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Tier One businesses will need to start food recovery programs by January 1, 2022 and Tier Two Businesses and Organizations will start by January 1, 2024. 

For this step, your business needs to separate and recover the maximum amount of edible food that would otherwise be disposed (in landfill or compost) to feed people instead.

The reasons surplus edible food might exist at your location vary, including:

  • Over ordering

  • Over production

  • Food near the end of its useful life, needing to be recovered before expiration.

  • Food your business considers unsaleable in some way, such as small fruit or day-old bread. 

All these foods are good candidates for recovery. 

To comply with this new law, you must ensure you recover all food that can safely be recovered and is safe to eat in a timely manner.

It is important that donating, receiving, and distributing surplus edible food is done safely to minimize food safety risks, although a special public health permit is not required. 

Our Tips and Tricks page dives deeper into the details of food recovery, helping you set up a program that is safe and effective.

Our Food Safety Protocols​​ page describes safe handling techniques and which foods are safe for recovery. For example, Businesses can donate prepared food but cannot donate food that they had previously served to a customer. 

    Donating food saves money, reduces waste, helps those in need, and more! 

    • Comply with SB 1383, the new law that requires certain businesses to donate the maximum amount of their surplus food that would have otherwise gone to waste

    • Help the environment by reducing waste. Diverting food waste from the landfill will not only conserve valuable landfill space, but will also reduce methane emissions that heavily contribute to climate change

    • Feed your neighbors. Nearly 5 million Californians struggle with food insecurity. Addressing food insecurity makes a huge difference to community members of all ages

    • Benefit from tax incentives.  Your company may be eligible for a tax deduction. See this guide for more information and consult with your tax advisor for guidance

    • Save money on disposal fees

    • Increase warehouse space or save on storage charges

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