In September 2016, Governor Brown signed into law SB 1383 (Lara, Chapter 395, Statutes of 2016) establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants (SLCP) in various sectors of California’s economy. As it pertains to CalRecycle, SB 1383 establishes targets to achieve a 50 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent reduction by 2025. The law grants CalRecycle the regulatory authority required to achieve the organic waste disposal reduction targets and establishes an additional target that not less than 20 percent of currently disposed edible food is recovered for human consumption by 2025.

More information about SB 1383 can be found on the CalRecycle webpage.

Food recovery means collecting edible food that would otherwise go to waste and redistributing it to feed people in need. This is the highest and best use for food that would otherwise go to waste. Feeding hungry people through food recovery is the best use for surplus food and a vital way for California to conserve resources and reduce waste thrown in landfills. SB 1383 requires certain food businesses to donate the maximum amount of edible food they would otherwise dispose, to food recovery organizations.

More information about SB 1383 and food recovery can be found on the CalRecycle webpage.

The law phases food donors in under two tiers. The first tier is required to donate starting in 2022. The second tier is required to donate starting in 2024. Mandated food donors can help their communities now by starting to work with local food banks, food pantries, and other food recovery organizations and services.

Commercial Edible Food Generators: 

• Tier 1 – Tier one businesses typically have more produce, fresh grocery, and shelf-stable foods to donate. Tier 1 includes:
  • Wholesale Food Vendors
  • Food Service Providers
  • Food Distributors
  • Grocery Stores (greater than or equal to 10,000 sq. ft.) and Supermarkets

• Tier 2 – Tier two businesses typically have more prepared foods to donate, which often require more careful handling to meet food safety requirements (e.g. time and temperature controls). Tier 2 includes:
  • Hotels (with On-Site Food Facility and 200+ Rooms)
  • Restaurant Facilities (greater than or equal to 5,000 sq. ft. or 250+ seats)
  • Health Facilities (with On-Site Food Facility and 100+ Beds)
  • State Agency Cafeterias (greater than 5,000 sq. ft. or 250+ seats)
  • Local Education Agencies (with On-Site Food Facility)
  • Large Venues and Events

New California Law requires Donation of Edible Food

CA State Law SB 1383 requires certain Commercial Edible Food Generators to donate edible food to feed people and reduce organic waste going into landfills.

SB 1383 sets a goal to recover 20% of the edible food produced in the State that would otherwise be disposed in the landfill. To reach this goal by 2025, Tier 1 and 2 food generators (see below for categories and compliance dates) are required to donate all surplus edible food to a non-profit, secured through a written agreement.

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.

Commercial Edible Food Generators:

• Must maintain a written agreement with all Food Recovery Organizations and/or services that pick up or receive edible food.
• Must maintain monthly records of type, frequency, and pounds of food recovered.
• Shall not intentionally dispose of or compost food that can be donated.

The City of Palm Springs will be inspecting these donation agreements, as well as records of weights and food types donated each month.

Food Recovery Organizations/ Food Donation Resources in Palm Springs:

• FIND Food Bank – (760) 775-3663 https://findfoodbank.org
• Desert Chapel – (760) 327-2772
• St. Teresa's Food Pantry – (760) 323-2669
• The Center – (760) 416-7790

Edible Food Recovery Flyer

Mandated food donors (Tier 1 & Tier 2 Commercial Edible Food Generators) are required to do the following in order to recover edible food before going to the waste in landfill and be compliant with SB 1383:

1. Establish Contracts and Written Agreements with Food Recovery Organizations and Services

To ensure that the maximum amount of edible food is recovered, mandated food donors are required to establish contracts or written agreements with food recovery organizations and services.

2. Recordkeeping

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

More information about SB 1383 and food donor requirements can be found on the CalRecycle webpage.