FAQs
General
What is edible food recovery and why is it important?
Edible food recovery means collecting nutritious, edible food that would otherwise go to waste and redistributing it to feed people in need. This includes food that is not sold because of appearance, age, freshness, grade, size, and surplus. Edible food includes but is not limited to prepared foods, packaged foods, and produce. Californians send 11.2 billion pounds of food scraps or food waste to landfills each year, of which one million tons are potentially donatable, edible food. While healthy food goes to waste, millions of Californians don’t have enough to eat. In May 2020, 9.2 million Californians (23% of California’s population) didn’t know where their next meal would come from, according to the COVID Impact Survey.
To reduce waste and address food insecurity, surplus food still safe for people to eat can go to food banks, soup kitchens, and other food recovery organizations and services to help feed Californians. Food that ends up in a landfill also creates methane, a potent greenhouse gas that is 25 times more powerful than carbon dioxide, speeding up climate change. Composting food is better than sending it to the landfill, but not as good as recovering it to feed people. So edible food recovery is not only a vital way for California to conserve resources that go into growing, processing and distributing that food, but also fighting climate change!
What is Senate Bill 1383 (SB 1383)?
In 2016, Governor Brown signed Senate Bill 1383 to reduce greenhouse gas emissions from a variety of short-lived climate pollutants, including methane from organic waste. SB 1383 sets a goal for California entities to reduce disposal of organic waste in the landfill, including food that can still be eaten. The law establishes several statewide goals, including:
- By 2020, reduce the amount of organic material disposed in landfills by 50% from the 2014 level,
- By 2025, reduce the amount of organic material disposed in landfills by 75% from the 2014 level, and
- By 2025, recover 20% of currently disposed edible food for human consumption.
Who is affected by the edible food recovery requirements of SB 1383?
The edible food recovery requirements of SB 1383 affect Tier One and Two Businesses and Organizations (commercial edible food generators), food recovery organizations and services, and local jurisdictions (cities and counties). In order to meet the statewide 20% food recovery goals, local jurisdictions are supporting entities and food recovery organizations with educational and planning tools, as well as monitoring and reporting, via the Santa Clara County Food Recovery Program.
What is the Santa Clara County Food Recovery Program?
The Santa Clara County Food Recovery Program was created by the jurisdictions of Santa Clara County to implement the food recovery requirements outlined in SB 1383, and to provide education and technical assistance to businesses and organizations regulated under the new law.
Who manages the Santa Clara County Food Recovery Program?
The Santa Clara County Food Recovery Program is managed by Joint Venture Silicon Valley under a contract with the Recycling and Waste Reduction Commission of Santa Clara County, through its Implementation Committee, with representation from all the cities and unincorporated county areas of Santa Clara County. The Program is funded by Santa Clara County and the named entities. The monitoring and inspecting of surplus food generators, food recovery organizations and their services is carried out independently by Joint Venture's Food Recovery Initiative and is subject to oversight by Santa Clara County and its jurisdictions alone. To learn more about Joint Venture Silicon Valley and the Food Recovery Initiative, visit our website.
Who can I contact for technical assistance or more information?
Please use the Contact Us page or email us at f[email protected] to reach out for further information.
Where can I find the city code related to the food recovery requirements that apply to my business or organization?
Below are links to the ordinances regulating food recovery under SB 1383 for each jurisdiction in Santa Clara County. These ordinances are based on a model ordinance, created collaboratively by Joint Venture Silicon Valley and city and county government representatives, which each jurisdiction tailored and passed locally. These ordinances allow a “designee,” which the jurisdictions have identified as Joint Venture Silicon Valley, to conduct food recovery program activities, including the administration of reporting requirements and inspections, on behalf of the jurisdictions. Click on your jurisdiction below to read the local ordinance that applies to your Tier 1 or 2 business or organization, or Food Recovery Organization or Service.
| Campell | Morgan Hill |
| Cupertino | Mountain View |
| Gilroy | Palo Alto |
| Los Altos | San Jose |
| Los Altos Hills | Santa Clara |
| Los Gatos | Saratoga |
| Milpitas | Sunnyvale |
| Monte Sereno | Unincorporated Santa Clara County |
Tier One and Two Businesses
What is a Tier One Generator?
