Commercial Food Generators Edible Food Recovery Requirements

 One component of Senate Bill 1383 is its requirement to enter into food recovery agreements for certain commercial food generators. Some food generators will be required to begin their food recovery agreements by January 1, 2022, and others will be required to begin their food recovery agreements by January 1, 2024. A list of food recovery organizations can be found here. The regulations have split most food generators into two categories: Tier One and Tier Two.

Tier One Generators:

  • Supermarkets

  • Grocery stores with a total facility size equal to or greater than 10,000 square feet

  • Food service providers

  • Wholesale food vendors

Tier Two Generators:

  • Restaurants with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet

  • Hotels with an on-site food facility and 200 or more rooms

  • Health facilities with an on-site food facility and 100 or more beds

  • Large venues (permanent venues that serve an average of more than 2,000 per day of operation)

  • Large events (events that serve an average of more than 2,000 individuals per day) 

 

How to Comply

  1. Businesses MUST arrange to recover the maximum amount of edible food that would otherwise be disposed of.

  2. Businesses MUST enter into a contract or written agreement with any or all of the following food recovery entities.

  • Food recovery organizations or services that will collect their edible food for food recovery.

  • Food recovery organizations that will accept the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.

   3. Upon completion of entry into an agreement with the above, businesses are required to maintain records devoted to each 
       organizational agreement. Records MUST include:

  • A copy of the contract/written agreement.

  • Name, address and contact information of the service or organization.

  • Types of food that will be collected/are collected by or self-hauled to the service or organization.

  • The established frequency (how often) food will be collected or self-hauled.

  • The quantity (measured in pounds) of food collected or self-hauled to a service or organization for food recovery.

   

    4. Businesses must not intentionally spoil edible food that is capable of being recovered by a food recovery organization.

    

For a list of food recovery organizations within Stanislaus County, please click here.

FREQUENTLY ASKED QUESTIONS

  • Who must comply with these changes?
    All businesses identified as a Tier One food generator must comply by January 1, 2022. Tier Two generators must comply by January 1, 2024

     

  • Where can I take my edible food donations?
    For a list of food recovery organizations within Stanislaus County, please
    click here.
     

  • Can I be sued for donating food that gets someone sick?
    No! Existing law specifies that a food facility that donates any food that is fit for human consumption at the time it was donated to a nonprofit charitable organization or a food bank is not liable for any damage or injury resulting from the consumption of the donated food unless the injury resulted from negligence or a willful act in the preparation or handling of the donated food.

     

  • Who can I contact with questions about these changes?
    For more information, please contact the Department of Environmental Resources, Solid Waste Division at 209-525-6700.