Senate Bill (SB) 1383: California's Short-lived Climate Pollution Reduction Strategy Act

Senate Bill (SB) 1383 is a state law that aims to drastically reduce organic waste, conserve landfill space, and reduce methane emissions through mandatory organics recycling and edible food recovery for certain food-generating businesses. Methane, a short-lived climate pollutant, leaves the atmosphere quicker than carbon dioxide; yet over a 20 year span, it traps 84 times more heat than carbon dioxide (EPA). Massive reductions of organic waste from the landfill and beneficial reuse of this resource through organics recycling and edible food recovery will have a rapid and significant effect on global warming while building healthy soils and feeding hungry people.

 SB 1383 Objectives

• Reduce statewide disposal of organic waste 75% by 2025 (based on 2014 levels)
• Recover at least 20% of currently disposed surplus edible food by 2025

 La Mirada’s Edible Food Recovery Program

On January 1, 2022, SB 1383 went into effect, requiring businesses identified as a commercial edible food generator (EFG) to recover the maximum amount of edible food that would otherwise be disposed of. See below for details on which commercial edible food generators are affected by SB 1383 edible food recovery requirements. Food recovery organizations and services that receive food directly from EFGs must also maintain records of the donations they receive from businesses.

Commercial Edible Food Generator Requirements

Edible food generators (categorized as either Tier 1 or Tier 2 businesses under SB 1383) are required to ensure that no edible food is being disposed of. Options for diverting edible food include, but are not limited to, donating food to a local food recovery organization or service, allowing employees to have any leftover food, selling food at a discounted cost to customers, and reducing the amount of edible food being disposed of.

If donating to a local food recovery organization or service, CEFGs must maintain the following records:

• A copy of contracts/ written agreements with a food recovery service or organization
• A list of each food recovery service or organization that collects/receives edible food.
• The name, address, and contact information of the food recovery service or organization.
• A list of the types of food donated.
• The established frequency of food donation(s)
• The quantity of food donated (must be tracked by pounds per month)

The City of La Mirada and/or its contractor, ReCREATE Waste Collaborative, will be inspecting these donation agreements, as well as records of weights and food types donated each month.

Visit CalRecycle for more information and guidance on the food donation agreement: CalRecycle SB 1383 Webpage

• CalRecycle Model Food Agreement
• Edible Food Generator Outreach Packet

Donating food does not exempt a business from SB 1383's separate organics waste collection bin mandates unless they are eligible for a waiver. Only non-edible or non-donatable food should go in the organic waste recycling bin.

Tier 1 and Tier 2 EFG Definitions

Tier 1 (Compliance required by January 1, 2022)

• Supermarkets
• Grocery stores (with a total facility size 10,000 square feet or more)
• Food service providers
• Wholesale food vendors
• Food distributors

Tier 2 (Compliance required by January 1, 2024)

• Hotels with an on-site food facility (over 200+ rooms)
• Restaurant (over 5,000 sq. ft. or 250+ seating capacity)
• Health facilities with an on-site food facility (over 100 beds)
• State agency cafeterias (over 5,000 sq. ft. or 250+ seats)
• Local education facilities with an on-site food facility
• Large venues (seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation)
• Large event (serves an average of more than 2,000 individuals per day of operation)

What Food Can Be Donated?

EFGs should donate all surplus food that is fit for human consumption, regardless of its appearance or age. This includes edible, unspoiled packaged foods, even those that are past their "best by," "use by," "sell by," or "freshest by" dates.

Food Donation Liability: Your Business is Protected.

There are laws in place to protect businesses when donating food:

• California Department of Public Health: Legally protects food donations.
• The California Good Samaritan Food Donation Act (AB 1219): Provides liability protections for entities that make good faith donations of food.
• Bill Emerson Good Samaritan Food Donation Act: Protects businesses from civil and criminal liability arising from the nature, age, packaging, or condition of apparently wholesome food or an apparently fit grocery product that the person or gleaner distributes in good faith to a non-profit organization for ultimate distribution to needy individuals.

Food donations may be eligible for a tax write off.

Food Waste Prevention Tips for Commercial Edible Food Generators:

• Reduce the volume of surplus food generated.
  • Conduct an internal assessment to determine where, when, and how much surplus is generated in your operations.
  • Increase communication with suppliers about food waste to minimize over-ordering.
• Create a discount shelf area for ripe or nearly expired food or use an app like Too Good to Go to sell food to customers at discounted rates.
• Use leftover food creatively!
  • Turn stale bread into croutons for salads.
  • Shift to a cook-to-order production instead of bulk-cooking all day.
  • Use ripe vegetables and close-to-expiring meat in soups and other prepared dishes.
• Make surplus food available to staff.
  • Business protections are strengthened by the Federal Food Donation Improvement Act.
• Remember that, all food past its "expiration" date is still considered fit for human consumption and must be attempted to be donated, with the exception of baby food and baby formula.
  • Interpreting Label Dates

Food Recovery Organizations (FRO’s) Operating In La Mirada

The organizations listed below may be able to receive edible food donations from EFGs. Please reach out to them directly to establish a program.

Food Recovery Organizations and Services Requirements

To assist the City of La Mirada in its efforts, food recovery organizations (FROs) and services (FRSs) are required to maintain records of the donations they receive from EFGs. FROs/FRSs that provide food donation contracts to EFGs are required to maintain and provide all necessary recordkeeping during inspections:

• The name, address, and contact information for each EFG that the food recovery organization receives edible food from
• The quantity of edible food received/collected from each EFG (must be tracked by pounds per month)
• The name, address, and contact information for each FRS that the FRO receives edible food from (if applicable)
• Must provide to the city where it is located in an annual report of the amount of edible food, in pounds, recovered in the previous calendar year

Helpful Links:

CA Food Banks

LA County SB 1383 Resources