Edible Food Recovery 

To reduce food waste and help address food insecurity, SB 1383 requires that by 2025 California will recover 20 percent of edible food that would otherwise be sent to landfills, to feed people in need.  Cities and counties are required to implement a variety of programs to advance these goals.  SB 1383 requires edible food recovery from businesses identified as Tier 1 and Tier 2 generators. All food generating businesses are also encouraged to participate in food donation programs.

Food recovery means collecting edible food that would otherwise go to waste and redistributing it to feed people in need. This is the highest and best use for food that would otherwise go to waste. Californians send 11.2 billion pounds of food to landfills each year, some of which was still fresh enough to have been recovered to feed people in need. While billions of meals go to waste, millions of Californians don’t have enough to eat. To reduce food waste and address food insecurity, surplus food still safe for people to eat will instead go to food banks, soup kitchens, and other food recovery organizations and services to help feed Californians in need.

SB 1383 Food Donation Requirements for Businesses

Tier 1 and Tier 2 Generators must comply with the food donation requirement by establishing contracts or written agreements with food recovery organizations or services. Tier 1 and Tier 2 generators must keep the following records (SB 1383, Section 18991.4):

• A list of each food recovery entity that contracts with the business
• A copy of each contract/written agreement with food recovery entities
• For each food recovery entity the business contracts with:
  • The name, address and contact info of the service or organization
  • The types of food that are collected or self-hauled
  • The established frequency that food is collected or taken to the recovery agency
  • The quantity of food collected or self-hauled, measured in pounds recovered per month

Who must comply?

Businesses producing, selling and/or serving food must arrange to recover and donate the maximum amount of edible food that otherwise would be thrown away.  Businesses are categorized into two tiers: