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

How can Zero Waste Marin help me comply with the edible food requirements?

Zero Waste Marin is administering a pilot mini-grant program that aims to provide support to businesses that need to comply with the edible food requirements included in SB 1383. If successful and if budget allows, this program could possibly expand in the future to help additional businesses.

Mini Grant Amount: Up to $7,500.

Deadline: Mini grant applications will be reviewed as they are received, and funds will be available until the total mini grant allocation is spent down.


  • Must be an edible food generator covered under the edible food donation requirements in SB 1383
  • Must be located within Marin County

Rules for Expending Grant Funds:

Grant recipients will have the following options for spending grant funds:

  • Order from Fishman Supply: Grant recipients can send links of items available on the Fishman Supply website to Zero Waste Marin staff for ordering. Zero Waste Marin staff will order the items (up to the maximum grant amount) and have them shipped to the business address provided. Items must be related to edible food recovery: e.g., kitchen food scales, storage solutions, etc.
  • Food Waste Reduction Service: Grant recipients can opt to work with a service such as LeanPathCopia, or a similar service that will help analyze the food waste generated at a business and provide suggestions for ways to reduce food waste. Zero Waste Marin will pay for the cost of this service, up to the maximum grant amount. Please note that eligible costs under this part of the mini grant would only be for a service that helps a business identify ways to reduce how much food is wasted through better ordering practices or food preparation etc. Costs associated with food pick-up and donation would not be eligible, as there are already free options for this service available in the County of Marin.
  • Reimbursement: If the grant recipient does not wish to pursue either of the options above, Zero Waste Marin will reimburse expenses directly related to edible food recovery such as a refrigerator, refrigerated van, etc. The grantee will be responsible for providing an invoice of the related expense to Zero Waste Marin staff, who will then verify the invoice and reimburse the business up to the maximum grant amount.

How to apply:

Fill out the online form available online here. If you need the questions in Spanish, please email Casey Fritz at


Print This Page Print This Page