Senate Bill 1383 requires Tier 1 and Tier 2 edible food generators to do the following: 

1. Recover excess edible food - SB 1383 does not require all excess edible food to be donated. It does however, state the following for Tier 1 and Tier 2 edible food generators: 
   • Edible food generators shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or service.
   • Edible food generators are allowed to give away excess food to employees, take it home for personal use, give it away to customers, etc.
   • Edible food generators must recover (for human consumption) the maximum amount of edible food that would otherwise be disposed. This can be accomplished by donating or paying for the food to be recovered by a food recovery organization or service, which includes, but is not limited to food banks, food pantries, soup kitchens, for-profit food recovery services and other non-profits that distribute food to people in need.
   • A large venue or large event operator that does not provide food services, but allows for food to be provided, shall require food facilities operating at the large venue or large event to comply with the SB 1383 edible food recovery requirements.
2. Establish contracts or written agreements - Tier 1 and Tier 2 generators must establish contracts or written agreements with food recovery organizations and services. Food recovery organizations and services vary in the amount and types of food they can receive, so edible food generators may need to establish contracts or written agreements with multiple food recovery organizations and services to be in compliance. CalRecycle has developed a Model Food Recovery Agreement that can be used as a template. These contracts can include the establishment of a regular edible food delivery or collection schedule, identifying allowable edible foods for recovery, and cost-sharing options.
3. Maintain Recordkeeping- Tier 1 and Tier 2 edible food generators must maintain records of their food recovery activities. This recordkeeping includes the following:
   • A list of each food recovery service or organization that collects or receives its edible food under a contract or written agreement
   • A copy of contracts or written agreements between the edible food generator and a food recovery service or organization
   • For each food recovery organization or service that the Tier 1 and Tier 2 edible food generators has a contract or written agreement with, records must contain:
     • The name, address and contact information of the service or organization
     • The types of food that will be collected by or self-hauled to the service organization
     • The established frequency that food will be collected or self-hauled
     • The quantity of food collected or self-hauled to a service or organization for food recovery. The quantity shall be measured in pounds recovered per month. 

The “Bill Emerson Good Samaritan Food Donation Act” (Public Law 104-210) makes it easier for businesses to donate to food recovery organizations and services by protecting donors from liability when donating to nonprofit organizations. The act protects donors from civil and criminal liability should the product donated in good faith cause harm to the needy recipient.

More information for Tier 1 and Tier 2 edible food generators is available on the CalRecycle’s website.

The City is required to conduct annual inspections to verify tier one and tier two commercial edible food generators are recovering the maximum amount of edible food. The City will request the following types of records during inspections:

• Contract or written agreement information with food recovery organizations and services
• Schedules for food recovery deliveries or collections
• Quantity of food recovered in pounds per month
• Types of food each food recovery organization will receive or collect