Beginning January 1, 2022, the requirements of SB 1383 went into effect. 

Senate Bill 1383 statewide organic waste regulations became effective January 1, 2022 in California. Edible food recovery requirements are being implemented in San Benito County under the Edible Food Recovery Ordinance, currently in effect.  You can find the full ordinance here. The ordinance requires certain businesses to donate their leftover edible food to a food bank or food pantry instead of disposing of it in the garbage. 

Edible food is defined as food that is safe for human consumption. This is food that is intended for people to eat, including food not solid because of appearance, age, freshness, grade, surplus, etc. Edible food includes, but is not limited to, prepared foods, packaged foods and produce. All edible food must meet the food safety requirements of the California Retail Food Code. SB 1383 includes goals to get more edible food that would have otherwise been landfilled, to humans for consumption. 

SB 1383 regulates two “tiers” of commercial businesses that generate edible food and requires edible food recovery.  Beginning January 1, 2022, Tier 1 generators must arrange for recovery of surplus edible food by establishing a contract or written agreement with a food recovery organization(s) or service. Beginning January 1, 2024, Tier 2 generators will be required to do the same. Please see the chart below for a description of the types of businesses that fall under the Tier 1 and Tier 2 categories. 

Mandatory Edible Food Recovery Requirements 

To reduce food waste and help address food insecurity, SB 1383 requires the State of California to recover and redistribute or donate 20 percent of edible food that would have otherwise been sent to landfills by 2025. 

• Jurisdictions must establish edible food recovery outreach and inspection programs, help connect certain edible food generators with food recovery organizations/services and ensure there is sufficient county-wide capacity for all the recovered edible food.
• Certain edible food generators (Tier 1 and Tier 2 businesses) must arrange to recover the maximum amount of their edible food that would otherwise go to landfills. They must establish contracts with food recovery organizations/services that will accept their edible food and keep records of all edible food donated.
• Food recovery organizations and services that work with edible food generators must maintain and submit records of donated edible food collected.

It's safe to donate! The Good Samaritan Donation Act of AB 1219 helps protect donors of food from liability. Businesses are legally protected from criminal and civil liability when food is donated to non-profit or charitable organizations in good faith, using standard safe food handling procedures. 

Tier 1 Commercial Edible Food Generators:

• Supermarkets with over $2 million or more in annual gross sales
• Grocery stores with a total facility size equal to or greater than 10,000 square feet
• Food service providers
• Food distributors
• Wholesale food vendors

SB 1383 edible food recovery enforcement for Tier 2 businesses begins January, 1, 2022. 

Tier 2 Commercial Edible Food Generators:

• Restaurants with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet
• Hotels with an on‐site food facility and 200 or more rooms
• Health facilities with an on‐site food facility and 100 or more beds
• Large venues
• Large events
• State agencies with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet
• Local education agency facilities with an on‐site food facility

SB 1383 edible food recovery enforcement for Tier 2 businesses begins January, 1, 2024.

How to Comply:

Tier 1 and Tier 2 Businesses

1. View our recorded training here
2. Implement an edible food recovery program
   • Applies to large food generating businesses only (Tier 1 and Tier 2 Businesses).
3. Tier 1 and Tier 2 businesses will be required to contract with an edible food recovery organization or service to track the recovery of otherwise disposed edible food. Tier 1 and Tier 2 businesses are required to recover the maximum amount possible of surplus edible food generated. See the below list of local edible food recovery organizations:

• A contract or written agreement must be maintained between the Tier 1 or Tier 2 business and the Food Recovery organization(s) or Service(s) to pick up or receive edible food. The state agency CalRecycle developed a Model Food Recovery and Donation Agreement which may help define the services and expectations between the Tier 1 or Tier 2 business and the Food Recovery organization(s) or Service(s).
• Businesses will also be required to keep a record of all types of food donated, the quantity (pounds) donated, frequency of donations, and contact information for the Food Recovery Organization(s) you partner with. These records are subject to review.