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As your first step in this process, please make sure this regulation applies to your business.

DEFINING TIER ONE AND TIER TWO COMMERCIAL EDIBLE FOOD GENERATORS

So, who exactly is affected by SB 1383 and when?

SB 1383 places commercial edible food generators into two tiers. This tier system allows businesses and local governments more time to prepare to expand or build new food recovery infrastructure for foods that are harder to safely store and distribute.  

  • Tier One Commercial Edible Food Generators, called Tier One Businesses, typically have more produce, fresh grocery and shelf-stable foods.

  • Tier Two Commercial Edible Food Generators, called Tier Two Businesses and Organizations, typically have more prepared foods, which often require more careful handling to meet food safety requirements.

DEFINING TIER ONE AND TIER TWO COMMERCIAL EDIBLE FOOD GENERATORS

    Required to recover as much surplus edible food as possible starting January 1, 2022 

    • Supermarkets with revenue ≥ $2 million. 

    • Grocery Stores with Facilities ≥ 10,000 sq. ft. 

    • Food Service Providers 

    • Food Distributors 

    • Wholesale Food Vendors 

    Required to recover as much surplus edible food as possible starting January 1, 2024 

    • Restaurants with Facilities ≥ 5,000 sq. ft. or 250+ seats 

    • Hotels with an On-Site Food Facility and 200+ Rooms 

    • Health Facilities with an On-Site Food Facility and 100+ Beds 

    • Large Venues and Events 

    • State Agency Cafeterias with Facilities ≥ 5,000 sq. ft. or 250+ seats 

    • Local Education Agency with an On-Site Food Facility 

    • Non-Local Entities 

    You should hear from the Santa Clara County Food Recovery Program if your business or organization falls under the Tier One or Tier Two classification. If you have been contacted but believe this law does not apply to you, please contact us and attach any proof that your business does not qualify as a Tier One or Tier Two Entity.

    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.

    FOOD SERVICE PROVIDERS WITH HEADQUARTERS OUTSIDE OF SANTA CLARA COUNTY

    If you are a food service provider, but the headquarters of your business are not located in Santa Clara County, this law applies to you and you must recover the maximum amount of surplus food. You will be inspected by the county where your headquarters are located, and will not need to report in Santa Clara County.

    Replace with: Some locations have systems already in place to distribute surplus edible food for human consumption through means other than food recovery organizations or services. This could be a hotel that distributes all leftover meals to staff, or a school that uses leftover lunches in their afterschool programs. If you already have a system that prevents all edible food from entering the waste stream - good for you! It is still advisable to contract with a food recovery organization in case you find certain situations where you have unexpected surplus food. Even if these situations are infrequent, you are required by law to ensure that any such surpluses do not go to waste. You will report to the County each year on your activities and report on the amount of edible food recovered under a contract, even if that amount ends up being zero.

    Although better than landfilling your surplus food, composting or distributing for animal feed are not allowable uses for edible food under this new legislation. ALL edible food must be distributed for human consumption, and you must follow the eight steps on this website to ensure that your food recovery program is set up safely and effectively. Composting and distributing for animal feed continue to be the best option for inedible food- like seeds, stems and coffee grounds, and other organic waste like paper towels.

    Businesses and Organizations that recover zero pounds of food are still required to submit a Food Recovery Report.

    Maybe your business or organization by nature generates very little or no surplus, or you have measures in place to prevent food from going to waste. Prevention measures may include discounted selling for products nearing the end of their shelf life, or extending product shelf life by juicing or freezing (to learn more visit our Prevention Tips and Resources). If so, that’s great; prevention is an important part of reducing food waste under Senate Bill 1383. 

    HOWEVER, even if your operation generates minimal or no surplus food we strongly encourage you to 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 you are legally required to donate.

     

    1. Food Distributor” means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores.

    2. Food Facility” has the same meaning as in Section 113789 of the Health and Safety Code​.

    3. Food service provider” means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations.         

    4. Grocery Store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments.

    5. Health facility” has the same meaning as in Section 1250 of the Health and Safety Code. 

    6. Hotel” has the same meaning as in Section 17210 of the Business and Professions code.

    7. Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements.

    8. Large Venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. A venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. A site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements.

    9. Local education agency” means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to solid waste. 

    10. Non-local entity” means an entity that is an organic waste generator but is not subject to the control of a City’s regulations related to solid waste. These entities may include, but are not limited to, special districts, federal facilities, prisons, facilities operated by the state parks system, public universities, including community colleges, county fairgrounds, and state agencies. 

    11. Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption. 

    12. Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items.

    13. Wholesale Food Vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination.​

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