What is the SB 1383 Edible Food Recovery requirement? 

To address food waste and its link to food insecurity, SB 1383 requires California to recover 20% of edible food, that would have otherwise been sent to landfills, and donate or redistribute to those in need by 2025. 

To be more specific, the law requires the following: 

• Jurisdictions must establish edible food recovery outreach and inspection programs to assist in connecting food recovery organizations and services with edible food generators so that food can be redistributed or donated to those in need. 
• Jurisdictions are responsible for ensuring there is sufficient county-wide capacity to recover and redistribute all edible food.
• Specific edible food generators must arrange to recover the maximum amount of their edible food that would otherwise go to landfills, by establishing contracts with food recovery organizations and services and keeping up to date 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 they have collected. 

What is edible food? 

Edible food is food intended for people to eat. This includes food not sold due to its appearance, age, freshness, surplus, etc. Edible food includes, but is not limited to,  prepared and packaged foods, as well as produce. All edible food must meet the food and safety requirements of the California Retail Food Code. 

What does "food recovery" mean?  

Food recovery means collecting edible food that would otherwise go to waste and redistributing it to feed people in need. The best use for surplus food is using it to feed hungry Californians which ultimately conserves resources and reduces waste thrown into landfills. 

Resident Food Generator Information

All residents, single and multi-family dwellers, are mandated to participate in organics recycling through SB 1383. The City of Fullerton will begin residential enforcement for SB 1383 in January of 2024. At this time, residents are expected to separate their waste according to bin to ensure proper recycling and diversion. Any contamination in the waste streams will be subject to a Notice of Violation and/or other enforcement measures. 

Edible Food Generator Information

SB 1383 requires certain businesses that are defined as "Tier 1" or "Tier 2" edible food generators to meet the SB 1383 edible food recovery requirements. Below you'll find the types of businesses that fit into each category. 

Tier 1 Edible Food Generators

•  Grocery stores – Stores that are 10,000 square feet or more in size and primarily engaged in the retail sale of canned food, dry goods, fresh fruits and vegetables, fresh meats, fish, and poultry. Any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, or meat and seafood department must also comply.
• Supermarkets - Full-line, self-service, retail stores with gross annual sales $2,000,000 or more that sell a line of dry grocery, canned goods, or non-food items, and some perishable items.
• Food service providers - Entities primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations through a contractual arrangement with the organization.
• Food distributors - Companies that distributes food to entities including, but not limited to, supermarkets and grocery stores.
• Wholesale food vendors – Businesses engaged in the wholesale distribution of food, where food is received, shipped, stored, or prepared for distribution to a retailer, warehouse, distributor, or other destination.

Tier 2 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 - Permanent venue facilities that annually seat or serve an average of more than 2,000 individuals within the grounds of the facility per day of operation. A venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. A site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue.
• Large events - Events, including, but not limited to, a sporting event or a flea market, that charge an admission price, or are operated by a local agency, and serve an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, non-profit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event.
• State agencies with a cafeteria that seats 250 or more or has a total cafeteria facility size equal to or greater than 5,000 square feet.
• Local education agencies with an on-site food facility.

 Tier 1 and Tier 2 generators must meet SB 1383 requirements by: 

• Recover (for human consumption) the maximum amount of edible food that would otherwise be disposed of. This can be accomplished by donating or paying for the food to be recovered by a food recovery organization or service. Food recovery organizations and services includes, but are 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.

  • Edible food generators may also give away excess food to employees, take it home for personal use, or give it away to customers, etc.

• Not intentionally spoil edible food that is capable of being recovered by a food recovery organization or service.

• 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 an example. 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 the following records of their food recovery activities:

  • A list of each food recovery service or organization that collects or receives its edible food under a contract or written agreement.
  • The name, address, and contact information of each food recovery service or organization contracted with.
  • Copies of contracts or written agreements between the edible food generator and a food recovery service or organization.
  • The types of food that will be collected by or self-hauled to each food recovery service or organization.
  • The established frequency that food will be collected or self-hauled to each food recovery service or organization.
  • The quantity of food collected or self-hauled to each food recovery service or organization for food recovery. The quantity shall be measured in pounds recovered per month.

