SB 1383: How Businesses Must Comply

All Businesses:

Under California law SB 1383, all businesses and non-profit organizations are required to either:

  • Subscribe to and participate in their jurisdiction’s organics curbside collection service OR
  • Self-haul organic waste to a specified composting facility, community composting program, other collection activity or program.
  • cover of 1383 for BusinessesDownload: SB 1383 for Businesses

My business sells food, what are the additional requirements?

Certain commercial edible food generators are required by law to donate any surplus edible food they generate. The generators covered under the law are split into larger Tier 1 generators, and smaller Tier 2 generators.

Tier 1 Generators (must comply by 1/1/22)

  • Supermarkets
  • Grocery stores with 10,000+ square feet
  • Food service providers
  • Food distributors
  • Wholesale food vendors

Tier 2 Generators (must comply by 1/1/24):

  • Restaurants with 250+ seats or a total facility size of 5,000+ sq ft
  • Hotels with an on-site food facility and 200+ rooms
  • Health facilities with an on-site food facility and 100+ beds
  • Large venues that seat or serve 2,000+ people per day of operation
  • Large events that serve 2,000+ people per day of operation
  • State agencies with a cafeteria of 250+ seats or total cafeteria facility size of 5,000+ seats
  • Local education agencies with an on-site food facility

Businesses that fall into these categories and generate surplus excess edible food must contract with a food recovery organization to donate it. These entities must:

  • Recover the maximum amount possible of surplus edible food generated
  • Partner with one or more food recovery organizations (see below) or services to pick up or receive your surplus edible food
  • Have a written contract or agreement with the food recovery organization(s) or service(s). See the model edible food recovery agreement on the CalRecycle website.
  • Track and maintain records of food recovered each month including type, frequency of collection and amounts in pounds.
  • Report to Zero Waste Marin on the amount of surplus edible food recovered.

Food Recovery Organizations

Businesses may contract with the following food recovery organizations to be in compliance with SB 1383 (list subject to additions/change):

Organization Type
SF-Marin Food Bank Large volume donations
Copia Prepared foods, smaller volume
ExtraFood Prepared foods, smaller volume or larger donations
Open Door Ministries Prepared foods, smaller volume
Replate Prepared foods, smaller volume
Ritter Center Prepared foods, smaller volume
Salvation Army Prepared foods, smaller volume

Download: SB 1383 for Commercial Edible Food Generators


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