SB 1383 requires commercial edible food generators to donate all leftover or unsold food that would otherwise be disposed by donating to a food recovery organization/service. This practice is great for fighting hunger and climate change by saving food that would have been thrown out and distributing it to community members instead.

The term 'edible food' applies to all food suitable for human consumption. 

Information for Generators

Is my business a Commercial Edible Food Generator?

CalRecycle regulations split donors into two tiers. Tier 1 donors are required to donate as of January 1, 2022, and Tier 2 donors are required to donate as of January 1, 2024.

Tier 1 Donors

• Supermarkets
• Grocery stores with a total facility size 10,000 square feet or more
• Food service distributors
• Wholesale food markets

These businesses typically have more produce, fresh grocery and shelf-stable foods to donate.

Tier 2 Donors

• Restaurants with 250 seats or more, or 5,000 square feet or more
• Hotels with onsite food facility and 200 rooms or more
• Health facilities with onsite food facility and 100 beds or more
• State agencies with a cafeteria with 250 seats or more, or 5,000 square feet or more
• Local education agencies with an onsite food facility
• Large venues and events with more than 2,000 attendees.

These businesses typically have more prepared foods to donate, which often require more careful handling to meet food safety requirements.

Requirements for Generators

1. Secure a contract or written agreement with an edible food recovery organization or service, such as a food bank, to recover the maximum amount of edible food that would otherwise be disposed.
2. Keep a list of each food recovery organization that receives or collects the edible food, and maintain copies of the contracts or agreements.
3. Keep a record of the following for each contract or written agreement:
   1. Name, address, and contact information of the service or organization
   2. The types of food that will be collected by or self-hauled to the service or organization
   3. The established frequency that food will be collected or self-hauled
   4. The pounds per month collected by or self-hauled to a service or organization for food recovery

Generators are only required to donate edible food that would otherwise go to the landfill. Generators are welcome to first offer unused food to employees or otherwise give it away before sending it to a food recovery organization.Generators are not allowed to intentionally spoil food that can be recovered.

Resources

See more information regarding these requirements here. 

Food Recovery in California - CalRecycle Home Page

Model Food Recovery Agreement from CalRecycle

Visit our local food recovery organizations to get involved with food donation programs

Cambria Vinyard Church – Cambria

Five Cities Christian Women Food Pantry – Grover Beach

Loaves and Fishes – Paso Robles

SLO Food Bank – San Luis Obispo

Sunny Acres – San Luis Obispo

The Church of God of Prophecy – Oceano

Information for Edible Food Recovery Organizations and Services

Requirements for Food Recovery Organizations and Services

Food Recovery Organizations or Services that choose to establish contracts or written agreements with mandated food donors are required to keep record of:

1. The name, address and contact information for each commercial edible food generator that the service collects food from
2. The quantity in pounds of edible food received from each commercial edible food generator per month 
3. The name, address and contact information for each food recovery service that a food recovery organization receives edible food from

CalRecycle grant funding may be available for projects looking to start or expand food recovery services.