Commercial edible food generators (categorized as Tier 1 or 2 businesses under SB 1383) are required to donate all surplus edible food to a food recovery organization or service, secured through a written contract/agreement, and maintain records of type, frequency and pounds of all food recovered each month as listed below. EFGs are required to maintain and provide all necessary contracts/written agreements and the following records during inspections:

• 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
• 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 Santa Clarita 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
• Commercial Edible Food Generator Outreach Packet
• Food Recovery Organization/Service 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.

Tier 1 (Compliance 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 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)

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 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.
• 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.

23752 Newhall Ave. Newhall, CA 91321
Nicole Feast Williams
(661) 254-4663

nicole.feast-williams@btohome.org
btohome.org