The NSW FOGO mandate: what your business needs to know

From 1 July 2026, larger NSW businesses that prepare, sell or serve food must separate their food waste from general waste. Smaller businesses follow in 2028 and 2030. Here's who's covered, the key dates, and what it means if you're in Orange or the Central West.

What is the NSW FOGO mandate?

FOGO stands for Food Organics and Garden Organics. The NSW FOGO mandate is the set of rules introduced under the Protection of the Environment Legislation Amendment (FOGO Recycling) Act 2025. It does two main things:

• Requires businesses and institutions that handle food to separate food waste and get it collected for composting or processing, phased in from 2026.
• Requires every NSW council to offer a FOGO collection to households by 1 July 2030.

The reason is simple. Food is a big share of what businesses send to landfill, and when it rots there it produces methane. Landfill space is also running out, especially around Sydney. Getting food out of the general waste bin fixes both problems.

Which businesses does the FOGO mandate apply to?

The business rules apply to premises where food or drink is prepared, sold or served. That includes:

• Cafes, restaurants, takeaways and caterers
• Pubs, clubs, hotels and motels
• Supermarkets, grocers and other food retailers
• Schools, universities and childcare centres
• Hospitals and aged care facilities
• Food manufacturers and other food businesses

Whether your site is covered, and when, comes down to one number: your weekly general waste bin capacity.

NSW FOGO mandate dates and thresholds

The rollout is staged by how much general waste (red lid) bin capacity a site has each week:

How to work out your number: multiply the size of each general waste bin by how many times it's emptied each week, then add them up. One 660L bin emptied three times a week is 1,980 litres, which puts you in the 2028 group. Plenty of kitchens are further along the timeline than they think. The EPA also has a FOGO business mandate calculator if you want to double check.

Large supermarkets (1,000 square metres or more) also have to keep monthly records of the food they donate from 1 July 2026.

The exact thresholds are set by the NSW EPA, so check the EPA's business food waste page for the official wording, or ask us and we'll work it out for your site.

What do covered businesses actually have to do?

• Separate food waste from general waste on site, so it doesn't end up in the red lid bin.
• Have enough food waste bins for what you produce, in places staff actually use them.
• Get it collected at least once a week by a service that keeps it separate and takes it to composting or organics processing.
• Keep the food bin clean, meaning no packaging, plastic or general rubbish mixed in.

If you lease your premises or share a bin area, talk to your landlord or centre manager early. Shared sites need a plan for where the food bins go.

What happens if you don't comply?

The EPA and councils can enforce the rules. Penalties under the Act go up to $500,000 for companies, plus daily penalties for ongoing breaches, and on-the-spot fines of up to $5,000. It's a lot easier (and cheaper) to sort it before anyone asks.

The good news is that doing it properly usually saves money. Food is heavy and wet, and every kilo in your general waste bin is paying the NSW waste levy. Pull it out and your general waste bill drops.

The NSW FOGO mandate in Orange and the Central West

The mandate applies statewide, so businesses in Orange, Bathurst, Dubbo, Parkes, Forbes, Mudgee, Lithgow, Molong and Wellington are covered by the same dates and thresholds as Sydney.

Orange already has a head start on the household side. Orange City Council was the first regional council in NSW to roll out a household FOGO green bin, back in 2013. But that's the household service. Businesses on commercial waste contracts aren't covered by the council green bin, so most Orange cafes, restaurants, pubs, schools and aged care sites still need their own food waste collection to meet the mandate.

The EPA can grant exemptions where there's genuinely no collection or processing service nearby. In Orange and most of the Central West that's not the case. Local food waste collection is available, and the food waste we collect is composted at a local facility in the Central West rather than trucked to Sydney.

That's what we do. Waste No More is based in Orange and runs food waste collection for businesses across the Central West, including meat, bones, dairy and out-of-date stock. See our Orange page for everything we do locally.

How to get ready: a quick checklist

1. Count your bins. List every general waste bin, its size and how often it's emptied. That tells you which year applies to you.
2. Find where food waste happens. Prep benches, dish areas, plate scraping, cool rooms and expired stock are the usual spots.
3. Put the right bins in the right places. Small kitchen caddies where food is created, emptied into a larger collection bin outside.
4. Brief your staff. A 5 minute run-through and clear signage is usually all it takes.
5. Book a weekly collection (or more often if you're busy) and keep your service records.
6. Resize your general waste. With the food gone you can often drop a bin or a pickup, which is where the savings show up.

Frequently asked questions

Sources

• NSW EPA: Businesses must separate food waste
• NSW EPA: FOGO mandates and rollout
• NSW Small Business Commissioner: new food organics collection rules for businesses
• Orange City Council: 10 years of food and garden waste collection

This guide is general information, not legal advice. Rules can change, so always check the EPA's current guidance for your site.