the amount generated at the source;
new text end

new text begin (2) upcycle or donate for human consumption;
new text end

new text begin (3) divert for consumption by animals or leave crops unharvested;
new text end

new text begin (4) use anaerobic digestion, when the biogas and digestate are not disposed of and are
used as a salable product, or composting; and
new text end

new text begin (5) use anaerobic digestion, when the biogas is used as a salable product but the digestate
is disposed of, or land application of food waste.
new text end

new text begin Subd. 3. new text end

new text begin Duty to determine and quantify weight of surplus food and food
waste. new text end

new text begin Notwithstanding subdivision 1, beginning January 1, 2025, a person that annually
generates five tons or more of surplus food, food waste, or a combination of surplus food
and food waste must determine and quantify the weight of the surplus food and food waste
that the person generates during each calendar year by using one or more of the methods
in section 115A.3952.
new text end

new text begin Subd. 4. new text end

new text begin Required information. new text end

new text begin Notwithstanding subdivision 1, beginning January 1,
2025, a person generating surplus food, food waste, or a combination of surplus food and
food waste in an amount equal to or exceeding the thresholds specified in subdivision 1
must record and maintain the following information:
new text end

new text begin (1) the weight of surplus food and food waste generated during each calendar year by
using one or more of the methods in section 115A.3952;
new text end

new text begin (2) the weight of the surplus food and food waste managed through each method of the
wasted food hierarchy under subdivision 2 and any subcategories required by the
commissioner, calculated according to section 115A.3952;
new text end

new text begin (3) the receiving organization that accepted the surplus food or food waste and the weight
of the generated surplus food or food waste that was received, calculated according to section
115A.3952; and
new text end

new text begin (4) any additional information requested by the commissioner.
new text end

new text begin Subd. 5. new text end

new text begin Annual report. new text end

new text begin (a) Notwithstanding subdivision 1, by April 1, 2026, and by
April 1 annually thereafter, a person who, during the preceding calendar year, generated
surplus food, food waste, or a combination of surplus food and food waste in an amount
equal to or exceeding the thresholds specified in subdivision 1, clause (1) or (2), must submit
an annual report to the commissioner in a form and manner determined by commissioner.
new text end

new text begin (b) A person required to annually report under this subdivision must do so each year
until the person demonstrates through an annual report that, in the preceding year, the person
generated an amount less than the threshold specified in subdivision 1, clause (2).
new text end

new text begin (c) An annual report must include the information recorded and maintained under
subdivision 4.
new text end

new text begin Subd. 6. new text end

new text begin Supplemental information required. new text end

new text begin (a) A person who, during the preceding
calendar year, generated surplus food, food waste, or a combination of surplus food and
food waste in an amount equal to or exceeding the thresholds specified in subdivision 1,
clause (1) or (2), must record and maintain the following supplemental information:
new text end

new text begin (1) the methods used to determine the information reported under subdivision 5, including
but not limited to:
new text end

new text begin (i) a description of the method, the calculations used, and the period over which the data
was collected; and
new text end

new text begin (ii) a qualitative description or a quantitative assessment of any uncertainties pertaining
to information reported under subdivision 5; and
new text end

new text begin (2) the steps taken to manage surplus food and food waste at each level of the wasted
food hierarchy under subdivision 2, including but not limited to:
new text end

new text begin (i) a description of the steps taken at each level of the wasted food hierarchy to comply
with that level;
new text end

new text begin (ii) the contact information for the persons engaged to manage surplus food and food
waste during the steps described in item (i); and
new text end

new text begin (iii) as applicable, information on why a management method lower in the wasted food
hierarchy was chosen over a management method higher in the hierarchy.
new text end

new text begin (b) A person required to record supplemental information under this subdivision must
do so each year until the person is no longer required under subdivision 5 to report annually
to the commissioner.
new text end

new text begin (c) A person required to record supplemental information under this subdivision must
report the information when requested by the commissioner.
new text end

new text begin Subd. 7. new text end

new text begin Education. new text end

new text begin (a) A person who, during the preceding calendar year, generated
surplus food, food waste, or a combination of surplus food and food waste in an amount
equal to or exceeding the thresholds specified in subdivision 1 must provide education
regarding the requirements of this section and section 115A.3952 to individuals under the
person's management who procure or handle food, surplus food, or food waste.
new text end

new text begin (b) A person required to provide education must maintain a record of providing the
education.
new text end

new text begin Subd. 8. new text end

new text begin Food recovery organizations; reporting. new text end

new text begin (a) A food recovery organization
may contract with persons to manage surplus food and may refuse food for any reason.
Beginning January 1, 2025, a food recovery organization that receives surplus food from a
person subject to subdivision 5, with or without a contract in place, must record and maintain
the following information:
new text end

new text begin (1) the total weight of surplus food the organization receives each calendar year from
the person; and
new text end

new text begin (2) information describing, by weight and category, the types of food the organization
receives from the person each calendar year, including nonmeat and meat.
new text end

new text begin (b) The food recovery organization receiving surplus food from a person subject to
subdivision 5 must report the information in paragraph (a) to the person providing the surplus
food if the person requests it. The food recovery organization must report the information
within 60 days of the request.
new text end

new text begin Subd. 9. new text end

new text begin Alternative management practices. new text end

new text begin (a) In lieu of the requirements of
subdivision 2, a person generating surplus food, food waste, or a combination of surplus
food and food waste that meets the thresholds in subdivision 1 may apply to the commissioner
for approval to manage the generated surplus food or food waste according to the
management practices specified in section 115A.02, paragraph (b), clauses (4) to (6). The
application must include:
new text end

