What is Considered Edible Food? 

Edible food is food intended for people to eat, including food not sold because of appearance, age, freshness, grade, surplus, etc. Edible food includes, but is not limited to, prepared foods, packaged foods and produce. All edible food must meet the food safety requirements of the California Retail Food Code (PDF).

Why Donate Excess Edible Food?

What are the benefits of having an edible food recovery program? 

• Helps you comply with SB 1383. 
• Helps the environment by diverting food waste from the landfill. 
• Can help feed your neighbors in need. Nearly 5 million Californians struggle with food insecurity.
   Addressing food insecurity makes a huge difference in our community.

Who Must Comply?

Businesses (known as “generators”) producing, selling and/or serving food must arrange to recover and donate the maximum amount of edible food that otherwise would be thrown away. Generators are categorized under two tiers. Tier 1 and Tier 2 Edible Food Generators.

Tier One Donors

Required to Send Surplus Food to Food Organizations Starting January 1, 2022

• Supermarkets with revenue ≥ $2 million.
• Grocery Stores with Facilities ≥ 10,000 sq. ft.
• Food Service Providers
• Food Distributors
• Wholesale Food Vendors

Tier Two Donors

Required to Send Surplus Food to Food Organizations Starting January 1, 2024

• Restaurants with Facilities ≥ 5,000 sq. ft. or 250+ seats
• Hotels with an On-Site Food Facility and 200+ Rooms
• Health Facilities with an On-Site Food Facility and 100+ Beds
• Large Venues and Events
• State Agency Cafeterias with Facilities ≥ 5,000 sq. ft. or 250+ seats
• Local Education Agency with an OnSite Food Facility
• Non-Local Entities

Required Documentation and Recordkeeping for Edible Food Recovery Generators

CalRecycle, per SB 1383, requires that Tier 1 and Tier 2 generators have a written agreement with any and all food recovery organization and/or service that receive the business’ excess edible food.

Tier 1 and 2 generators must maintain records of the following:

• Schedules for food donation deliveries or collections
• Quantity of food donated in pounds per month
• Types of food each food recovery organization and service will receive or collect

Edible Food Recovery Organizations and Food Recovery Services

SB 1383 requires Tier 1 and Tier 2 edible food generators to recover (for human consumption) the maximum amount of their edible food that would otherwise be disposed, but it does not require food recovery organizations and services to participate. Each food recovery organization and service can decide if they would like to work with edible food generators and what, if any, food they will take.

More information for food recovery organizations is available on CalRecycle’s website.

Federal Good Samaritan Food Donation Act

Donors are protected under the Federal Bill Emerson Good Samaritan Food Donation Act: “a person or gleaner shall not be subject to civil or criminal liability arising from the nature, age, packaging, or condition or apparently wholesome food or an apparently fit grocery product that the person or gleaner donated in good faith to a nonprofit organization for ultimate distribution to needy individuals.”

Additional Resources

CalRecycle Edible Food Recovery Website

CalRecycle Model Food Recovery Agreement

List of Local Food Recovery Organizations and Services

Find a Food Recovery Partner – provided by FoodDrop LA

FoodDonation Guidelines.pdf (lacounty.gov) – provided by Los Angeles County Health Department

Safe Surplus Food Donation Toolkit – guidance for food facilities on best donation practices.