Food Waste Legislation is Tightening: Here’s What Food Businesses Need to Know

For many food businesses, keeping up with regulations is already a full-time job in itself. Between ongoing food safety requirements, shifting labor laws, and mounting reporting obligations, there’s no shortage of compliance issues competing for attention. Yet, food waste laws are quickly becoming another area to watch, as more states introduce new rules governing how surplus food is managed.

The attention is understandable. In the United States, approximately $380 billion worth of food goes unsold each year, contributing to nearly 60 million tons of retail food waste. What makes those numbers especially significant is that around 45% of all unsold food is still edible. As lawmakers look for ways to divert more good food from landfills, businesses are finding themselves at the center of the conversation.

Recent food waste law news suggests this trend is unlikely to slow down any time soon. What began as a sustainability initiative is increasingly becoming an operational and compliance consideration for food businesses across the country. Here’s what operators need to know in 2026, including how to stay ahead of where these regulations are heading and what they may mean for daily operations.

Why Food Waste Laws Are Expanding Across the U.S.

The growing focus on food waste laws is tied to a simple reality: the scale of the problem has become difficult to ignore. Each year, roughly 29% of the 240 million tons of available food in the United States goes unsold or uneaten. Some of that surplus is donated or repurposed, but most ultimately leaves the supply chain as waste. In total, approximately 60 million tons of food is discarded annually, representing about one-quarter of all food produced nationwide.

At the same time, millions of Americans continue to face challenges accessing enough food.

Today, roughly 47 million people experience food insecurity, even as an estimated 114 billion meals go unsold or uneaten each year. This disconnect has prompted greater interest in food donation and surplus food recovery programs that help redirect edible food before it’s discarded. Policymakers are also taking a closer look at date-labeling practices, as confusion around “best by” and similar labels can contribute to food being thrown away long before it’s no longer safe to eat.

Environmental concerns are adding further momentum. Food is now the single largest material sent to landfills in the United States, accounting for 22% of municipal solid waste. Once buried, it decomposes without oxygen and releases methane, a greenhouse gas that has become a major focus of waste reduction efforts. Right now, food waste is responsible for 58% of landfill methane emissions, creating a climate impact comparable to 50 million passenger vehicles on the road.

These pressures are helping shape the next generation of food waste laws. Some states are prioritizing landfill diversion requirements, while others are expanding edible food recovery initiatives or exploring date-label reforms. Regardless of the approach, the goal is to keep more usable food in circulation and reduce the volume of waste entering landfills in the first place. Food businesses, including retailers and restaurants, will play a central role in making that possible.

The Biggest Regulatory Trends Food Businesses Should Watch

Food waste regulations are evolving quickly, but they’re not all taking the same form. Recent food waste law news points to several recurring themes that are shaping legislation across the country. Understanding these broader national trends can help operators identify where future policy changes may emerge.

Landfill and Organic Waste Diversion Mandates

Many of the latest food waste laws focus on what happens after surplus food can no longer be sold or recovered. Rather than allowing large volumes of organic material to enter landfills, states are requiring businesses to separate food scraps and direct them toward composting, anaerobic digestion, or other approved processing methods. California’s SB 1383 is one of the most widely cited examples, establishing statewide targets for reducing organic waste disposal and increasing edible food recovery.

Similar requirements have emerged elsewhere in the country. Massachusetts has long restricted the disposal of commercial food waste, while Maryland and Washington have expanded organics diversion efforts through broader waste reduction initiatives. For operators, these policies often translate into new expectations around waste handling, vendor partnerships, and disposal practices.

Donation and Edible Food Recovery Bills

Not all regulation focuses on disposal, especially when donation is on the table. A growing number of food waste laws are centered on keeping edible food in circulation for as long as possible. In many states, qualified businesses are expected to donate suitable surplus food before pursuing lower-priority disposal pathways. For businesses, this can mean paying closer attention to how edible surplus is stored and redistributed.

Food waste law news suggests policymakers are looking to the Environmental Protection Agency (EPA) Food Recovery Hierarchy as a framework, prioritizing donation and other higher-value uses before food is composted or otherwise processed. California’s edible food recovery requirements under SB 1383 have helped push this trend forward, while New York’s Food Donation and Food Scraps Recycling Law and Connecticut’s Commercial Organics Recycling Law both encourage the diversion of edible food from the waste stream.

Food Waste Tracking and Reporting Requirements

As food waste regulations mature, many states are placing greater emphasis on measurement. Policymakers are increasingly looking for data that demonstrates whether waste reduction programs are achieving their intended results, which has led to expanded reporting and recordkeeping requirements for operators. Several states are already moving in this direction.

Connecticut now requires certain businesses to document compliance with its Commercial Organics Recycling Law, while Maryland and Washington have incorporated reporting elements into broader waste reduction strategies. New Jersey has also introduced food waste reporting requirements for certain institutions. These evolving food waste laws do not necessarily equal an overhaul of daily operations, but they do reinforce the importance of maintaining clear records around surplus food management.

Date Label Reform and Expiration Date Rules

Some of the most significant changes regarding waste among food businesses may involve surplus that remains perfectly edible. While consumers often view date labels as indicators of safety, many labels are actually intended to communicate quality or inventory guidance. That distinction has become the latest focus of both regulators and industry groups.

California took a major step in September 2024 with the passage of AB 660, becoming the first state to prohibit consumer-facing "sell-by" dates and require standardized date-label language beginning July 1, 2026. Under the law, most foods with date labels must use “Best if Used By” to indicate peak quality and “Use By” to communicate safety. The change was designed to reduce confusion created by inconsistent phrases, such as “best before" or "freshest by.”

