Edible Food Program

SB 1383 Edible Food Recovery Program

What does SB1383 mean for edible food recovery?

Senate Bill (SB 1383) requires that by 2025, the State of California recover and redistribute 20 percent of edible food that would have otherwise been sent to landfills. The goal is to divert the maximum amount of edible food to charitable organizations where it may be redistributed to those in need.

What is edible food?

Edible food is food intended for people to eat, including food not sold because of appearance, age, freshness, grade, surplus, etc. Visit Calrecycle’s website for more information.

Edible Food Recovery Program

SB1383 requires certain food generating businesses to establish written agreements with charitable food organizations to donate surplus food. The law phases food donors in under two tiers based on business type and size. The first tier is required to donate starting in 2022. The second tier is required to donate starting in 2024. The following Tier 1 mandated food donors in Laguna Beach are helping communities now by working with the Laguna Food Pantry, located at 20652 Laguna Canyon Rd. Click here for more information.

Tier 1 Edible Food Generators (In Effect January 1, 2022):

Whole Food Market
Pavilions
Ralphs Grocery

Tier 2 Edible Food Generators (Effective January 1, 2024):

Health Facilities (with onsite food facilities and 100+ beds)
Hotels (with on-site food facilities and 200+ rooms)
Local Education Agencies (with onsite food facility)
Large Events and Venues
Restaurants (with ≥ 5,000 sq. ft. or 250+ seats)
State Agency Cafeterias (with ≥ 5,000 sq. ft. or 250+ seats)

Additional resources for businesses and model food donation agreements can be found on CalRecycle’s Edible Food Recovery Website

TIER 1 AND TIER 2 EDIBLE FOOD GENERATOR REQUIREMENTS

Senate Bill 1383 requires Tier 1 and Tier 2 edible food generators to do the following:

Recover excess edible food - SB 1383 does not require all excess edible food to be donated. It does however, state the following for Tier 1 and Tier 2 edible food generators:
1. Edible food generators shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or service.
2. Edible food generators are allowed to give away excess food to employees, take it home for personal use, give it away to customers, etc.
3. Edible food generators must recover (for human consumption) the maximum amount of edible food that would otherwise be disposed. This can be accomplished by donating or paying for the food to be recovered by a food recovery organization or service, which includes, but is not limited to food banks, food pantries, soup kitchens, for-profit food recovery services and other non-profits that distribute food to people in need.
4. A large venue or large event operator that does not provide food services, but allows for food to be provided, shall require food facilities operating at the large venue or large event to comply with the SB 1383 edible food recovery requirements.
Establish contracts or written agreements - Tier 1 and Tier 2 generators must establish contracts or written agreements with food recovery organizations and services. Food recovery organizations and services vary in the amount and types of food they can receive, so edible food generators may need to establish contracts or written agreements with multiple food recovery organizations and services to be in compliance. CalRecycle has developed a Model Food Recovery Agreement that can be used as a template. These contracts can include the establishment of a regular edible food delivery or collection schedule, identifying allowable edible foods for recovery, and cost-sharing options.
Maintain Recordkeeping- Tier 1 and Tier 2 edible food generators must maintain records of their food recovery activities. This recordkeeping includes the following:
1. A list of each food recovery service or organization that collects or receives its edible food under a contract or written agreement
2. A copy of contracts or written agreements between the edible food generator and a food recovery service or organization
3. For each food recovery organization or service that the Tier 1 and Tier 2 edible food generators has a contract or written agreement with, records must contain:
  - The name, address and contact information of the service or organization
  - The types of food that will be collected by or self-hauled to the service organization
  - The established frequency that food will be collected or self-hauled
  - The quantity of food collected or self-hauled to a service or organization for food recovery. The quantity shall be measured in pounds recovered per month.

GOOD SAMARITAN FOOD DONATION ACT

The “Bill Emerson Good Samaritan Food Donation Act” (Public Law 104-210) makes it easier for businesses to donate to food recovery organizations and services by protecting donors from liability when donating to nonprofit organizations. The act protects donors from civil and criminal liability should the product donated in good faith cause harm to the needy recipient.

More information for Tier 1 and Tier 2 edible food generators is available on the CalRecycle’s website.

FOOD RECOVERY ORGANIZATIONS

What is a Food Recovery Organization and Food Recovery Service?

Food recovery organization: An entity that engages in the collection or receipt of edible food from Tier 1 and Tier 2 edible food generators and distributes that edible food to the public for food recovery either directly or through other entities including, but not limited to, food banks, non-profit charitable organizations, or non-profit charitable temporary food facilities.
Food recovery service: A person or entity that collects and transports edible food from a Tier 1 or Tier 2 edible food generator to a food recovery organization or other entity for food recovery.

Requirements for food recovery organizations and food recovery services:

Food recovery organizations and services are not required to participate in state mandated food recovery efforts under SB 1383. However, if a food recovery organization or service does decide to participate by working with a Tier 1 or Tier 2 edible food generator, they are required to:

Enter into a written agreement or contract with the Tier 1 or Tier 2 edible food generator. CalRecycle has developed a Model Food Recovery Agreement that can be used as an example. The contract or written agreement can include:
- Establishing a regular food recovery delivery or collection schedule,
- Identifying allowable foods for recovery, and
- Cost-sharing options (food recovery organizations and services do not need to accept recovered food for free, they can decide to charge for their collection/recovery services).
Report the total pounds recovered from Tier 1 and Tier 2 edible food generators in the previous calendar year to the jurisdiction where their primary address is physically located. The jurisdiction will in turn report to CalRecycle the pounds collected to measure statewide progress toward achieving 20% edible food recovery goal.
Maintain additional records as described below.

CITY REQUIREMENTS

The City is required to conduct annual inspections to verify tier one and tier two commercial edible food generators are recovering the maximum amount of edible food. The City will request the following types of records during inspections:

Contract or written agreement information with food recovery organizations and services
Schedules for food recovery deliveries or collections
Quantity of food recovered in pounds per month
Types of food each food recovery organization will receive or collect

LIST OF EDIBLE FOOD RECOVERY ORGANIZATIONS

Abound Food Care
200 North Tustin Ste 110
Santa Ana, CA 92705
Phone: (657) 335-4480
Website: Home - Abound Food Care