SB 1383 Requirements for Food Recovery Organizations and Services
State law SB 1383, and the Alameda County Organics Reduction and Recycling Ordinance went into effect January 1, 2022, including requirements for certain food generating businesses to donate edible food to a local food recovery organization or service and establish contracts or written agreements with them.
The next reporting period opens January 2, 2025.
Learn more about all the requirements in the new law at https://www.stopwaste.org/rules/donate-surplus-food.
Español (Spanish),中文 (Chinese),한국인 (Korean), and Tiếng Việt (Vietnamese): www.StopWaste.org/Rules-Languages.
Rules for food recovery organizations and services
Effective January 1, 2022, food recovery organizations must:
- Maintain monthly records of type, frequency, and pounds of food recovered from Tier 1 and Tier 2 donors. See table below for definitions.
- Report annually the total pounds of food recovered from Tier 1 and Tier 2 donors.
If you are member agency of the Alameda County Community Food Bank (ACCFB) Food Recovery Program, some of the above requirements will be completed by ACCFB on your behalf. See below for details on how to become a member agency.
Optional but recommended:
- Ensure that your organization has written agreements with Tier 1 and Tier 2 donors who provide surplus edible food. See table below for definitions. Tier 1 and Tier 2 food generators are required by SB 1383 to establish written agreements with food recovery organizations. By formalizing these agreements with your donors, you are helping them comply with a critical component of SB 1383 edible food recovery requirements.
- Report annually the total pounds of food from Tier 1 and Tier 2 donors that was spoiled or otherwise not fit for human consumption when received.
Request help
Our knowledgeable field team provides free phone, email, virtual, and in-person support to help set up a system to recover and donate surplus edible food.
How to work with donors to comply with the new law
As of September 2024, the Alameda County Environmental Health Department began inspecting for compliance with the SB 1383 edible food recovery requirements for identified Tier 1 and Tier 2 food generators that hold food permits in Alameda County. As a result, businesses may reach out to you as a food recovery organization/service partner. For more information about requirements for food generating businesses, click here. Follow the steps below to ensure compliance when working with existing and new food donation partners.
Are you interested and have the capacity to accept edible food donations from more food donors?
- Access Food Recovery Organization & Services Directory
- Add your organization to the list by completing this quick form
STEP 1: Assess Your Capacity
Before serving new donors, determine the additional amounts, types, and frequency of surplus edible food your organization can accept. Consider that donations may include more perishable items that require immediate distribution, cold storage, or preservation to remain fit for human consumption.
Note: Food Recovery Organizations and Services are not required to accept donated food from a donor. If a donor approaches you to accept a certain type of food that cannot be handled by your organization, you are not obligated to accept it.
STEP 2: Enter into Written Agreements
For both existing and new Tier 1 and Tier 2 donors, you may be asked to establish a regular food donation or collection schedule with each donor and jointly enter into a written agreement. Maintain copies and update agreements as needed.
STEP 3: Keep Records
Maintain documentation of the types and quantity of food (measured in pounds) recovered per month and the frequency of collections/deliveries from your donors. Consider providing records to your donors to help them comply with monthly record keeping requirements.
Step 4: Report Total Pounds of Food Recovered Annually
The required annual report is due each year by the end of March, covering donations received from January to December of the previous calendar year. This report is mandatory for all organizations doing direct food recovery from Tier 1 and Tier 2 donors and must be submitted annual. The information will be shared with the jurisdiction where your organization is physically located and iwll also be report, as required, to the State.
Food recovery organizations & services report information
On January 2nd, 2025, the edible food recovery online reporting portal will begin accepting entries for your organization to report on the donations you received from Tier 1 and Tier 2 commercial edible food generators during the 2024 calendar year.
The 2024 edible food recovery report from donations received from January 1, 2024, to December 31, 2024, is due on March 28, 2025.
Organizations required to report have received a physical mailer and digital notification with a unique FRO login ID. If you can’t locate your FRO login ID, please contact StopWaste for assistance at rules@stopwaste.org. Alternatively, you can download and complete this fillable report form and email it to rules@stopwaste.org by March 28, 2025, at 6:00pm.
Schedule of Future Report Due Dates
| Report | Portal Open | Due Date |
|---|---|---|
| 2024 Report | 1/2/2025 | 3/28/2025 |
| 2025 Report | 1/2/2026 | 3/31/2026 |
| 2026 Report | 1/2/2027 | 3/31/2027 |
Additional information & free resources
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Get more information about the new law:
www.StopWaste.org/Rules (all rules) | www.StopWaste.org/Rules-Food-Recovery (food recovery rules) -
Alameda County Community Food Bank (ACCFB) Food Recovery Program: for information about becoming a member, contact Xochi Hernandez at xhernandez@accfb.org.
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Alameda County Food Recovery Stakeholder Network: connect and build partnerships with fellow organizations involved in edible food recovery. Email Hugo Grégoire at hgregoire@stopwaste.org to be added to the invite list.
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Download StopWaste 2021 SB 1383 Edible Food Recovery Capacity Survey to learn more about Alameda County food recovery organizations and services capacity to recover donated food from Tier One and Tier Two donors.
