Edible Food Recovery

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Edible Food Recovery Requirements
Definition of Edible Food
Why Donate Excess Edible Food?
Who Must Comply?
Required Documents and Recordkeeping
Edible Food Recovery Organizations/Services
Additional Resources

What does SB 1383 Edible Food Recovery require?

California Senate Bill 1383 (SB 1383) sets requirements to divert organic waste from landfills and to increase edible food recovery by 20% by the year 2025. The law requires cities to establish edible food recovery outreach and inspection programs, help connect mandated edible food generators with food recovery organizations/services and ensure there is sufficient county-wide capacity for all the recovered edible food.
Per SB 1383, mandated commercial Edible Food Generators (Defined as Tier 1 And Tier 2 Generators) must:
1. Arrange to recover the maximum amount of excess edible food that would otherwise go to landfills
2. Either establish a written agreement with partnering organizations/services that accept edible food
3. Maintain records of all edible food recovery activities and receipts and have them available upon request by the City

What is Considered Edible Food?

Edible food is food intended for people to eat, including food not sold 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 (PDF).
The Good Samaritan Law encourages companies to donate surplus food. The Good Samaritan Food Donation acts to protect donors from criminal and civil liability:
• Protects donors from liability when donating to a hunger relief organization
• Protects donors from civil and criminal liability if the product donated in good faith later causes harm to the recipient
• Standardizes donor liability exposure so donors do not need to investigate liability laws

Why Donate Excess Edible Food?

What are the benefits of having an edible food recovery program?
• Helps you comply with SB 1383.
• Helps the environment by diverting food waste from the landfill.
• Can help feed your neighbors in need. Nearly 5 million Californians struggle with food insecurity. Addressing food insecurity makes a huge difference in our community.• There are tax benefits from having an edible food recovery program. Your company may be eligible for a tax deduction. • Could help you increase warehouse space or save on storage charges.

Who Must Comply?

Businesses (known as “generators”) producing, selling and/or serving food must arrange to recover and donate the maximum amount of edible food that otherwise would be thrown away. Generators are categorized under two tiers. Tier 1 and Tier 2 Edible Food Generators.
Tier 1

Tier 2

More information for Tier 1 and Tier 2 edible food generators is available on CalRecycle’s website.

Required Documentation and Recordkeeping for Edible Food Recovery Generators

CalRecycle, per SB 1383, requires that Tier 1 and Tier 2 generators have a written agreement with any and all food recovery organization and/or service that receive the business’ excess edible food.
For each food recovery organization or service that the Tier 1 and Tier 2 edible food generators has a contract or written agreement with, records must be kept of:

Required Documentation and Recordkeeping for Edible Food Recovery Generators