Senate Bill 1383 and Food Recovery

Food recovery means collecting edible food that would otherwise go to waste, and donating it to feed people in need.

To reduce food waste and help address food insecurity, SB 1383 requires that by 2025 California will recover 20 percent of edible food that is normally sent to landfills. The law directs the following:

• Jurisdictions must establish food recovery programs and strengthen their existing food recovery networks
• Food donors must arrange to recover the maximum amount of their edible food that would otherwise go to landfills
• Food recovery organizations and services that participate in SB 1383 must maintain records

What is Edible Food?

Edible food is food that is not sold based on factors such as appearance, age, or freshness but can still be a safe and sustainable food source within the community. Edible foods include prepared foods, packaged foods, and produce.

Food Donors

Almost 1 in 4 Californians don’t have enough to eat. SB 1383 requires qualifying businesses to to help their communities by donating the maximum amount of excess edible food to local food banks, food pantries, and other food recovery organizations and services. 

To ensure that the greatest amount of edible food is recovered, the regulations require that mandated food donors establish contracts or written agreements with food recovery organizations and services.

SB 1383 places mandated food donors into two tiers. The first tier is required to donate starting in 2022. The second tier is required to donate starting in 2024. 

SB 1383 requires mandated food donors to:

• Donate their excess edible food to a local food recovery organization or service, which includes, but is not limited to:
• Establish contracts or written agreements with food recovery organizations, which can include:
  • Establishing a regular food donation or collection schedule
  • Identifying allowable foods for donation
  • Cost-sharing options

Defining Tier One and Tier Two Edible Food Generators

Tier 1 

Tier 2 

Recordkeeping

The law requires mandated food donors to maintain records of their food donation activities. 

Jurisdictions will monitor compliance by requesting the following types of records during inspections: 

• Contract or written agreement information for food recovery organizations and services
• Schedules for food donation deliveries or collections
• Quantity of food donated in pounds per month
• Types of food each food recovery organization and service will receive or collect

Food Recovery Organizations

Although SB 1383 requires qualifying food donors to donate the maximum amount of their edible food, SB 1383 does not require food recovery organizations and services to participate. It is at the discretion of individual food recovery organizations and services to decide if they would like to participate.

Recordkeeping

Food recovery organizations and services that have a contract or written agreement with a mandated food donor will be required to maintain records of the food they receive from each mandated food donor.

Food recovery organizations and services that participate in SB 1383 must also report the total pounds collected in the previous calendar year to the jurisdiction where their primary address is physically located. 

Toolkit for Edible Food Recovery

Food Donation Guidelines

FoodDROP Brochure

Safe Surplus Food Donation Guide

California Food Bank Locator Tool

Los Angeles County Food Donation Locator Tool

Commerce Food Recovery Organization List

Model Food Recovery Agreement

Edible Food Recovery FAQs

Annual Food Donor Reporting Form

Annual Food Recovery Organization Reporting Form

Copia

Food Donation and Recovery Resources

Become educated on organic waste recycling and how you can make a difference by reading the Food Donation & Recycling brochure.

Learn how to reduce food and packaging waste:
Reducing Wasted Food & Packaging Guide for restaurants and other commercial kitchens.

Join the Environmental Protection Agency's (EPA) Food Recovery Challenge Program, visit Food Recovery Challenge (FRC) for details.

Obtain additional resources by visiting: EPA Sustainable Management of Food.