SB 1383
Edible Food Recovery
To reduce unnecessary food waste and combat the effects of climate change, SB 1383 requires that by 2025 California must recover 20 percent of edible food that would have gone to landfills.- Jurisdictions must establish edible food recovery outreach and inspection programs, help connect mandated edible food generators with food recovery organizations/services, and ensure there is sufficient county-wide capacity for all the recovered edible food.
- Mandated edible food generators must arrange to recover the maximum amount of their edible food that would otherwise go to landfills. They must establish a contract or written agreement with a food recovery organization/service that will accept their edible food and keep records of all edible food recovery.
- Food recovery organizations/services that work with mandated edible food generators must maintain and submit records of edible food recovery to jurisdictions
What is edible food?
Edible food is food intended for human consumption, including food not sold because of age, appearance, freshness, grade surplus, etc. Edible food includes but is not limited to prepared foods, packaged foods and produce. All edible donated food must meet the food safety requirements of the California Retail CodeFood Generators and Edible Food Recovery
SB 1383 requires all tier 1 and tier 2 food generators to donate the maximum amount of edible food that would have otherwise been sent to landfills to a food organization/service.What is a Food Recovery Organization/Service?
SB 1383 requires Tier 1 and Tier 2 food generators to donate their excess edible food to a local food recovery organization/service, which includes, but is not limited to:- Food banks
- Food pantries
- Soup kitchens
- Other non-profits that distribute food to people in need
- Food runners
- For-profit food recovery services
If your food organization/service would like to work with a food generator please complete and turn in SB 1383 Edible Food Recovery Capacity Planning Survey below.
SB 1383 Edible Food Recovery Capacity Planning Survey
Tier 1 Food Generators:
Deadline for compliance - January 1, 2022- Supermarkets/Grocery Stores - store that is 10,000 square feet or more in size that is primarily engaged in the retail sale of canned food, dry goods, fresh fruits and vegetables, fresh meats, fish, and poultry, and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments.
- Food Service Providers - An entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations.
- Food Distributors - A company that distributes food to entities including, but not limited to, supermarkets and grocery stores
- Wholesale Food Vendor - A business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetable) is received, shipped, stored, and prepared for distribution to a retailer, warehouse, distributor or other destination.
Tier 2 Food Generators
Deadline for compliance-January 1, 2024- Restaurants -With 250 or more sets, or a total facility size equal to or greater than 5,000 square feet
- Health Facilities - Health facility with an onsite food facility and 100 or more beds
- Large Venues- Large venue means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals per day operation of the event, at the location that includes, but is not limited to, a public, nonprofit or privately-owned park, parking lot, golf course, street system, or other open space when being used for an event
- State Agencies- A state agency with a cafeteria with 250 or more seats or a total cafeteria facility size equal to or greater than 5,000 square feet
- Local Education Agencies- A local education agency with an on-site facility. Local education agency means a school district, charter school, or county office of education that is not subject to the control of city or county regulations
What Tier 1 and Tier 2 Food Generators must do?
Tier 1 and tier 2 food generators must donate their excess edible food to a food recovery organization as well as:- Establish contracts or written agreements with food recovery organization/service
- Both food generator and food organization/service must keep a record of the following:
- Name and contact information
- Types of food being donated
- Frequency of food being donated
- Quantity of food being donated measured in pounds and recovered per month
- These records are needed during inspection