Virginia lets cities and counties require food waste separation

Virginia has a new law on food waste. It does not require anything from businesses by itself. Instead, it lets each city and county write its own rule.

What changed

The law is SB 226 from the 2026 session. It is now in the Code of Virginia as § 15.2-937.1, "Localities may require separation of organic waste; civil penalty." A locality that adopts an ordinance can require large generators of organic waste to separate it from their trash and keep it out of the landfill.

Who it could affect

The law names schools, supermarkets, convenience stores, and business, institutional and government cafeterias as examples of large generators. Each locality sets its own size threshold.

Under the law, a business that makes at least one ton of organic waste a week must compost it at a permitted facility within 30 miles, unless it shows in writing that the facility will not take its material. A locality can also allow other options, like food donation, cutting food waste, composting on site, or sending it to a farm or an anaerobic digester (a plant that turns food waste into energy).

Penalties and waivers

A first violation gets a warning. After that, fines are $250, then $500, then $1,000, and each day counts as a new violation. A business can ask its locality for a hardship waiver.

What to do now

If you run a kitchen, store or school in Virginia, nothing changes today. Watch your city or county council. If it adopts an ordinance, the details that matter are the threshold, the start date and which options it allows.

Read the official text at the Code of Virginia link below. Want a plan ready before your locality acts? Get a compliance plan and we will keep you posted.