Edible Food Donation
To reduce unnecessary food waste and help address food insecurity, state law Senate Bill (SB) 1383 requires that by 2025, the state of California will recover and redistribute 20 percent of edible food that would have otherwise been sent to landfills.
What Is Edible Food? Edible food is food intended for people to eat, including food not sold because of appearance, age, 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).
SB 1383 requires certain businesses that are defined as either a “Tier 1” or “Tier 2” edible food generator to recover edible food and make formal arrangements for items to be donated to organizations that will distribute food to food insecure individuals and families in the community.
What is a Food Recovery Organization and Food Recovery Service?
Food Recovery Organization: An entity that engages in the collection or receipt of edible food from Tier 1 and Tier 2 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, food banks, non-profit charitable organizations, or non-profit charitable temporary food facilities.
Food Recovery Service: A person or entity that collects and transports edible food from a Tier 1 or Tier 2 edible food generator to a food recovery organization or other entity for food recovery.
Local Food Pantry Map
For those looking to receive food donations, click on the below map to see nearby locations distributing food. Click on each location’s icon for the organization’s name, address, and contact information. Note: Hours of operation and food donation availability are subject to change.
- What are the requirements for Tier 1 and Tier 2 edible food generators?
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- Recover excess edible food - SB 1383 does not require all excess edible food to be donated. Edible food generators are allowed to give away excess food to employees, take it home for personal use, give it away to customers, etc. It does however, state that:
- Edible food generators shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or service.
- Edible food generators must recover and donate the maximum amount of edible food that would otherwise be disposed of. This can be accomplished by donating food to a food recovery organization or service, such as a food bank, food pantry, soup kitchen, for-profit food recovery service, or other non-profit food recovery organization.
- A large venue or large event operator that allows food to be provided at events shall require food facilities operating at the large venue or large event to comply with the SB 1383 edible food recovery requirements.
- Establish contracts or written agreements - Tier 1 and Tier 2 generators must establish a contract or written agreement with a food recovery organization or service. Food recovery organizations and services vary in the amount and types of food they can receive, so edible food generators may need to establish multiple contracts or written agreements with various food recovery organizations and services to be able to comply.
- Maintain Recordkeeping - Tier 1 and Tier 2 edible food generators must maintain records of their food recovery activities. SB 1383 requires the City to perform occasional inspections of donation records for State reporting purposes. Please make sure to maintain the following records and have them readily available upon request:
- A list of each food recovery service or organization that collects or receives edible food under a contract or written agreement
- A copy of the contract or written agreement between the edible food generator and food recovery service(s) or organization(s)
- 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 contain:
- The name, address and contact information of the food recovery service or organization
- The types of food that will be collected by or self-hauled to the food recovery service or organization
- The established frequency that food will be collected by or self-hauled to the food recovery service or organization
- The quantity of food collected by or self-hauled to the food recovery service or organization. The quantity shall be measured in pounds recovered per month.
To help generators comply with food donation and recordkeeping requirements, the City has partnered with Careit, a food recovery application and software platform that can connect your business with local food recovery organizations. For more information about Careit, click on the Careit dropdown below or visit Careit’s website.
- Recover excess edible food - SB 1383 does not require all excess edible food to be donated. Edible food generators are allowed to give away excess food to employees, take it home for personal use, give it away to customers, etc. It does however, state that:
- What are the requirements for food recovery organizations and services?
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Food recovery organizations and services are not required to participate in state mandated food recovery efforts under SB 1383. However, if a food recovery organization or service does decide to accept or receive edible food from a Tier 1 or Tier 2 edible food generator, they are required to:
- Enter into a written agreement or contract with the Tier 1 or Tier 2 edible food generator. The contract or written agreement can include:
- Establishing a regular food recovery delivery or collection schedule,
- Identifying allowable foods for recovery, and
- Cost-sharing options (food recovery organizations and services do not need to accept recovered food for free, they can decide to charge for their collection/recovery services).
- Report the total pounds recovered from Tier 1 and Tier 2 edible food generators to the jurisdiction where their primary address is physically located. The City of Tustin will request this information annually from food recovery organization and services located within the City.
- Enter into a written agreement or contract with the Tier 1 or Tier 2 edible food generator. The contract or written agreement can include:
All food generating businesses and food recovery organizations and services in the City of Tustin have access to Careit, a food recovery application and software platform that connects businesses with local food recovery organizations. The City strongly encourages those applicable to take advantage of this free tool that can help increase food recovery in the community and help generators comply with SB 1383 recordkeeping requirements. For assistance with enrolling in Careit and utilizing the free application, contact the City’s consultant, EcoNomics, Inc. at tustinrecycles@economicsinc.net.
For more information, see the flyer below or visit Careit’s website.
The “Bill Emerson Good Samaritan Food Donation Act” (Public Law 104-210) was signed by President Bill Clinton in 1996. This federal law protects businesses from criminal and civil lawsuits when donating food to food recovery organizations and services in good faith. For more information, visit the USDA’s website.
Additionally, California Civil Code Section 1714.25 (a) states: “Except for injury resulting from negligence or a willful act in the preparation or handling of donated food, no food facility that donate any food that is fit for human consumption at the time it was donated to a nonprofit charitable organization, or food bank shall be liable.”
The information on this webpage has been summarized in this flyer for easy distribution. Please download and print for a quick reference.