Frequently Asked Questions

1. 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.
2. 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. 
3. 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.

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.