NSW Food Waste Requirements for Supermarkets

The NSW Government has introduced new food waste requirements that may affect supermarkets and other food businesses across the state.

From 1 July 2026, some supermarkets may be required to separate food organics from general waste under the Food Organics and Garden Organics (FOGO) business rollout. Separate record-keeping obligations have also commenced for large supermarkets that donate food for human consumption.

Mandatory food organics (FOGO) collection

Businesses that generate significant amounts of food waste may be required to separate food organics from general waste and arrange an appropriate food organics collection service.

The requirements are being introduced in stages based on a site’s weekly general waste bin capacity.

Rollout timetable

From 1 July 2026

• Businesses with 3,960 litres or more of weekly general waste capacity.

From 1 July 2028

• Businesses with 1,980 litres or more of weekly general waste capacity.

From 1 July 2030

• Businesses with 720 litres or more of weekly general waste capacity.

Large supermarkets could fall within the first stage of the rollout, depending on their weekly general waste bin capacity.

Food donation record-keeping for large supermarkets

Separate to the FOGO rollout, from 1 July 2026 supermarkets with a gross floor area of 1,000m² or more may be required to keep monthly records of food donated for human consumption.

The required records include:

• the total kilograms of food donated;
• the quantity donated across the prescribed food categories;
• the organisation receiving the donation; and
• where no food is donated during a month, a record showing zero donations.

These records must be retained for at least six years.

Compliance and enforcement

The NSW EPA has advised that failing to comply with the large supermarket food donation record-keeping requirements is an offence.

The legislation provides for compliance and enforcement action, including court-imposed penalties and on-the-spot fines for non-compliance.

What should you do?

If you operate a supermarket in NSW, you may wish to:

• determine your site’s weekly general waste bin capacity;
• check whether your business falls within the current FOGO rollout;
• discuss food organics collection services with your waste contractor, if required;
• review your current food waste management processes;
• if your supermarket has a gross floor area of 1,000m² or more, consider whether you need a process to capture the required food donation records; and
• ensure any required records are retained for at least six years.

Whether these requirements apply will depend on your individual circumstances.

For detailed guidance, eligibility information and implementation resources, visit the NSW EPA:

1. Food Organics and Garden Organics (FOGO) business rollout
2. Large supermarket food donation record-keeping requirements
   
   

If you are unsure whether these requirements apply to your business or have questions about your obligations, please contact the NSW EPA directly at info@epa.nsw.gov.au or refer to the guidance and resources available on the NSW EPA website.