Donate Surplus Food

Under state law SB 1383, certain food-generating businesses are required to recover surplus edible food and donate it to food recovery organizations to nourish people instead of sending it to landfill or composting. The goal is to cut greenhouse gas emissions and help alleviate food insecurity in our communities.

On this page you can find resources for compliance, learn which sites are covered by the law, read about enforcement, and find FAQs.

If you are a food recovery organization or service, click here.

Requirements to comply with the law:

1. Have a written agreement with at least one food recovery organization or service to pick up or receive your surplus edible food. Find food recovery organizations serving Alameda County here. You can also donate food directly to recipients, e.g. staff, employees.
2. Maintain monthly records of type, frequency, and pounds of food donated. Download a donation log template here.
3. Donate the maximum amount of edible food that would otherwise be discarded. Alternatively, develop a strategy to minimize the amount of surplus edible food your site generates, using this guidance.

Download a printable flyer of the food recovery rules

Resources for compliance

Free personalized help

Complete this form to request in-person, phone, or virtual assistance from StopWaste’s field team. They can help you assess your surplus edible food, enter into a written agreement with a food recovery partner, train staff, set up a record keeping process, and more.

Get Personalized Help

Partnering with a Food Recovery Organization

• List of food recovery organizations and services in Alameda County, searchable by service area, donations accepted and collection method. Organizations on this list are educated about SB 1383 and have the capacity to accept more donations.
• Customizable food recovery agreements (two versions) to formalize food donation arrangements. Required to have on-site during inspections.

Keeping food donation records

Food donation forms (two versions) to maintain monthly records of type, frequency and amount of surplus edible food donated. Also includes section to record donations to staff/employees. Required to have on-site during inspections.

Food Donation Record Forms

Food donation guide for businesses

Step-by-step guide on how to set up a surplus food donation program that works for your operations. Includes guidance on legal protections and safe food handling requirements.

Food donation guide for businesses

 

Resources by food generator /type of site:
 

Grocery stores & supermarkets

• Guide to safe food recovery in English, Chinese, Korean, Spanish, Vietnamese
• Case study: How Raley’s Is Optimizing Its Operations to Reduce Food Waste

Wholesale food vendors and distributors

• Guide to safe food recovery

Restaurants & commercial kitchens

• Guide to safe food recovery in English, Chinese, Korean, Spanish, Vietnamese

Foodservice

• Case studies:
  • Just Fare, Oakland: How food waste prevention and surplus food donation empowers staff & strengthens the community.
  • CalDining, Berkeley: How UC Berkeley used surplus food tracking to optimize operations reducing food waste by 19%.

Health facilities

• Guide to safe food recovery

 

K-12 Schools

• Guides: Getting Started | Before Holiday Breaks
• Guide to Safe Food Recovery
• More resources available here.

Hospitality & large events

• Guides: Vendors I Event organizers
• Case studies:
  • Preventing problematic event waste
  • Best Practices for Hospitality Teams to Reduce Food Waste at Events

Additional Resources

• "Webinar: “How to Donate Surplus Food & Comply with the Law” (2022) with Q&A"
• Learn about the Pacific Coast Food Waste Collaborative here.

Reducing surplus edible food

• Best practices to minimize surplus edible food, including waste prevention, discount sales, employee donation programs, and more. 
• List of vendors offering food waste prevention services 

Date-label and safety guides from the Alameda County Community Food Bank

• Canned food safety guide
• Food expiration date guide (quick reference): English | Chinese | Spanish
• Food expiration date guide (detailed): English | Chinese | Spanish

Overview of the surplus food recovery rules

• Printable flyer of the food recovery rules in Alameda County, available in multiple languages
• Webinar: “How to Donate Surplus Food & Comply with the Law” (2022) with Q&A

Additional resources

• State of California (CalRecycle) food recovery webpage
• Guide on tax deductions from food donations (Harvard Food Law and Policy Clinic)

Sites covered by SB 1383

The law affects only larger commercial food generators:

• “Tier 1” sites (since Jan. 2022): 
  Large supermarkets ($2M+ gross annual sales), grocery stores (>10,000 sq. ft.), food service providers, food distributors, and wholesale food vendors.
   
