Local Law 85 — Mandatory Organics

LL85 Local Law 85 of 2023 · NYC Admin Code §16-306.1 Active

What is Local Law 85?

Local Law 85 of 2023 expanded NYC's commercial organics mandate. All food service establishments — restaurants, cafes, bars, grocery stores, delis, and hotels with kitchens — must separate food scraps, food-soiled paper, and yard waste from regular trash and set them out for separate collection.

The organics can be picked up by DSNY curbside collection (placed in a labeled bin), handled by a private licensed organics hauler, or processed on-site through approved equipment. Food waste grinders that discharge to the sewer are prohibited.

$25

First offense fine

$100

Third+ offense fine

260M

Pounds diverted from landfills in 2 years (DSNY)

Who Must Comply

The commercial organics rules apply if your business meets any of the following thresholds:

Coverage Thresholds by Business Type

Source: DSNY Commercial Organics Rules · Local Law 85 of 2023

Restaurant / Cafe ≥7,000 sq ft

Covered

Chain with 2+ NYC locations ≥8,000 sq ft total

Covered

Hotel with ≥100 guest rooms

Covered

Grocery/supermarket ≥15,000 sq ft

Covered

Grocery chain with 3+ NYC locations ≥10,000 sq ft total

Covered

Small independent restaurant under thresholds

Check w/ DSNY

NYC's Small Business Forward initiative (2024) expanded organics rules to many smaller businesses. When in doubt, separate — compliance is cheap, violations are not.

Fine Schedule

Violation	Fine
Failure to separate organics — 1st offense	$25
Failure to separate organics — 2nd offense	$50
Failure to separate organics — 3rd+ offense	$100/violation
Contamination (wrong items in organics bin)	$25–$100
Labeling/signage violation — 1st offense	$0 (LL151 of 2023)
Using food waste grinder to sewer	DEP violation + $2,500+

How to Comply

1
Get a labeled organics bin. Any container up to 55 gallons with a secure lid works. Label it clearly. DSNY provides free labels at dsny.nyc.gov.
2
Train staff. Food scraps, plate scrapings, food-soiled paper (napkins, pizza boxes, paper bags with grease) go in the organics bin. No plastic bags, no glass, no metal.
3
Set out on your collection day. DSNY collects organics on the same day as recycling. Place the labeled, lidded bin at the curb during your allowed set-out window.
4
If using a private organics hauler: Get a contract and keep it on-site. The hauler must be BIC-licensed. Post the BIC decal.

What Goes In the Organics Bin

✓ Accepted

All food scraps — raw, cooked, meat, dairy, produce
Food-soiled paper — napkins, paper bags, pizza boxes, paper plates
Coffee grounds and filters, tea bags (no staples)
Eggshells, bones, shells
Yard waste — leaves, grass clippings, plant trimmings

✗ Not Accepted

Plastic bags or plastic wrap of any kind
Glass, metal, or foil
Liquids (drain before adding wet food waste)
Non-compostable packaging
Foam or polystyrene of any kind

Related Laws

Mandatory Organics & Composting