Edible Food Recovery
Did You Know?
According to CalRecycle, almost 1 in 4 Californians do not have enough to eat.
Why Should Businesses Rescue Edible Food?
Rescuing food is easy, and you are helping to feed our neighbors in need. SB 1383 requires certain food-generating businesses to donate their edible food that would otherwise be disposed of to food recovery organizations.
What is Edible Food?
Edible food means food intended for people to eat, including food not sold because of the following:
- Appearance
- Age
- Freshness
- Grade
- Size
- Surplus
Edible food includes but is not limited to:
- Prepared foods
- Prepackaged foods
- Produce
Edible food includes grocery store or farm surplus, leftovers from restaurants or caterers, or other unwanted food from wholesalers.
Is a Business Protected Against Liability?
California’s Good Samaritan Donation Act (AB 1219) provides liability protection for entities that make good-faith donations of surplus food. Businesses are legally protected from criminal and civil liability when food that follows standard safe food procedures is donated to charitable or non-profit organizations.
Who must comply, and by when?
As of January 1, 2022
Tier One Generators (supermarkets, grocery and produce stores, etc.)
By January 1, 2024
Tier Two Generators (restaurants, hotels, large venues, events, etc.)
What Else is Required?
Recordkeeping: The law requires mandated food donors to keep track of their food donation activities. Your local city or county is required to monitor compliance by requesting the following types of records during inspections:
- Recover the maximum amount of surplus edible food that would otherwise be disposed of (as compost or landfill) to feed people,
- Have a written agreement or contract with a food recovery organization/service that pick up or receives edible food from your business, and
- Maintain records of type, frequency, and pounds of food recovered each month.
Where Can a Business Donate to?
Community partners like food banks and other organizations will help you set up and manage your food donation program. Here are a few within the area that will be more than happy to assist.
Contra Costa County
Food Bank of Contra Costa & Solano
White Pony Express
Solano County
Food Bank of Contra Costa & Solano
Rio Vista Food Pantry
Frequently Asked Questions
Who should a business contact with additional questions?
Is there a way to reach out to the State?
Yes, we recommend you visit CalRecycle’s FAQs, and if you need additional support, contact CalRecycle’s Short-Lived Climate Pollutants (SLCP) staff. They track everything and update their FAQs when a consistent issue/question arises.
What can a business do to prevent food waste?
The first step in preventing wasted food is to measure it. A food waste audit assists in reduction efforts. The United States Environmental Protection Agency (EPA) has tools available to assist in measuring and preventing the creation of food waste.