SB 1383 requires certain food businesses to partner with food recovery organizations to donate the maximum amount of edible food they would otherwise dispose of.

Food donors will have to establish contracts or written agreements with food recovery organizations so that the maximum amount of their excess edible food is recovered to feed people. 

Food donors will also have to keep records of the following information to demonstrate compliance:

• Types of food recovered 

• Pounds of food recovered 

• Frequency that the food is recovered

Food donors will have to track the amount they donate by weight and maintain up-to-date records. Jurisdictions are required to educate food donors about these requirements and monitor their compliance. 

Surplus food is healthy, edible food that has been identified as excess and not sold because of:

• Appearance
• Age
• Freshness
• Grade
• Size/shape
• Over supply

Edible food includes but is not limited to:

• Prepared foods
• Packaged foods
• Produce

Protection for businesses from liability when donating

The "Bill Emerson Good Samaritan Food Donation Act" (Public Law 104-210) makes it easier for businesses to donate to food rescue and food bank programs. It protects donors from liability when donating to nonprofit organizations and protects donors from civil and criminal liability should the product donated in good faith cause harm to the needy recipient.

All food donations must meet the food safety requirements of the California Retail Food Code (PDF download)

• For more information on safe surplus food donation and food safety, please visit the California Conference of Directors of Environmental Health website.

• Safe Surplus Food Toolkit (PDF download) (guidance for food facilities)

• Food Donation Resources from the Public Health Alliance of Southern California

SB 1383 phases food donors in under two tiers. The first tier is required to donate starting in 2022. The second tier is required to donate starting in 2024. Mandated food donors can help their communities now by starting to work with local food banks, food pantries, and other food recovery organizations and services.

Business Resources

• Where to Donate: List of Food Recovery Organizations and Feeding Agencies
• Too Good To Waste (County of San Diego)

Required Documentation

CalRecycle, per SB 1383, requires that Tier 1 and Tier 2 businesses have a written agreement with any and all food recovery organizations that receive the business’ excess edible food. The City and CalRecycle have drafted a sample Food Recovery Partnership Form and Agreement to assist with this requirement. Please complete either document and email it to the City annually at environmentalservices@chulavistaca.gov

• City’s Food Recovery Partnership Form – Coming soon!
• CalRecycle’s Model Food Recovery Agreement (Word document) 

Proactively completing and submitting the form and/or agreement helps to ensure compliance with these requirements and could potentially mitigate the need for an on-site inspection.

For full detail about what is required by the state for edible food recovery programs, please visit CalRecycle’s Food Recovery in California webpage or email SLCP.organics@calrecycle.ca.gov.

Got Questions? Contact Us!

The City of Chula Vista provides technical assistance and support for businesses interested in food recovery, email environmentalservices@chulavistaca.gov for assistance.