What is 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).
To reduce unnecessary food waste and help address food insecurity, SB 1383 requires that by 2025, the state of California will recover and redistribute 20 percent of edible food that would have otherwise be sent to landfills.
SB 1383 requires certain businesses that are defined as either a "Tier 1" or "Tier 2" edible food generators to recover edible food. Please see the chart below for a description of the types of businesses that fall under the Tier 1 and Tier 2 categories and when required to start recovering edible food.
Tier 1 Edible Food Generators: These entities are required to recover the maximum amount of edible food (that would otherwise be disposed of) starting January 1, 2022.
Tier 2 Edible Food Generators: These entities are required to recover the maximum amount of edible food (that would otherwise be disposed of) starting January 1, 2024.
Recover excess edible food - SB 1383 does not require all excess edible food to be donated. It does however, state the following for Tier 1 and Tier 2 edible food generators:
Establish contracts or written agreements - Tier 1 and Tier 2 generators must 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.
Abound Food Care
200 N. Tustin Ave.
Santa Ana, CA 92705
|Fresh, frozen, perishable and non-perishable, packaged or bulk food products.|
Chefs to End Hunger
13527 Orden Dr.
Santa Fe Springs, CA 90670
|Fresh, frozen, perishable and non-perishable and prepared food products.|
Community Action Partnership of Orange County Food Bank
11870 Monarch St.
Garden Grove, CA 92841
|Fresh, frozen, perishable and non-perishable food products.|
10539 Humbolt St.
Los Alamitos, CA 90720
|Perishable and non-perishable food products, pet food and baby food.|
8014 Marine Way
Irvine, CA 92618
|Perishable and non-perishable food products that meet nutritional guidelines (healthy).|
Age Well Senior Services (South Orange County - Meals
|Perishable and non-perishable food products.|
Saddleback Community Church
1 Purpose Dr.
Lake Forest, CA 92630
|Perishable and non-perishable food products.|
Maintain Recordkeeping- Tier 1 and Tier 2 edible food generators must maintain records of their food recovery activities. This recordkeeping includes the following:
Jurisdictions are required to monitor compliance by performing annual inspections to review the following records:
More information for Tier 1 and Tier 2 edible food generators is available on CalRecycle's website: https://www.calrecycle.ca.gov/organics/slcp/foodrecovery/donors.
The EPA created a list of ideas and activities that grocery stores and other food generators can implement to prevent food waste. Explore ways to mitigate food waste here.
SB 1383 requires Tier 1 and Tier 2 edible food generators to recover (for human consumption) the maximum amount of their edible food that would otherwise be disposed, but it does not require food recovery organizations and services to participate. Each food recovery organization and service can decide if they would like to work with edible food generators and what, if any, food they will take.
The SB 1383 regulations make a distinction between a Food Recovery Organization and a Food Recovery Service. These definitions are important because the requirements for these entities are slightly different under the regulations.
Food recovery organizations: an entity that engages in the collection or receipt of edible food from commercial 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, a food bank, a nonprofit charitable organization, or a non-profit charitable temporary food facility.
Food recovery service: a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery.
If a food recovery organization or service does decide to participate in SB 1383 by working with a Tier 1 or Tier 2 edible food generator, they will need to do the following:
Contracts or written agreements - Tier 1 and Tier 2 edible food generators are required to have written agreements or contracts with food recovery organizations or services. CalRecycle has developed a Model Food Recovery Agreement that can be used as an example. The contracts or written agreements can include:
Recordkeeping - Food recovery organizations or services that have a contract or written agreement to collect or receive edible food directly from Tier 1 or Tier 2 edible food generators are required to keep records.
Recordkeeping requirements for Food Recovery Organizations:
Reporting - Food recovery organizations and services must report the total pounds recovered from Tier 1 and Tier 2 edible food generators in the previous calendar year to the jurisdiction where their primary address is physically located. The jurisdiction will in turn report to CalRecycle the pounds collected to measure statewide progress toward achieving 20 percent edible food recovery goal.
More information for food recovery organizations is available on CalRecycle’s website: https://www.calrecycle.ca.gov/organics/slcp/foodrecovery/organizations.