FOGO mandate for businesses

The NSW Government has a statewide mandate for Food Organics and Garden Organics (FOGO) collection services for businesses and institutions, starting in stages from July 2026.

Relevant premises will be required to have a source-separated food organics (FO) waste collection service in place, with the largest generators from 1 July 2026 and staggered to 2030 depending on how much waste they send to landfill each week.

Why the State Government is mandating FOGO collection

The NSW Government committed to halving organic waste being disposed of in landfill by 2030 under the Waste and Sustainable Materials Strategy 2041.

This commitment is part of the broader Australian Government’s net zero commitment.

This initiative will also help address Greater Sydney's landfill capacity which is predicted to run out by 2030 or earlier.

Timing of rollout

Supermarkets, institutions and hospitality businesses will be required to have a source-separated food organics waste collection service from 1 July 2026, with a staged approach based on the businesses’ weekly residual bin volumes.

 
Residual waste capacity
Must comply by
 ≥ six 660L bins, or ≥ 16 x 240L bins, or any combination of bins ≥ 3,960L  1 July 2026
 ≥ three 660L bins, or ≥ 8 x 240L bins, or any combination of bins ≥ 1,980L  1 July 2028
 ≥ 660 litres in a single bin, or ≥ three 240-litre bins, or ≥ 720 litres in total for any combination of bins  1 July 2030

Relevant premises (businesses) covered by this mandate

Relevant premises include the following:

  • supermarkets
  • premises in which food or drink is prepared or provided including:
    • correctional complexes, including correctional centres
    • centre-based childcare facilities
    • educational establishments including schools, universities and TAFE
    • hospitals including public hospitals, private health facilities and mental health facilities
    • seniors housing for which the council does not provide a regular collection service for the transportation of residual waste
    • food and drink premises such as restaurants, cafes, takeaway food and drink premises, pubs and bars
    • hotel or motel accommodation
    • registered clubs that hold a club licence under the Liquor Act 2007
    • premises used for a mobile catering business within the meaning of the Food Act 2003, Part 8, Division 3, but excluding premises at which the food is served
    • premises where seating is provided within a common food court or food hall for the immediate consumption of food or drink, or both, purchased at the premises
    • other premises prescribed by the regulations.

Additionally, residential accommodation which receives a commercial waste collection service are also included in the business mandates, but this only applies from 1 July 2030 where the accommodation has a weekly residual waste bin capacity of at least 660L.

Enforcement of the business mandates

The NSW Environment Protection Authority (EPA) will check compliance of government operated facilities such as hospitals, jails and schools.

PMHC will be responsible for compliance of facilities such as pubs and clubs, cafes and restaurants, food courts and nursing homes.

Penalties under the mandate

  • Maximum penalties of up to $500,000 with a further $50,000 per day for continuing offences
  • On-the-spot fines up to $5,000 can also be issued, with higher fines for second offences

Commonwealth land in NSW

The FOGO mandates will generally apply to Commonwealth land in NSW, depending on the interaction between Commonwealth and State laws.

Information and support

Watch the EPA information session below.

 


For more information, 
head to the EPA website.