Edible Food Recovery for Businesses
Senate Bill 1383 (SB 1383) was adopted to reduce the 5-6 million tons of food wasted in California each year. The law requires a 20% reduction in disposed edible food by 2025.
SB 1383 requires cities and certain businesses to reduce food waste and recover edible food. Requirements vary depending on your business type and size.
To meet these requirements:
- Cities must establish organic waste recycling for all residents and businesses.
- Cities must implement edible food recovery programs to connect food generators with organizations that can redistribute food to those in need.
- Cities must ensure there is enough capacity countywide to recover and redistribute edible food.
- Certain businesses must arrange for food recovery by contracting with food recovery organizations and keeping records of donated edible food.
- Food recovery organizations and services must track and report the donated edible food they have collected.
Food generator tiers
Businesses are grouped into two tiers based on how much edible food they generate. Each tier has a different compliance timeline.
Tier 1 businesses were required to begin food recovery on Jan. 1, 2022.
Tier 2 businesses were required to begin food recovery on Jan. 1, 2024.
Tier 1 businesses
Tier 1 businesses were required to begin food recovery on Jan. 1, 2022, and must continue to comply with SB 1383 requirements.
Tier 1 includes:
- Supermarkets with annual revenue of $2 million or greater
- Grocery stores with 10,000 square feet or more
- Food service providers that primarily provide food services to institutional, governmental, commercial or industrial locations under contract
- Food distributors that supply food to businesses such as supermarkets and grocery stores
- Wholesale food vendors that receive, store, ship, prepare or distribute food for resale
Tier 2 businesses
Tier 2 businesses were required to begin food recovery on Jan. 1, 2024, and must continue to comply with SB 1383 requirements.
Tier 2 includes:
- Hotels with an on-site food facility and 200 or more rooms
- State agency cafeterias with seating for 250 or more, or 5,000 square feet or larger
- Large venues and events that serve an average of more than 2,000 individuals per day
- Food facilities and vendors operating at these events must also comply with SB 1383
- Local education agencies with an on-site food facility
- Restaurants and health facilities with seating for 250 or more, or 5,000 square feet or larger
Compliance requirements for businesses
To comply with SB 1383, Tier 1 and Tier 2 businesses must recover edible food, establish food recovery partnerships, maintain records and be prepared for inspections.
Recover edible food
SB 1383 does not require all excess edible food to be donated. However, Tier 1 and Tier 2 businesses must recover the maximum amount of edible food possible for human consumption.
Businesses must:
- Not intentionally spoil edible food that could be recovered by a food recovery organization or service
- Recover the maximum amount of edible food that would otherwise be disposed of
Businesses may:
- Give excess food to employees
- Take excess food home for personal use
- Provide excess food to customers
Donations can be made to food recovery organizations or services such as food banks, food pantries and nonprofit organizations.
Establish contracts or written agreements
Tier 1 and Tier 2 businesses must establish contracts or written agreements with food recovery organizations or services.
Because organizations vary in the types and amounts of food they can accept, businesses may need to work with multiple partners to meet requirements.
Contracts or agreements may include:
- A regular schedule for food donation or collection
- Types of food that can be accepted for recovery
- Cost-sharing arrangements
Maintain records
Tier 1 and Tier 2 businesses must maintain records of their food recovery activities.
Businesses must keep:
- A list of each food recovery organization or service they work with
- Copies of all contracts or written agreements
For each organization or service, records must include:
- Name, address and contact information
- Types of food collected or delivered
- Collection or delivery frequency
- Quantity of food recovered, measured in pounds per month
Businesses must also provide copies of contracts or written agreements to the City annually.
Annual edible food recovery information may be submitted using the Annual Edible Food Recovery/Donation Reporting Form (opens in new tab).
Compliance and inspections
Tier 1 and Tier 2 businesses are subject to inspection by the City of Lakewood to verify compliance with edible food recovery requirements.
During an inspection, the City may review:
- Contracts or written agreements with food recovery organizations or services
- Food recovery schedules
- Quantity of food recovered, measured in pounds per month
- Types of food collected by each organization
Businesses that are not in compliance will be notified and provided information to help them meet requirements.
As of Jan. 1, 2024, edible food generators may be subject to fines for non-compliance.
Additional resources
The following resources can help your business meet SB 1383 food recovery requirements.
These documents are provided by an external agency and may not be fully accessible. If you need assistance accessing this information, contact the Public Works Department at GreenTeam@lakewoodca.gov.
Food Donation FAQs
Some resources below link to external documents that may not be fully accessible. If you need assistance accessing this information, contact GreenTeam@lakewoodca.gov.
How do I make a food donation?
Contact the Public Works Department for guidance on getting started at GreenTeam@lakewoodca.gov or 562-866-9771.
Where can I donate food?
Food donation locations near Lakewood include:
- Rosewood Church — 10115 Rose Street, Bellflower, CA 90706
- Desert Reign — 11610 Lakewood Blvd., Downey, CA 90241
- Truett Memorial Southern Baptist Church — 3435 San Anseline Ave., Long Beach, CA 90808
- Downey First Church — 10909 New Street, Downey, CA 90241
- We Help Inc. — 1330 E. 16th Street, Long Beach, CA 90813
- Salvation Army Long Beach — 3092 Long Beach Blvd., Long Beach, CA 90807
- Long Beach City College — 4901 E. Carson Street, Long Beach, CA 90808
- Food Finders — 10539 Humbolt Street, Los Alamitos, CA 90720
- The Journey @ Mayfair Community Church — 6150 Bellflower Blvd., Lakewood, CA 90713
- Unitarian Universalist Church of Long Beach — 5450 E. Atherton Street, Long Beach, CA 90815
What is edible food?
Edible food is food intended for human consumption but remains unsold because of appearance, freshness, age, grade or surplus. Edible food includes, but is not limited to, prepared foods, packaged foods and produce.
Recovered food must still meet the food safety requirements of the California Retail Food Code.
What does food recovery mean?
Food recovery is the collection and redistribution of edible food that would otherwise be sent to landfills. Recovering edible food helps conserve resources and reduce waste.
Am I responsible if someone gets sick from donated food?
Businesses are covered by the Bill Emerson Good Samaritan Food Donation Act (PDF). The law protects good-faith food donors from civil and criminal liability if the donated product later causes harm to its recipient.
What if my business is unable to comply?
In certain circumstances, businesses may qualify for an exemption based on space constraints, quantity of food or third-party recycling programs.