Food waste recycling compliance for businesses

Certain businesses (see the list of covered sectors below) that generate one ton of trash per week or contract for eight cubic yards or more of trash per week must have food waste recycling in place. Food waste recycling requirements apply to businesses (including commercial businesses, nonprofits and public entities) in the following sectors:

• Restaurants
• Grocery stores
• Food wholesalers, distributors and manufacturers
• Hotels
• Hospitals
• Sports venues
• Event centers
• Caterers
• Nursing and residential care facilities
• Office buildings with dining services
• Farmers markets
• Food shelves and food banks
• Colleges and universities with dining services
• Shopping centers
• Airports
• Golf clubs and country clubs
• Rental kitchens or shared use commercial kitchens

Hennepin County Ordinance 13 inspectors are currently visiting businesses to conduct compliance evaluations. The county has the authority to inspect businesses and enforce Ordinance 13 requirements, including the ability to issue warnings or citations for noncompliance.

All businesses covered by Ordinance 13 in Hennepin County are inspected. Inspections are conducted to ensure that your business is properly managing its solid waste and provide an opportunity for you to learn more about waste diversion strategies. Inspectors have the legal authority to enter your business and conduct an inspection under Hennepin County Ordinance 13.

It’s important to note that while inspections are regulatory in nature, they are primarily designed to be educational. Cooperating with the inspector and correcting any concerns is key to a successful inspection.

If you have any questions about the inspection process, please contact Hennepin County’s Ordinance 13 inspection team at Ord13inspections@hennepin.us.

The following are answers to some frequently asked questions that will help you know what to expect the next time an inspector visits your business.

Why am I being inspected?

Inspections can be conducted for several reasons. The inspection could be routine, could be the result of a recent complaint filed with the county, or could be a follow up from a prior inspection. Inspections are conducted to evaluate your business’ compliance with Ordinance 13. Routine inspections are conducted on all businesses covered by Ordinance 13. 

Tip: Although inspections are regulatory in nature, inspectors can help you better understand solid waste management regulations and how to manage your waste properly. Be sure to ask them any questions you have about solid waste management.

When can I expect to be inspected?

Inspections will either be scheduled by inspectors or unannounced and will occur during regular business hours.

Upon arrival, the inspector will introduce themselves and provide their county identification card. The inspector will ask for the site contact and discuss the purpose of the visit, as well as provide an overview of the inspection. If the site contact is unavailable, they will ask for someone who is familiar with the business’ waste streams and practices.

For unannounced inspections, the inspector understands that you may need to juggle schedules or make other arrangements to accommodate the inspection that day. Be aware that the inspector will not come back at a more convenient time just because you are unavailable.

What areas of my facility will the inspector want to see?

• The inspector will want to visit all back-of-house areas where food waste, food scraps, and other recyclable materials are collected.
  • During the walk-through, the inspector may ask employees who are present questions about the processes or wastes generated in their work areas.
  • The inspector will verify that a bin is available for the collection of food waste, that food waste bins and recycling bins are as accessible as trash bins, and that waste bins of all types have an appropriate label.
  • The inspector will look inside each bin to ensure that food waste, food scraps, and recyclables are properly separated from the trash. These waste bin spot checks are also a good way for inspectors to identify where contamination may be occurring.
• The inspector will want to see any areas where food donations are collected (as applicable).
• Next the inspector will want to see the business’ collection containers – areas where waste is placed for collection by the waste hauler. For most businesses, this will be the compactor and dumpster areas.
  • The inspector will verify that the food waste, food scraps, and recyclable material collected from each department are placed in the correct collection container. There will be additional spot checks for contamination.
  • The inspector will evaluate whether your business has adequate collection service and whether your food waste recycling collection containers are as accessible as trash containers.
• The inspector will take notes and photos.

Tip: Inform the inspector of any additional or unique waste diversion practices and ask questions at any time during the inspection for clarification.

