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Recycling and Waste Reduction Division
Recycling and Waste Reduction Division

Food recovery organizations and services

California’s Short-Lived Climate Pollutant Reduction law (SB 1383) took effect January 1, 2022. To reduce food waste and help address food insecurity, SB 1383 requires that by 2025 California will recover 20 percent of edible food that would otherwise be sent to landfills, to feed people in need. The portions of the law related to edible food recovery are being implemented in Santa Clara County by the Santa Clara County Food Recovery Program, currently managed by Joint Venture Silicon Valley. To learn more about SB 1383, click here.

Requirements for food recovery organizations and services

SB 1383 requires Tier 1 and Tier 2 businesses and organizations to donate the maximum amount of their edible food that would otherwise be disposed, and to maintain contracts or written agreements with all organizations recovering food from their locations. (Contracts are not required for Tier 2 businesses and organizations until January 1, 2024. See graphic below for descriptions of Tier 1 and Tier 2 businesses and organizations.) 

Food recovery organizations and services headquartered in Santa Clara County that hold a contract or written agreement with a Tier 1 or Tier 2 business or organization must meet the following requirements in order to be in compliance with SB 1383 and related local ordinances: 

  • Maintain the following records for food recovery activities with Tier 1 and Tier 2 businesses and organizations:
    • 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)
    • 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. 

(Note: Second Harvest Food Bank manages SB 1383 contracts for all Tier 1 and Tier 2 businesses and organizations participating in their Grocery Rescue program. If your organization or service only recovers food through the Second Harvest Grocery Rescue Program, you don’t need to hold a contract or submit an SB 1383 Food Recovery Report. Your organization is still required to provide information for capacity planning purposes. See Decision Tree below for more details.)

If your organization would like to be included in our List of Food Recovery Organizations and Services currently looking for new food recovery partnerships, or if you are interested in participating in food recovery pilot projects, please contact us!  

If you would like to know more about plans for expanding food waste prevention and food recovery efforts locally, read the report Making the Most of Surplus Food in Santa Clara County.

What are Tier 1 and Tier 2 businesses and organizations?

DEFINING TIER ONE AND TIER TWO COMMERCIAL EDIBLE FOOD GENERATORS

Resources for food recovery organizations and services

Letter to our Food Recovery Partners

Sample Contract: The Silicon Valley Food Recovery Council​ supports the use of this sample contract. This template offers a great starting point from which to build a contract that meets your organization’s specific circumstance and needs. The sample contract includes the Food Safety Protocols, developed by the Silicon Valley Food Recovery Council. Note: this is a comprehensive template designed to offer language for a wide scope of food recovery agreements between business and organization of various types and sizes. Please edit and adapt as necessary to fit your specific circumstance and needs.

Protocols for Safe Food Donation established by the Silicon Valley Food Recovery Council

Safe Food Recovery educational one-sheets for each Tier 1 and Tier 2 industry group

Questions and technical assistance

If you have questions regarding SB 1383 compliance please visit the FAQ page or contact us to request technical assistance or to sign up for a training session.