• “Tier 2” sites (since Jan. 2024): 
  Large health facilities (100+ beds), hotels (200+ rooms), large venues and special events (2,000+ individuals per day), restaurants (>5,000 sq. ft. or 250+ seats), state agency facilities, and public schools.

Enforcement

Citations and fines up to $500 are being issued for non-compliance.

Surplus food donation inspections are being conducted unannounced by the Alameda County Department of Environmental Health or by a partnering enforcement agency effective January 1, 2024. During an inspection you will be asked to show a copy of your written agreement(s) with food recovery organizations or services and your monthly records of food donations.

Warnings (a “Notice of Violation”) are given before a citation and fine is issued. Fines range from $50-$500. Visit the Enforcement & Violations page to learn more about Notices of Violations and Citations, how to resolve them, and how fine amounts are assessed.

Frequently Asked Questions

1. We rarely produce surplus edible food. Why do we need to set up a donation process?
   Even if your facility doesn’t generate surplus edible food on a regular basis, you are required under the law to document that you have a process in place to make any edible surplus food available for donation. California is making efforts to ensure that extra food can feed those in need, rather than going to waste. As a simple first step, you can donate surplus food to staff or employees as an alternative to having an agreement with a food recovery organization or service. You can also use apps like Careit.com and FoodRecovery.org that allow businesses to post donations on-demand and be matched with a recipient organization.

   However, entering into an agreement with a food recovery organization or service is preferred, because it also ensures that you know where your surplus edible food can go in case of emergencies. Recall that at the onset of the Covid-19 pandemic, food facilities had to quickly find organizations to donate their food to before shelter-in-place orders took effect. Power outages have become more common during wildfire season. 

2. Are there waivers for food facilities that don’t produce surplus edible food?
   There are no waivers for the edible food recovery requirements. If you believe that your food facility does not meet the criteria of sites covered by the law, you may contact StopWaste and describe your situation. Note that even facilities that do not generate any surplus edible food are required to maintain written documentation that describes their circumstances and the reasons why no surplus food is generated.
    
3. Are there any resources available to assist my business with the donation record keeping requirements? 
   There are two donation record keeping templates available for download here, including a simple and a more detailed version. Both help you keep the required monthly records of types of food donated, frequency of donations, and total pounds of food donated, including donations distributed directly to staff or other individuals.  
   Note that sites that rarely generate surplus are not exempt from record keeping requirements. See question 2 above for details. 
    

4. Our corporate policy prevents us from donating any food. Are we exempt from the law? 
   Corporate policies do not supersede state law. If your site meets the criteria of SB 1383, you are required to donate surplus edible food in California.  Since corporate policies are often concerned with issues of liability, note that there are both Federal and State laws protecting food donors from liability, including: 

   • Food Donation Improvement Act (Federal, 2022)  
   • California Good Samaritan Food Donation Act (State, 2017)  
   • Bill Emerson Good Samaritan Food Donation Act (Federal, 1996)
      
5. What about expiration labels? I can’t donate food that’s past date. 
   The USDA confirms that except for infant formula, dates are not an indicator of a product’s safety for human consumption and are not required by Federal law. Food recovery organizations may accept items that are past the best by, best before, or sell by date. It is best to check with the organization you would like to donate to. For more information, refer to Guidance for Donations Past Date from the Alameda County Community Food Bank.

    

6. Our donations have been declined in the past. Why try again? 
   Prior to the passing of SB 1383, it may have been difficult to donate. Today there are more organizations seeking donations. Despite this, donations may be turned away for a variety of reasons, including food safety, expiration dates, type of food being donated, or the capacity and resource limitations of the food recovery organization. 

If you would like additional assistance, complete this form to get free phone, email, virtual, or in-person support. 

To report a site not in compliance with this law, click here.