SB 1383 Edible Food Recovery Requirement

What is edible food? 

Who Must Comply? 

SB 1383 identifies two categories of businesses that produce large amounts of edible food:

Tier 1 Edible Food Generators
• Grocery stores (10,000 sq. ft. or larger)
• Supermarkets with $2 million or more in annual sales
• Food service providers operating under contract
• Food distributors
• Wholesale food vendors

Tier 2 Edible Food Generators
• Restaurants with 250+ seats or ≥ 5,000 sq. ft.
• Hotels with on‑site food service and 200+ rooms
• Health facilities with on‑site food service and 100+ beds
• Large venues and large events serving more than 2,000 people per day
• State agencies with cafeterias (≥ 250 seats or ≥ 5,000 sq. ft.)
• Local education agencies with on‑site food facilities

What Tier 1 and Tier 2 Generators Must Do

1. Recover Surplus Edible Food

• Donate the maximum amount of edible food that would otherwise be disposed of.

• Food may be donated to food recovery organizations such as food banks, pantries, soup kitchens, or other qualified services.

• Excess food may also be given to employees or customers.

• Intentionally spoiling edible food is prohibited.

2. Establish Written Agreements

• Maintain contracts or written agreements with food recovery organizations or food recovery services.

• Agreements may include collection schedules, allowable food types, and handling expectations.

3. Maintain Required Records

Businesses must keep documentation of:

• Each food recovery organization or service used

• Contact information for each partner

• Copies of written agreements

• Types of food donated

• Donation frequency or schedule

• Pounds of food recovered per month

Large venues or events that allow third‑party food vendors must require those vendors to comply with SB 1383 as well.

4. Annual Reporting

Tier 1 and Tier 2 generators must provide annual food recovery data to the City of Fullerton (details to be provided).

Food Recovery Organizations and Services

A food recovery organization or service is any entity that collects, receives, transports, or distributes donated edible food to the public. Examples include:

• Food banks
• Soup kitchens
• Food pantries
• Nonprofit hunger‑relief programs
• For‑profit food recovery services

These organizations may see an increase in donation requests from SB 1383‑regulated businesses but are not required to accept food. Each organization may determine what foods to accept and the terms of its agreements.

How Food Recovery Organizations Comply

Tier 1 and Tier 2 food generators are required to follow the same compliance protocol on their respective effective dates.

Liability Protection

Food generators that donate food are protected by the Emerson Good Samaritan Food Donation Act and California AB 1219, as long as the food was donated in good faith and followed safe handling procedures.

Where are local food recovery organizations? 

OC Waste & Recycling's Edible Food Recovery Webpage

Fullerton's Food Recovery Organizations:

(H)- Hot Meal Program, (P)- Food Pantry

Food Waste Prevention Resources for Businesses

Keep up with the newest available food prevention resources to see how California's businesses are complying with SB 1383.