Questions your inspector will ask

The inspector will want to verify that the business has trained staff on the food waste diversion program. Training must occur annually and once upon hire for each staff member.
Inspectors may request proof that training is being conducted as required. Businesses may present a staff training log or show the relevant online training modules designed for staff.

What happens after the inspection?

• The inspector will review observations made, go over any violations noted, and request clarifications as necessary. The inspector will provide you with any information that is needed for your business to manage waste properly.
• If there are items requiring correction, the business will receive a report highlighting the corrective actions required. The report will detail the date by which actions must be completed. Reports are usually sent via email.
• In instances where a business needs to correct items to achieve full compliance, the inspector will request that the manager provide evidence of corrections by the stated deadline.
• Unresolved issues can lead to a re-inspection of the facility or enforcement.

Tip: Businesses are required to conduct self-inspections on a regular basis. This practice ensures the business stays in compliance with solid waste regulations (more information on self-inspections can be found below under Compliance requirements for businesses on this page).

Businesses that Ordinance 13 inspectors visit will be checked for these compliance requirements. 

Provide conventional recycling and food waste recycling service

Provide conventional recycling service

The recycling compliance guide (PDF, 1059 KB): provides an overview of Ordinance 13 recycling requirements for businesses.

Commercial building owners who contract for weekly collection of four or more cubic yards of trash must have single-sort recycling service or provide recycling service for at least three types of materials to their employees or tenants. For example: cardboard, cans, plastics, or less common materials specific to the business, such as textiles.

The building owner or whoever contracts for waste services must make sure service is provided and adequate for the recyclable material collected (and organics recycling material if offered). They will need to increase service levels if carts or dumpster are overflowing. 

Provide food waste recycling service and have food waste diversion in place

The food waste recycling compliance guide (PDF, 2,138KB): provides an overview of Ordinance 13 food waste recycling requirements for businesses.

Businesses, organizations and schools have three main options for recycling organic waste:

• Organics recycling for composting: food waste, unlined paper and certified compostable foodservice ware is recycled into compost, a valuable soil amendment. 
• Food to animals: food scraps are processed into feed for livestock. 
• Food to people: edible food is donated to organizations that help people in need. Note: food donation alone does not meet food diversion requirements and must be used in combination with one or more of the other methods listed above.

Waste bin requirements

Pair recycling bins with trash bins in front-of-house and back-of-house areas

Wherever there is a trash bin and recyclable material is generated nearby, place a recycling bin immediately next to the trash or close by it. The recycling bin must be large enough so it doesn’t overflow and result in recyclables being placed in the trash instead.

Separate food waste for beneficial use

Provide food waste bins in the business’ back-of-house areas where food and food scraps are generated (kitchens, dishwashing areas, etc.)

• Separate food waste from trash in back-of-house operations. Food waste bins must be placed near or next to back-of-house trash bins.
• Organics recycling is not required by Ordinance 13 in front-of-house operations but may be required by city ordinance.
• Using an in-sink garbage disposal is not an acceptable method for recycling food waste. Disposing of any more than incidental amounts of food waste through the public sewer system to avoid off-site disposal is prohibited.

Labeling requirements

Label each bin with the waste type to be collected (e.g. trash, recycling, food, cardboard).

• Labels must be color coded (blue for recycling, green for organics, and red, gray or black for trash) and include images and preparation instructions where applicable. Labels that meet these requirements can be ordered free of charge.
• Replace labels if they become damaged, unreadable, or show items that are no longer accepted in that waste stream.
• Businesses must label internal recycling and trash bins. Your waste hauler is responsible for labeling the waste collection containers they provide to you. 

Businesses may create their own labels consistent with Ordinance 13 requirements. It is recommended that they’re provided to Hennepin County staff for review prior to having them printed.

Training requirements

Provide education and train employees annually. 

• Maintain records of all employee trainings with the education training tracking form (DOCX) 
• Post a sorting guide in an area visible to employees. Access a PDF or order a free printed copy of the sorting guide. The guide should provide the necessary instructions for employees to understand which materials they are required to separate from the trash.

