Question 1

What is Food Processing Residual (“FPR”)?

Accepted Answer

It is the leftovers of various food processing industries that have not been recycled or used for other purposes. 
Think of it like the wastewater that comes out of your sink after you finish washing the dishes. It includes bits of waste, cleaners, water, and anything else that is in the sink.
The technical definition from page 2 of the Pennsylvania DEP’s “The Food Processing Residual Management Manual” is: An FPR is an incidental organic material generated by processing agricultural commodities for human or animal consumption. The term includes food residuals, food coproducts, food processing wastes, food processing sludges, or any other incidental material whose characteristics are derived from processing agricultural products. Examples include process wastewater from cleaning slaughter areas, rinsing carcasses, or conveying food materials; process wastewater treatment sludges; blood; bone; fruit and vegetable peels; seeds; shells; pits; cheese whey; off-specification food products; hides; hair; and feathers.

Question 2

Is FPR hazardous?

Accepted Answer

It can be according to page 6 of the Pennsylvania DEP’s “The Food Processing Residual Management Manual”.Any FPR material that has been mixed with a listed hazardous waste, or exhibits hazardous characteristics (e.g., ignitability, corrosivity, reactivity, or toxicity) must be handled as a hazardous waste. 
An FPR becomes a hazardous waste only under unusual circumstances. 
One example would be a spill of toxic cleaning agent that was washed into an FPR stream. The entire contaminated FPR stream would require handling as hazardous waste. 
FPR regulation generally gives “farmers” the benefit of the doubt until there is a complaint or self-report of a problem.  However, there is a financial incentive for waste haulers to maximize profits by accepting the largest amount of FPR from customers possible even if it cannot be applied to the land per the letter of the regulation.

Question 3

What risks does applying FPR to the land, pose to the community?

Accepted Answer

The FPR could be the source of well contaminations and quickly spread throughout the watershed.  
It could be the source of E. coli, nitrates, anti-biotic resistant bacteria or other problems depending on where the FPR and manure are sourced from.

Question 4

What regulations govern FPR?

Accepted Answer

The PA Department of Environmental Protection is responsible for the program which allows FPR to be stored and spread in all counties in Pennsylvania; however, it is not regulated. 
The DEP Food Processing Residual Management Manual is used as a recommendation, not regulation. 
The recommendations are grossly out of date.  They originated in the 1970s, (with updates in the 80s and 90s) but the last update occurred more than 20 years ago. 
They do not reflect current scientific understanding of air, water, nutrients, and sediment pollution.  
The DEP should be protecting our environment and our residents, but instead have folded to big business/lobbying interests.  The primary benefit of land application of these wastes is skirting environmental regulations associated to landfills, impoundment and incinerators to reduce costs to the processor.

Question 5

What is the Right to Farm Act?

Accepted Answer

The Right to Farm Act was passed with the intention of helping farmers avoid nuisance lawsuits so long as they are participating in "normal” farming operations which the owner of this property may or not be for various reasons. It does not state that you can pollute water.
Waste haulers have been exploiting the generous provisions given to normal farming operations and real farmers and have begun attempting to use them to shield their dumping activities.
From the law itself: It is the declared policy of the Commonwealth to conserve and protect and encourage the development and improvement of its agricultural land for the production of food and other agricultural products. When nonagricultural land uses extend into agricultural areas, agricultural operations often become the subject of nuisance suits and ordinances. As a result, agricultural operations are sometimes forced to cease operations. Many others are discouraged from making investments in farm improvements. It is the purpose of this act to reduce the loss to the Commonwealth of its agricultural resources by limiting the circumstances under which agricultural operations may be the subject matter of nuisance suits and ordinances.

Question 6

Can I read the FPR manual?

Accepted Answer

You can read the Food Processing Manual by clicking the link below.  Pay close attention to

Chapter 8 page 104- Water Supply Protection
“If the land application operation adversely affects a water supply, a temporary water supply must be provided within 48 hours and a permanent water supply must be provided within 90 days.”

Question 7

How do I report an issue or file a complaint?

Accepted Answer

If you are in the state of PA, please click the link below.

Question 8

How can I support the cause?

Accepted Answer

Please click on the link below.

Question 9

How do other nearby states regulate FPRs?

Accepted Answer

Maryland: Requirements are the most similar to those detailed in the Pennsylvania FPR manual; however, effective in 2023, Maryland codified those restrictions into law and regulated the times at which FPRs could be applied.

New York: The regulatory definition of food processing waste does not include waste from processing of animal carcasses or parts. The storage and land application of food processing waste is categorized as exempt, registered or permitted depending on location, quantity and type of material.

New Jersey: Regulations refer to the waste generated from food processing and packaging operations as food processing by-product, which is categorized as either food processing residual or food processing vegetative waste. Food processing residuals refers to the solids resulting from treatment of wastewater generated from food processing and packaging operations. Food processing vegetative waste includes the peelings, cores, seeds, etc. A farm operator seeking protection of New Jersey’s Right to Farm Act must apply food processing by-product to a commercial farm in accordance with the requirements of New Jersey law.

Virginia: The Virgina Department of Environmental Quality includes food processing waste in its definition of industrial waste. Virginia does permit land application of “industrial residuals,” but regulation requires a permit and notification of land application to the local municipality and the Commonwealth.

Ohio: Land application of compost and agricultural waste is exempt from permitting; however, the agricultural waste is limited to non-processed plant material. Food processing waste including raw rendering waste has to undergo processing (i.e.. composting, anaerobic digestion). Raw rendering material from animal food processing facilities may also be sold to a mink ranch, dog kennel, zoo, captive wildlife farm, or a pet food manufacturing plant.

West Virginia: The West Virginia Solid Waste Management Rule defines waste generated by animal processing facilities as “Industrial Solid Waste.” The rule notes that land application is not included in Industrial Solid Waste disposal practices. Plant-based food waste may be managed through composting. Small-scale composting is authorized through registration (permit by rule), while large-scale composting is authorized by permit.

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