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Lawmakers ignite debate over bill that may change what's legal to throw away: 'The Department has several substantial concerns'

The Department of Environmental Protection cited a need for more staff and better infrastructure as among the reasons for its dissent.

The Department of Environmental Protection cited a need for more staff and better infrastructure as among the reasons for its dissent.

Photo Credit: iStock

The only New England state without a food waste ban could join its cohorts this year, but the bipartisan bill isn't without its detractors — and one of them may surprise you. 

As reported by the Maine Morning Star, state Sen. Stacy Brenner sponsored a bill that could help Maine recover much of its 360,000 tons of annual food waste, giving the Pine Tree State another tool to feed the 1 in 8 residents who struggle with hunger. 

If approved and signed into law, LD 1065 would ban "significant generators" of food waste from sending food to a landfill or an incinerator if they are within 20 miles of an organics recycler with available capacity in 2027. Two years later, that distance would stretch to 25 miles. 

Hospitals, food manufacturers, and schools are among the facilities that could qualify under LD 1065, which lawmakers see as a path toward Maine achieving its climate action goal of cutting food waste and loss in half by 2030. 

In addition to reducing heat-trapping pollution, recovering edible food and diverting other food to composting facilities could ultimately save consumers money, as Maine's 2024 Food Loss and Waste Generation Study determined that food measuring and tracking can aid in slashing operational costs.   

The other New England states of Connecticut, Vermont, Massachusetts, Rhode Island, and New Hampshire passed their own food waste laws no later than 2023, per the Morning Star

However, a version of Maine's bill that would have gone into effect in July 2025 faltered in the last session, and the state's Department of Environmental Protection was a key opponent.

"Although the Department fully supports the goals of food waste diversion, the Department has several substantial concerns regarding the feasibility, implementation, and cost of the approach proposed in this bill," the agency wrote for a March 2023 hearing. The DEP cited a need for more staff and better infrastructure as among the reasons for its dissent. 

The lack of infrastructure, in particular, could have posed a threat to public health — creating the possibility of improper food storage for long periods — while trucking waste to existing facilities would have been cost-prohibitive and could have resulted in more pollution. 

In April, Maine held a public hearing on LD 1065, and the bill is still making its way through the state legislature. 

What's the most common reason you end up throwing away food?

Bought more than I could eat 🛒

Went bad sooner than I expected 👎

Forgot it was in the fridge 😞

Didn't want leftovers 🥡

Click your choice to see results and speak your mind.

While it is unclear if the law will be successful this time around, individuals can help the planet and maximize their budgets by reducing their food waste at home. They can do so by properly storing leftovers, freezing perishables to keep them fresh longer, and composting their food scraps

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