Self-inspection program

Businesses required to comply with Ordinance 13 need to maintain a self-inspection program and keep records of self-inspections. Self-inspection records must include information acceptable to Ordinance 13 inspectors confirming that requirements have been met.

• This self- inspection checklist (PDF, 89KB) is available for businesses to use on a semi-regular basis to ensure ongoing compliance.
• Self-inspections must be completed once per year.
• Records can include (but are not limited to): program description, proof of hauling or other waste management contract information, waste collection service volumes and frequency, training plan, and financial information related to all waste.

Businesses are encouraged to explore services offered by different waste haulers. Additionally, right sizing service can balance or decrease service costs – increased conventional recycling and food waste recycling can result in decreased trash service. Trash is taxed at a higher rate than recycling. 

Food waste reduction methods for businesses include (but are not limited to): 

• Track where and what kind of food is being thrown away - including plate waste.
• Avoid over-preparing food. One method is to utilize point of sale (POS) reports to forecast how busy the business will be at different times and prepare accordingly. This prevents waste and saves staff prep time.  
• Improve inventory management. Use the first-in, first-out (FIFO) method to rotate inventory, bringing older items to the front of storage areas to ensure they get used before they spoil. 
• Repurpose food and utilize common ingredients for various food items. Work with staff to find innovative ways to use food in different ways before it goes to waste. For example, turning day-old bread into croutons.  
• Store food properly and ensure employees follow Minnesota Department of Health food storage requirements. Be diligent about following temperature guides and have a backup plan for what to do if things go wrong (e.g. handling perishables during a power outage). 
• Maintain equipment that keeps your food fresh. For example, don’t overcrowd freezers and keep fridge coils clean. Keep a log of temperatures for coolers and freezers to note any issues.
• Sell excess food. Apps like Too Good to Go for food service or Flash Foods for food retailers let you track surplus food and sell it at a discount.

• Recycling compliance guide (PDF, 1059 KB): provides an overview of Ordinance 13 recycling requirements for businesses
• Food waste recycling compliance guide (PDF, 2,138KB): provides an overview of Ordinance 13 food waste recycling requirements for businesses
• Additional information on composting, accepted materials, organics haulers, composting facilities, beneficial use, and training resources are available on the Hennepin County business organics recycling page
• What happens to organic waste after it’s picked up? Organics recycling basics presentation (PDF, 1,384KB)
• Additional information on recycling, accepted materials, grant opportunities, and a form to request recycling assistance on the Hennepin County business recycling page
• Sign up for the Recycling at Work newsletter to receive quarterly updates on new resources and business stories
• Prevent Wasted Food - City of Minneapolis: Resources on wasting less food and saving money at restaurants
• Food Donations – City of Minneapolis: Save money and help your community by giving away extra food
• Preparing Safe Food Donations: A guide to safely donate food so you can save money, reduce food waste, and help your community
• Free food resource map: Map of food shelves, food box programs, and free meal sites open for donation

Resources from other counties

• Dakota County Ordinance 110: Solid Waste Management: For businesses with locations in both Hennepin and Dakota counties, Dakota County’s Ordinance 110 has similar requirements as Ordinance 13
• Scott County Ordinance 2: Solid Waste Management: For businesses with locations in both Hennepin and Scott counties, Scott County’s Ordinance 2 has similar requirements as Ordinance 13

Variance request form

Variances are available for businesses demonstrating one of these two situations:

• The generation of food waste has been eliminated or substantially minimized
• There is a lack of adequate storage space for indoor bins and/or hauler collection containers.

Request a variance by submitting a variance request form. A site visit may be required by Hennepin County staff to complete the review of your request.

Beneficial use application

To apply for approval of a food waste recycling management method not included in Ordinance 13, complete the additional beneficial use application.

Anonymous complaint form

Most businesses in Hennepin County are required to comply with conventional recycling (blue bin recycling) requirements. All businesses required to collect food waste are required to have conventional recycling.

Anonymously submit a complaint about a business not following the requirements.