Resources for Edible Food Generators

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What is Senate Bill (SB) 1383?

In September 2016, the State set methane emission reduction targets for California in Senate Bill 1383, intended as a statewide effort to reduce emissions of short-lived climate pollutants (like organic waste) in various sectors of California’s economy.
SB 1383 establishes statewide target to reduce the amount of organic waste disposed of in landfills (50% reduction by 2020 and 75% by 2025). It also set a goal to rescue at least 20% of currently disposed edible food by 2025 and redirect that food to people in need.
This effort will increase access to nutritious food for members of our community, while reducing waste and greenhouse gas emissions that are the result of food ending up in a landfill! Together, we can do this important work for our community and the planet.

 

​What types of businesses have to comply?

 

​​​Tier 1

Tier 1 businesses typically have more produce, fresh grocery and shelf-stable food to donate. Examples are Wholesale food Vendors, food Service Providers, Food​ distributors and Grocery stores ≥ than 10,000 sq. ft. and Supermarkets.

Required to Send Surplus Food to Food
Organizations Starting January 1, 2022

  • Supermarkets with revenue ≥ $2
    million.
  • Grocery Stores with Facilities ≥
    10,000 sq. ft.
  • Food Service Providers
  • Food Distributors
  • Wholesale Food Vendors

Deadline to fulfill SB 1383 requirements: January 1, 2022.

Tier 2

Tier 2 businesses typically have more prepared foods to donate, which often require more careful handling to meet food safety requirements (e.g. time and temperature controls). Examples are Hotels with On-site Food Facility and 200+ rooms, Restaurants Facilities ≥ 5,000 sq. ft. or 250+ seats, Health Facilities with On-site Food Facility and 100+ beds, State Agency Cafeterias ≥ 5,000 sq. ft. or 250+ seats, Local Education Agencies with On-site Food Facility

Required to Send Surplus Food to Food
Organizations Starting January 1, 2024

  • Restaurants with Facilities ≥ 5,000
    sq. ft. or 250+ seats
  • Hotels with an On-Site Food Facility and 200+ Rooms
  • Health Facilities with an On-Site
    Food Facility and 100+ Beds
  • Large Venues and Events
  • State Agency Cafeterias with Facilities ≥ 5,000 sq. ft. or 250+ seats
  • Local Education Agency with an OnSite Food Facility
  • Non-Local Entities
 
Deadline to fulfill SB 1383 requirements: January 1, 2024.
 


Steps for Compliance


Step 1

Step 2

Step 3

Secure written agreements or contracts with food recovery organizations that receive your donation.

Begin donating excess edible food.

Maintain donation records at business location to be submitted to your city.

Why recover edible food?

  • Save Food: Californians send over 6 million tons of food scraps or food waste to landfills each year, of which almost 1 million tons are potentially donatable, edible food.
  • Feed People: Over 9 million Californians (23%) don’t know where their next meal will come from.
  • Fight Climate Change: Food that ends up in landfills emits greenhouse gases, contributing to climate change.

 

Easy Steps to Prevent Food Waste

Everyone is shopping smarter these days. It is important for the environment to keep food waste out of the landfills where it produces methane, a powerful greenhouse gas. 

Use these tips to save on groceries and help the environment.

1. Plan Ahead

2. Serve Smart

3. Love your Leftovers

4. Compost, Don't Trash

Before you go to the grocery store or order online, make a list so you don’t buy more than you need.

Portion control is good for your waistline, and good for reducing plate waste. 

Pack leftovers in small portions in shallow containers, mark the containers and date, refrigerate, and use within 3 to 4 days or freeze immediately. 

Food scraps can be recycled into compost, an organic material that can be added to soil to hep plants grow. Set up a home compost bin or drop your food waste at a local compost center. 

More Easy Steps to Prevent Food Waste

Each year, the average American family of four loses $1,500 to uneaten food. Keeping food out of landfills also reduces methane, a hazardous air pollutant that contributes to climate change. With every meal, you can take steps to save food, save money, and reduce environmental impacts. 

5. Understand Labels

6. Buy & Consume

7. Freeze to Save

8. Order Out Wisely

With the exception of infant formula, food that is properly handled should still be safe if the date on a food product passes during home storage until spoilage is evident. 

What fresh food items in your home need to be eaten? Consider eating them first.

Freeze leftovers within 3-4 days to extend shelf life. Uneaten fruits and vegetables can be frozen and used later in stews and smoothies. 

Eating out? Order what you can finish. Ask about portion sizes and be aware of side dishes included with entrees. Take the leftovers home and keep them for your next meal. Consider bringing reusable containers with you to take leftovers home in. At all-you-can-eat buffets, take only what you can eat.  

 

Frequently Asked Questions

 
What is the reason for these new requirements?

These new requirements are part of the State’s SB1383 regulations. One of the provisions of SB1383 is to increase statewide edible food recovery to 20% of edible food that would otherwise be disposed by 2025.

When do these requirements go into effect?

For Tier One Edible Food Generators, the requirements go into effect starting January 1, 2022.  For Tier Two Edible Food Generators, the requirements go into effect starting January 1, 2024.

How do you define edible food?

Edible food means foods intended for human consumption.  Permitted food facilities such as restaurants, hotels, grocery stores, food processing facilities, food distributors and caterers can donate prepared foods and meals (e.g. hot trays that remained back-of-house) to non-profit charitable organizations or individuals directly.  Foods that have been previously served to a consumer cannot be donated.

What is the County doing to help businesses like mine comply with these new regulations?

The County is working on an education campaign to inform businesses about this new regulation.  In addition to this website, the County has developed a Commercial Edible Food Recovery Brochure with the regulatory highlights, and is working to identify businesses that meet the criteria as Tier One and Tier Two Edible Food Generators. The County will be reaching out to these businesses to provide information, confirm status designation, and provide businesses an opportunity to ask questions.

As an Edible Food Generator, where can I find an example of a contract or written agreement?

Contract examples can be found at CalRecycle’s Food Donors webpage or you can download their ​Mode​l Food Recovery Agreement​​.​​

I am a business and would like to donate edible food. How can I make sure I donate safely?

Please visit Safe Surplus Food Donation Tool Kit for more information and resources you need to safely donate edible food.

Can I be held liable for donating food?

The California State Good Samaritan Food Donation Act and the National Bill Emerson Good Samaritan Food Donation Act​ offers protection as long as the foods being donated are handled in a safe and sanitary manner​.

 

Additional Resources

 
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