Senate Bill 1383

STATE LAW:  ORGANICS RECYCLING 

In September 2016, Governor Brown signed into law SB 1383, 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. 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. On January 1, 2022, CalRecycle's regulations to meet the organic waste reduction targets for 2020 and 2025 will take effect and are enforceable on this date.

To meet the mandated statewide goal, the law requires each jurisdiction in California to establish and monitor a robust food recovery program, which will strengthen the relationships between commercial edible food generators and food recovery organizations within their communities, requiring certain food businesses to send the maximum amount of edible food they would otherwise dispose to food recovery organizations. 

Certain types of businesses (labeled as edible food generators) will be required to donate all of their excess edible food to food recovery organizations and services. Tier 1 Businesses are required to donate starting in 2022, and Tier 2 Businesses are required to donate starting in 2024.

All food donations must meet the food safety requirements of the California Retail Food Code. Donations are protected by The Good Samaritan Act and can be used as a tax write-off.

Establishing Contracts and Written Agreements with Food Recovery Organizations and Services

To ensure that the maximum amount of edible food is recovered, the regulations require that mandated food donors 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 mandated food donors may need to establish contracts or written agreements with multiple food recovery organizations and services to be in compliance.

CalRecycle has released a Model Food Recovery Agreement.


Recordkeeping

SB 1383 requires mandated food donors to maintain records of their food donation activities. The City of San Gabriel will monitor compliance of edible food generators by requesting the following types of records during inspections:

  • Contract or written agreement for food recovery organizations and services.
  • Schedules for food donation deliveries or collections.
  • Quantity of food donated in pounds per month.
  • Types of food each food recovery organization will receive or collect.

Food Recovery Organizations and Services that have a contract or written agreement with a mandated food donor are required to maintain records of the food they receive from each mandated food donor. This includes:

  • The name, address, and contact information for each edible food generator that the organization received edible food from.
  • The quantity in pounds of edible food collected from each edible food generator per month.
  • The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.

 

Local Food Recovery Organizations & Services

Food recovery organizations can be found on LA County’s Food Drop Program.

For more information on SB 1383’s food recovery requirements and additional resources visit CalRecycle’s website and LA County's Food Drop Program website.