new text begin (1) information on all steps that the person has taken to adhere to the wasted food
hierarchy in subdivision 2;
new text end

new text begin (2) information on the circumstances that prevent the person from managing surplus
food or food waste according to subdivision 2;
new text end

new text begin (3) information on the steps the person will take to prevent a future need to use the
management practices under section 115A.02;
new text end

new text begin (4) contact information for the receiving organization that accepts the surplus food or
food waste for management; and
new text end

new text begin (5) the weight of the generated surplus food or food waste that was received by the
receiving organization.
new text end

new text begin (b) The commissioner may grant approval for a person to manage surplus food or food
waste according to the management practices specified in section 115A.02, paragraph (b),
clauses (4) to (6), if the commissioner determines from the information provided in the
application that there are circumstances beyond the person's control that make compliance
with this section impracticable or impossible, such as:
new text end

new text begin (1) lack of available or accessible infrastructure for collecting and managing surplus
food or food waste;
new text end

new text begin (2) proximity to a facility or operation accepting the surplus food or food waste is greater
than 50 miles from the site where the surplus food or food waste was generated;
new text end

new text begin (3) capacity to accept surplus food or food waste has been reached at food recovery
organizations, composting facilities, and other operations providing services for the
management methods under the wasted food hierarchy in subdivision 2;
new text end

new text begin (4) surplus food or food waste is determined to be unfit or otherwise not acceptable for
use by multiple providers of the management methods under the wasted food hierarchy in
subdivision 2, if the person who rendered the surplus food or food waste unfit takes actions
necessary to prevent a recurrence of the conditions that led the surplus food or food waste
to be unfit;
new text end

new text begin (5) the provider of a management method under the wasted food hierarchy in subdivision
2 to whom the surplus food or food waste is normally sent declined to accept the surplus
food or food waste, temporarily stopped operations, or is prohibited from accepting the
surplus food or food waste, and a provider of another management method cannot be found
in a reasonable time;
new text end

new text begin (6) a natural disaster or other temporary, extraneous, and unforeseen event; or
new text end

new text begin (7) other similar circumstances as determined by the commissioner.
new text end

new text begin Subd. 10. new text end

new text begin Record keeping. new text end

new text begin A person must maintain a record of the data and information
required under subdivisions 3 to 7 for five years after collection.
new text end

Sec. 3.

new text begin [115A.3952] METHODS FOR QUANTIFYING SURPLUS FOOD AND
FOOD WASTE.
new text end

new text begin Subdivision 1. new text end

new text begin Methods. new text end

new text begin A person must use one or more of the following methods to
determine the weight of the person's generated and managed surplus food and food waste,
including the weight managed at each level of the wasted food hierarchy under section
115A.3951, subdivision 2:
new text end

new text begin (1) directly quantifying the annual weight in pounds or tons of generated surplus food
or food waste with an instrument or device, such as a scale;
new text end

new text begin (2) sampling weight and scaling, which must include maintaining records containing,
at a minimum, a description of the sampling process, the sampling logs used during sampling,
and the period over which the sampling occurred;
new text end

new text begin (3) tracking volume and scaling, which must include maintaining records containing, at
a minimum, a description of the tracking process, the tracking logs used during tracking,
and the period over which the tracking occurred;
new text end

new text begin (4) data or information that is provided by persons collecting or accepting surplus food
or food waste for transportation or management for the person generating the surplus food
or food waste and that can be used to quantify the weight of the surplus food or food waste,
such as:
new text end

new text begin (i) a food recovery organization collecting or accepting surplus food;
new text end

new text begin (ii) a receiving organization that accepts surplus food or food waste for upcycling into
another product;
new text end

new text begin (iii) a processor of food waste into animal feed that meets the Board of Animal Health
requirements;
new text end

new text begin (iv) a processor of food waste; or
new text end

new text begin (v) a solid waste collector or transporter;
new text end

new text begin (5) other information, such as warehouse records, that:
new text end

new text begin (i) is saved and routinely collected for reasons other than quantifying surplus food or
food waste;
new text end

new text begin (ii) provides data and information that can be used to determine the weight of the surplus
food or food waste; and
new text end

new text begin (iii) is as accurate as the methods described under clauses (1) to (4); or
new text end

new text begin (6) other quantification methods approved by the commissioner that are as accurate as
the methods described under clauses (1) to (4).
new text end

new text begin Subd. 2. new text end

new text begin Data. new text end

new text begin All results must be calculated in pounds or tons. The agency must supply
persons with volume-to-weight conversions.
new text end

new text begin Subd. 3. new text end

new text begin Record keeping. new text end

new text begin A person must maintain a record of the data, methodology,
and records used under this section for five years after collection.
new text end

Sec. 4.

new text begin [115A.3953] COMMISSIONER AUTHORITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Education and support. new text end

new text begin The commissioner may develop and make
available educational materials and resources pertaining to:
new text end

new text begin (1) the federal Bill Emerson Good Samaritan Food Donation Act;
new text end

new text begin (2) surplus food and food waste prevention and management;
new text end

new text begin (3) methodologies for quantifying surplus food and food waste; and
new text end

new text begin (4) the requirements of sections 115A.395 to 115A.3952.
new text end

new text begin Subd. 2. new text end

new text begin Information. new text end

new text begin Upon request of the commissioner for purposes of determining
compliance with sections 115A.395 to 115A.3952, a person must furnish to the commissioner
any information that the person has or may reasonably obtain.
new text end