• For large venue or large event operators that do not provide food services, but allow for food to be provided, require food facilities operating at the large venue or large event to comply with the SB 1383 edible food recovery requirements.

• Annually, provide jurisdictions with the following records for review to meet compliance monitoring requirements:

  • Contracts or written agreements with food recovery organizations and services.
  • Schedules for food recovery deliveries or collections.
  • Quantities of food recovered in pounds per month.
  • Types of food each food recovery organization will receive or collect.

Food Donation Programs 

This section covers hunger relief organizations that receive food donations from Tier 1 or 2 businesses and food recovery services that transport food donations to hunger relief organizations.

Effective January 1, 2022, SB 1383 requires certain food generators to donate the maximum amount of surplus food to local food donation programs that feed or distribute food to community members. They must establish written agreements with food programs and track the amount, frequency and types of food donated monthly. 

Your organization may experience an increase in food donation requests from food generating businesses subject to SB 1383. Food donation programs are encouraged, but not required, to increase the amount of food they receive from these generators. It is at the discretion of each organization to decide if you accept or decline requests for surplus food donations from generators as well as requests to enter into a written agreement. 

How to comply (Food Generators)

Tier 1 and Tier 2 food generators are required to follow the same compliance protocol on their respective effective dates.

Recover surplus food

• Safely recover the maximum amount of edible food and donate it to a food program to feed community members. Intentionally spoiling food is prohibited.
• Assess and record the type, frequency, and pounds of food donated each month.

Connect and contract

• Partner with food programs such as soup kitchens, food pantries, food banks or other organizations or companies that rescue food to feed people.
• Create a written agreement with each food program that picks up or receives donated food from your business. See the Model Food Recovery Agreement as an example template. 

Track and report

• Maintain records of the following:
  • Types of food donated
  • Frequency or schedules of food donations
  • Quantity of food recovered in pounds per month
• Keep records on-site of written agreements with food programs at your business location for review and compliance inspection and monitoring by applicable City agencies.
• Report food recovery data to the City of Fullerton annually - More info coming soon!

Liability protection

Food generators that donate food are protected by the Emerson Good Samaritan Food Donation Act and California AB 1219, as long as the food was donated in good faith and followed safe handling procedures.

How to comply (Food Donation)

Connect and contract 

• If your organization agrees to accept donations from businesses subject to SB 1383 or is already doing so, you must establish a written agreement and track and report food donations from each business. 
• You are encouraged to provide input on the conditions of your written agreements with businesses, such as types of food you do and don’t accept, to ensure they align with the needs of your organization. 

Track and report

• Track donations and maintain written documentation including:
  • Types of food to be received or collected
  • Name, address, and contact information for each business donating food to your organization.
  • Quantity in pounds (lbs.) of the food collected, transported, and/or received from each business per month.   
  • Total pounds of food your organization recovers each calendar year
  • Document actions taken to increase food recovery capacity (ie – purchasing new trucks, hiring new staff, purchasing additional refrigeration storage)

• Keep records on-site of written agreements with food programs for review and compliance inspection and monitoring by applicable City agencies. See the Model Food Recovery Agreement as an example template.
• Report food recovery data to the City of Fullerton annually – More info coming soon!

What is an edible 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.

Where are local food recovery organizations? 

OC Waste & Recycling's Edible Food Recovery Webpage

Above is an updated list of all local food recovery organizations and a link to more comprehensive information regarding edible food recovery, compliance, and assistance.

The City of Fullerton plans to partner with Abound Food Care to meet regulations and help stay in compliance with SB 1383 food recovery requirements.

Fullerton's Food Recovery Organizations:

(H)- Hot Meal Program, (P)- Food Pantry

Food Waste Prevention Resources for Businesses

Keep up with the newest available food prevention resources to see how California's businesses are complying with SB 1383.