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How do surrounding states regular FPRs?

This information is from State Representative Paul Schemel in a March 2024 Weekly Round Up Newsletter and contains information on the status of Food Processing Residuals.

  • 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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