Tier One Commercial Edible Food Generators, also called Tier One Entities or Tier One Businesses, typically have more produce, fresh grocery and shelf-stable foods. They are large commercial edible food businesses/entities that fit into one of the following categories:
- Supermarkets with gross annual sales of $2 million dollars or more
- Grocery stores with a total facility size equal to or greater than 10,000 square feet
- Food service providers
- Food distributors
- Wholesale food vendors
All Tier One Businesses must comply with SB 1383 requirements by January 1, 2022.
What is a Tier Two Generator?
Tier Two Commercial Edible Food Generators, also called Tier Two Entities or Tier Two Businesses and Organizations, typically have more prepared foods, which often require more careful handling to meet food safety requirements. They are large commercial edible food entities that fit into one of the following categories:
- 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 that annually seat or serve an average of more than 2,000 individuals per day of operation
- Large events that serve an average of more than 2,000 individuals per day of operation
- State agencies with a cafeteria with 250 or more seats or a total cafeteria facility size equal to or greater than 5,000 square feet
- Local education agencies with an on-site food facility
All Tier Two Businesses and Organizations must comply with SB 1383 requirements by January 1, 2024.
What if my business or organization was incorrectly categorized as a Tier One or Tier Two Business or Organization?
If you think your business or organization was incorrectly categorized, please contact [email protected] and attach any proof that your business does not classify as a Tier One or Tier Two Business or Organization.
Example: If your business is less than 10,000 square feet and you are a grocery store assigned a Tier One status, you may attach proof of smaller square footage, and a staff member will contact you.
What do Tier One and Two Businesses and Organizations need to do?
Tier One and Tier Two Businesses and Organizations will need to do the following to comply with SB 1383 requirements:
- Recover the maximum amount of surplus edible food that would otherwise be disposed (e.g. in compost or landfill) to feed people,
- Have a written agreement or contract with each food recovery organization/service that picks up or receives edible food from your location, and
- Maintain records of type, frequency, and pounds of food recovered each month.
- Annually, each regulated entity will need to report on their food recovery efforts. Please ensure that the Program has a current email address so a unique reporting link may be shared. Email addresses can be updated on the Contact Us page.
How do I safely recover edible food?
Safe edible food recovery depends on the type of food being recovered. Review the Santa Clara County Protocols for Safe Food Donation for best practices. The protocols are broken down by type of food, including prepared foods, meat, poultry, fish, dairy, eggs, produce, deli foods, bakery and dry grocery foods. More detailed recommendations can be found in the California Safe Surplus Food Donation Guide. These all follow CalCode food safety laws. You may also review the Edible Food Recovery Tips & Tricks for more information.
To encourage companies to recover surplus food, the government instituted the Good Samaritan Food Donation Act to protect donors from criminal and civil liability when donating to a hunger relief organization, including if the product donated in good faith later causes harm to the recipient.
How do I find a food recovery organization/service to work with?
Check out our List of Food Recovery Organizations and Services. Learn more about how to connect with a local food recovery organization or service here.
What kind of food recovery agreement or contract do I need to have in place?
The food recovery organization or service you’re working with may already have an agreement or contract template that they prefer to use. If not, you can use our sample contract here, as a starting point.
My business or organization already donates or otherwise recovers surplus edible food. Do we need to do anything differently?
If you already recover some of your surplus edible food, that is a great start. As a Tier One or Two Business or Organization you need to make sure you are meeting ALL of the requirements under SB 1383, including recovering the maximum amount of edible food that would otherwise be disposed of, having a contract or written agreement with a food recovery organization/service, and maintaining records of type, frequency, and pounds of food recovered each month.
What if my business or organization has minimal or no surplus edible food to recover?
Even if your business recovers little to no surplus food, we strongly encourage you to connect and contract with a food recovery organization or service. It’s important to remember that SB 1383 regulations and related local ordinances require you to recover surplus food anytime you have it, even if that occurs only occasionally or unexpectedly. By taking the simple step of contracting with a food recovery organization or service now, regardless of how often you need to use it, you will avoid having to scramble when you find yourself with surplus food that is legally required to be recovered.
