Edible Food Recovery

Edible food donation from commercial businesses

State Senate Bill (SB) 1383 (2016) requires Tier 1 and Tier 2 commercial edible food generators to donate all leftover or unsold food that would otherwise be disposed by donating the food to a food recovery organization or service such as food bank or soup kitchen.

Edible food means it is intended for people to eat, including food not sold because of surplus, appearance, age, or freshness, and includes prepared food, packaged food, and produce.

Tier 1 Commercial Edible Food Generators include:

  • Supermarkets with an annual revenue of $2 million or greater; 
  • Grocery stores with a total facility size of 10,000 square feet or more; and,
  • Food service providers, food distributors, and wholesale food vendors.

Tier 2 Commercial Edible Food Generators include:

  • Restaurants with 250 or more seats or a total facility size equal to or greater than 5,000 sq ft;
  • Hotels with an on-site food facility and 200 or more rooms; 
  • Health facility with an on-site food facility and 100 or more beds; 
  • Large venues and large events; 
  • State agencies with a cafeteria with 250 or more seats or a total cafeteria facility size equal to or greater than 5,000 sq ft; and,
  • Local education agencies with an on-site food facility.
Old fashioned scale with illustrated image of person holding food bag and "23%" written in circle on one side and a bag of food on the other side has open_in_full

Per CalRecycle, Californians send 11.2 billion pounds of food to landfills each year, some of which is still fresh enough to be recovered to feed people in need. In 2018, 4.3 million Californians (10.8% of California’s population) didn’t have enough to eat. By May 2020, that number had doubled, surging to 9.2 million Californians (23% of California’s population).

SB 1383 sets a statewide goal to recover 20% of edible food waste by 2025 to address food insecurity in California and reduce food waste. To reach this goal, Tier 1 Commercial Edible Food Generators must contract with a food recovery organization or service for the collection or drop-off of edible food starting January 1, 2022. Tier 2 Commercial Edible Food Generators must comply starting January 1, 2024.

Commercial edible food generator requirements

  1. Secure a contract or written agreement with an edible food recovery organization or service, such as a food bank, to recover the maximum amount of edible food that would otherwise be disposed. An example food recovery agreement, can be found here: Model Food Recovery Agreement.
  2. Keep a list of each food recovery organization or service that receives or collects the edible food and maintain copies of the contracts or agreements.
  3. Keep a record of the following for each contract or written agreement:
  • Name, address, and contact information of the service or organization; 
  • The types of food that will be collected by or self-hauled to the service or organization; 
  • The established frequency that food will be collected or self-hauled; and,
  • The pounds of food per month collected by or self-hauled to a service or organization for food recovery.

Food recovery organizations & services in Sacramento

List of Edible Food Recovery Services & Organizations in the City of Sacramento

SB 1383 requires Food Recovery Organizations and Services to keep records of donations received from Tier 1 and Tier 2 commercial edible food generators so that the State can track its edible food recovery goal. Food Recovery Organizations that receive edible food from a Food Recovery Service do not need to track those donations, only those that are received directly from Tier 1 and Tier 2 commercial edible food generators. Food Recovery Organizations and Services also must report to the City annually the amount of edible food recovered directly from Tier 1 and Tier 2 commercial edible food generators for the past calendar year.

A food recovery organization is an entity that engages in the collection or receipt of edible food and distributes that edible food to the public for food recovery.

Illustrated image of hand grocery cart with "Donate Food" written on it and small illustrated people placing food in the hand cart. open_in_full

Food recovery organization recordkeeping requirements

A food recovery organization or service contracted to collect or receive edible food directly from commercial edible food generators must maintain the following records:

  1. Name, address, and contact info for each commercial edible food generator that the organization receives edible food from; 
  2. Pounds of edible food per month received from each commercial edible food generator; and, 
  3. Name, address, and contact info for each food recovery service that the organization receives edible food from. 

A food recovery service is a person or entity that collects and transports edible food to a food recovery organization or other entities for food recovery.

Food recovery service recordkeeping requirements

A food recovery service contracted to transport edible food to a food recovery organization or other entities for food recovery must maintain the following records:

  1. Name, address, and contact info for each commercial edible food generator that the service collects edible food from; 
  2. Pounds of edible food per month collected from each commercial edible food generator; 
  3. Pounds of edible food per month transported to each food recovery organization; and, 
  4. Name, address, and contact info for each food recovery organization that the service transports edible food to.

Packinghouse waste

  • California Department of Food & Agriculture (CDFA) Packinghouse Waste Message 
  • California Department of Food & Agriculture (CDFA) Guide to Separating & Recycling Packinghouse Waste from Retail Stores

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