This is one area where food waste laws may continue evolving beyond the state level, too. While it may not always generate headline-making food waste law news, there is growing interest in clearer labeling standards nationwide. Following the passage of AB 660 in late 2024, both the U.S. Food and Drug Administration (FDA) and Department of Agriculture (USDA) sought public input on food date labeling practices and their relationship to food waste.

More recently, the USDA’s Food Safety and Inspection Service (FSIS) reiterated that a “sell-by” date is intended for inventory management and is not a safety date. For retailers and restaurants, these developments highlight a broader shift toward helping consumers make informed decisions about food that is still suitable for sale, donation, or consumption.

State-Specific Food Waste Laws at a Glance

If all of this feels like a lot to keep track of, you’re not alone. Food waste regulations are becoming more complex, and requirements often differ depending on where a business operates and how they’re classified. The chart below offers a quick reference for several notable state laws, though operators should still review the latest guidance from state agencies before making any operational decisions.

Food Waste Law News to Watch at the Federal Level

California may be the first state to standardize consumer-facing date labels, but it is unlikely to be the last. Following the passage of AB 660, federal agencies began taking a closer look at how labeling practices influence consumer behavior and food disposal decisions. For operators, that signals growing federal interest in clearer labeling standards and suggests similar discussions could continue well beyond California.

As federal policymakers continue examining ways to reduce waste beyond labeling reforms, much of the current attention centers on the proposed Zero Food Waste Act, which was reintroduced in Congress earlier this year. The Act would establish grant funding and technical assistance programs designed to expand composting infrastructure, improve food recovery efforts, and strengthen data collection around food waste.

While the legislation has not been enacted, it reflects broader recognition that reducing waste requires coordination across the entire food system rather than relying solely on state-level initiatives. Taken together, these developments suggest that food waste laws may continue evolving in the years ahead.

Of course, not every proposal will become law, and implementation timelines can vary significantly, but the overall direction remains consistent. Recent food waste law news points toward greater emphasis on food recovery, clearer standards, and stronger measurement of waste reduction efforts. For food retail operators, staying informed now may make it easier to adapt as future requirements take shape.

Why Proactive Surplus Management Matters Regardless of Regulation

One challenge for food businesses is that regulations rarely stand still. Requirements can differ significantly from one state to another, and new proposals continue emerging at both the state and federal levels. While no operator can predict exactly how future food waste laws will evolve, waiting until a mandate arrives can make compliance more difficult and leave businesses scrambling to adjust established processes.

So, it’s no surprise that many organizations are taking a more proactive approach. Businesses that already have systems for tracking surplus food, identifying donation opportunities, and documenting recovery efforts may be better positioned as expectations change over time. Just as importantly, these practices can help create greater visibility into inventory that might otherwise be overlooked or discarded.

Too Good To Go is one example of a tool businesses can use to create another pathway for edible food before it becomes waste, connecting nearby consumers with Surprise Bags at a reduced price. Rather than relying solely on donations or disposal, the platform can help retailers and restaurants recover value from food that might otherwise go unsold, all while requiring minimal day-to-day effort from staff.

Preparing for the Future of Food Waste Laws and Regulations

Today’s food waste laws reflect a comprehensive shift in how policymakers, communities, and businesses think about surplus food. While specific requirements vary by state, the overall trend represents greater attention on recovery, diversion, and responsible food management. For operators, staying informed can be just as important as staying compliant.

Recent food waste law news suggests that expectations will continue evolving in the years ahead. Establishing practical systems for managing unsold inventory now can help businesses remain flexible, regardless of where regulations go next. Learn how Too Good To Go helps retailers and restaurants fight food waste while connecting surplus food with nearby consumers.

Learn how Too Good To Go helps retailers fight food waste.

FAQs About Food Waste Laws

What are food waste laws?

Food waste laws are regulations designed to reduce the amount of food sent to landfills. Depending on the state, they may focus on food donation, organics recycling, edible food recovery, reporting requirements, or date-label standards. Many of these policies are intended to keep usable food in circulation for as long as possible.

Why are more states passing food waste regulations?

States are responding to a combination of environmental, economic, and social factors. Large volumes of edible food continue to go unsold each year, while millions of Americans experience food insecurity. At the same time, food waste remains a major contributor to landfill methane emissions, prompting lawmakers to explore new waste reduction strategies.

Which food businesses are most affected by food waste laws?

Requirements vary by state, but many regulations apply to larger food waste generators, including grocery stores, supermarkets, food distributors, institutional dining operations, and some restaurant groups. Businesses should review state-specific guidance to determine whether thresholds or reporting requirements apply to their operations.

What do “Best if Used By” and “Use By” dates mean?

In general, “Best if Used By” refers to food quality, while “Use By” is intended to communicate food safety. Many consumers mistakenly treat all date labels as expiration dates, which can lead to safe to eat food being discarded unnecessarily. New labeling initiatives are attempting to reduce this confusion through clearer, more standardized language.

What is edible food recovery?

Edible food recovery refers to redirecting food that is safe to eat before it becomes waste. Depending on the situation, this may involve food donation programs, food banks, recovery organizations, or other approved channels that help keep food available for consumption instead of disposal. It can also refer to surplus food marketplaces, such as Too Good to Go.

What is Too Good To Go?

Too Good To Go is a surplus food marketplace that helps businesses connect unsold food with nearby consumers. Participating retailers, restaurants, bakeries, and other food businesses offer Surprise Bags containing an assortment of surplus items at a reduced price, helping keep edible food in circulation while reducing waste.

How does Too Good To Go work for retailers and restaurants?

Businesses create Surprise Bags using food that may not sell before its freshness window closes. Consumers purchase the bags through the Too Good To Go app and pick them up during a designated collection window set by the business. This allows operators to recover value from unsold inventory while reducing food waste with minimal additional effort.