Please visit our List of Food Recovery Organizations and Services to find a food recovery partner that fits your needs.
Whether or not you recover any surplus food you are still required to submit Food Recovery Reports, which are distributed by the Santa Clara County Food Recovery Program.
What if I am a school/local education agency with an external food service provider for lunches?
If your school uses an external food service provider for breakfast, lunch, vending, etc., such as ChoiceLunch, you will still be required to comply with SB 1383 as a Tier Two Organization if any of the above types of food facilities apply to your location.
How are schools and school districts regulated under the law?
Local Education Agencies (LEAs) with an onsite food facility are classified as Tier Two Organizations. LEAs are responsible for ensuring that all schools within their district with onsite food facilities are in compliance with SB 1383 edible food requirements.
According to CalCode (Article 2, Section 113789), a "Food facility" means an operation that stores, prepares, packages, serves, vends, or otherwise provides food at the retail level, including operations where food is consumed on or off the premises, regardless of whether there is a charge for the food. A food facility is also any place used in conjunction with the operations described above, including, but not limited to, storage facilities for food-related utensils, equipment, and materials.
"Food facility" includes permanent and nonpermanent food facilities, including:
- Public and private school cafeterias
- Restricted food service facilities
- Commissaries
- Mobile food facilities
- Mobile support units
- Temporary food facilities
- Vending Machines
Private schools with cafeterias that are ≥ 5,000 sq ft and/or have 250+ seats are considered Tier Two Organizations and must comply with SB 1383 edible food requirements.
Food Recovery Organizations/Services
What is a food recovery organization? What is a food recovery service?
- Food recovery organizations (sometimes abbreviated as FRO) engage in the collection or receipt of edible food for distribution to people in need, either directly or through other charitable organizations and groups.
- A food recovery service (sometimes abbreviated as FRS) is a person or organization that collects and transports edible food to a food recovery organization or other groups for distribution to people in need.
Is my food recovery organization or service regulated under SB 1383 and related local ordinances?
- If you are based in Santa Clara County and have a contract or written agreement with one or more Tier 1 or Tier 2 businesses and organizations, then you are required to comply with SB 1383 and related local ordinances.
- If you do not have a contract or written agreement with any Tier 1 or Tier 2 businesses or organizations, then you are not required to comply with SB 1383 and related local ordinances.
NOTE: All Tier 1 and Tier 2 businesses and organizations are required to maintain contracts or written agreements with each food recovery organization and service they donate food to.
- If you are headquartered outside of Santa Clara County, then you must comply with local ordinances related to SB 1383 in the county in which you are located. However, if you operate in Santa Clara County, you are expected to cooperate with local government on food recovery planning efforts, including completing capacity surveys (planned next for late 2023/early 2024).
What if I want to start recovering food?
- If you would like to begin recovering food, please contact us to sign up for a training session.
- If you would like to be included on our List of Food Recovery Organizations and Services currently looking for new food recovery partnerships, please contact us.
What do food recovery organizations and services regulated under SB 1383 need to do to comply?
Tier 1 and Tier 2 businesses and organizations are required to establish a contract or written agreement with all organizations recovering food from their locations. Food recovery organizations and services that hold a contract with any Tier 1 or Tier 2 businesses or organizations are required to:
Maintain the following records for food recovery activities with Tier 1 and Tier 2 businesses and organizations:
(a) Name, address and contact information of the involved parties (i.e. the Tier 1 or Tier 2 business or organization and, if applicable, additional food recovery organization or service involved in food distribution)
(b) The quantity of edible food collected, transported, and/or received per month (in pounds)
- Complete a Food Recovery Report by May 1 each year for food recovery activities in the previous calendar year, including pounds of food recovered from Tier 1 and Tier 2 businesses and organizations. The Santa Clara County Food Recovery Program will send a unique link to each FRO/S ahead of the reporting deadline each year. If you need to update your food recovery reporting email, please contact us.
- Cooperate with local government on food recovery capacity planning efforts. Joint Venture’s Food Recovery Initiative will reach out to food recovery organizations and services to assess capacity in late 2023 / early 2024.