Mandatory Recovery of Edible Surplus Food

According to the National Research Defense Council (NRDC) and Environmental Protection Agency (EPA), wasted food causes 58 percent of methane emissions from municipal solid waste landfills. California throws away more than 6 million tons of food waste every year. 

In 2016, California SB 1383 was passed, a short-lived climate pollutants reduction act that diverts organic waste from landfills to prevent climate emissions, conserve our land, and maximize resources.

• SB 1383 came into effect on January 1, 2022 for organic waste and methane emission reduction.
• SB 1383 establishes statewide targets for the reduction of 75 percent of organic waste sent to landfills by 2030.
• SB 1383 recovers at least 20 percent of the surplus edible food for human consumption by 2025. This is a statewide goal.

SB 1383 aims to connect surplus edible food produced by certain food businesses and donate that food to nonprofits who provide for those facing food insecurity.

SB 1383 defines these businesses as “Tier 1” or “Tier 2” Edible Food Generators (EFGs) to recover edible food. Please see the graphic on the left for a description of the types of businesses that fall under the Tier 1 and Tier 2 categories and when they are required to start recovering edible food and maintain records of their donations.

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As part of the SB 1383 requirements, certain businesses classified as Tier 1 or Tier 2 EFGs must:

• Recover the maximum amount of edible food that would otherwise be disposed
• Establish contracts or written agreements with Food Recovery Organizations or services
• Maintain records of food donation activities

In January 2024 through site visit inspections, the City began ensuring that all EFGs have partnerships with Food Rescue Organizations (FROs)/Food Recovery Services (FRSs), and are donating the maximum amount of edible food. 

SB 1383 requires that mandated food donors establish partnerships with food recovery organizations and services and establish a written contract with them. Ensuring a successful partnership with food recovery organizations can be a step by step process.

Steps to ensuring a successful food rescue partnership:

1. Find the Food Recovery Partner
2. Communicate and Work with Multiple Partners
3. Establish Food Recovery Contracts. For contracts, consult with legal counsel.
4. Recover Surplus Edible Food
5. Maintain Records and Record on your Personal Log
6. Get Ready to Present for Inspections
    

When donating food, California has set in place several protections for businesses to ensure full recovery of edible food. Outlined in the California Food Retail Code and California Assembly Bill 1219, businesses are protected from criminal and civil liability when donating to a hunger relief organization. Therefore, businesses donating in good faith do not need to worry in regards to their liability of food donations.

In addition, donors are protected on the Federal Level as well. Originally passed in 1996, the Bill Emerson Good Samaritan Food Donation Act works on a federal level to limit liability for food donors giving to nonprofit organizations. New amendments were passed on January 5, 2023, also grant liability protections to “qualified direct donors” who donate directly to needy individuals at zero cost. Qualified direct donors include: retail grocers, wholesalers, restaurants, caters, and more.

Additionally, EFGs who donate surplus edible food may be eligible to receive tax benefits from their donations. For clarification, read this guide developed by the Harvard Food Law and Policy Clinic and consult with your tax professional to claim full benefits.

ReFed Calculator Tax Incentives 

The U.S. federal government recognizes the importance of food donation and provides tax incentives to businesses that donate food. ReFed has developed a guide to determine how much your business may be eligible for. Use this link to learn more about the incentives.

For more information about food recovery, please visit these official websites:

• CalRecycle: Food Donors – Fight Hunger and Combat Climate Change
• Los Angeles County Edible Food Recovery resources
• LA County Department of Public Health: Food donation guidance

Tier 1 and Tier 2 edible food generators must maintain on-site records of their food recovery activities for the City to be able to access when conducting site visit inspections. This recordkeeping includes the following:

• A list of each food recovery service or organization that collects or receives its edible food under a contract or written agreement
• A copy of contracts or written agreements between the edible food generator and a food recovery service or organization
• For each food recovery organization or service that the Tier 1 and Tier 2 edible food generators has a contract or written agreement with, records must be kept of:
  • The 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 organization
  • The established frequency that food will be collected or self-hauled
  • The quantity of food collected or self-hauled to a service or organization for food recovery. The quantity shall be measured in pounds recovered per month.

Tier 1 and Tier 2 EFGs are required by the City of Los Angeles to complete this Compliance Form annually.

CalRecycle also has a Model Recordkeeping Tool that you can access from their website.

Food recovery organizations need to maintain on-site records of the amount of food they are helping to recover and have them available for the City to be able to access when conducting site visit inspections. 

Record-keeping requirements for Food Rescue Organizations (i.e. Food Pantries and Feeding Sites)

• The name, address, and contact information for each Tier 1 or Tier 2 edible food generator that the organization receives edible food from
• The quantity in pounds of edible food received from each Tier 1 or Tier 2 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

Record-keeping requirements for Food Recovery Services (i.e. Transportation) 

• The name, address, and contact information for each Tier 1 or Tier 2 edible food generator that the service collects edible food from
• The quantity in pounds of edible food collected from each Tier 1 or Tier 2 edible food generator per month
• The quantity in pounds of edible food transported to each food recovery organization per month
• The name, address, and contact information for each food recovery organization that the service transports edible food to for food recovery

Edible food generators and food recovery organizations can use a variety of methods to maintain records. One resource for EFGs and FROs is CareIt, a food donation and rescue software that makes it easy for businesses and institutions to donate surplus food and goods directly to local nonprofits. Within this software, businesses can post donations for nonprofit organizations to pick-up, generate contracts between themselves and food recovery organizations, and maintain records of the amount of food rescued.

CalRecycle also has a Model Recordkeeping Tool that you can access from their website.