SB 1383

Mandatory Organic Waste Reduction for Residents & Businesses

As of January 1, 2022, all residents and businesses are now required to divert inedible food waste & yard waste in the organic green waste bin.

In addition, commercial edible food generators must redirect and donate edible food that would otherwise go to waste. 

This is part of the effort to reduce short-lived climate pollutants, such as methane, in California as well as increase food security.

 

Click to expand for information on the following:

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The New Organics Reduction Law
In 2016, Governor Brown signed Senate Bill 1383 (SB 1383) into California law, establishing statewide greenhouse gas emission reduction goals:
  1. By 2020, reduce the amount of organic material disposed in landfi­lls by 50% from the 2014 level, and
  2. By 2025, reduce the amount of organic material disposed in land­fills by 75% from the 2014 level.
  3. By 2025, no less than 20% of edible food currently disposed must also be recovered for human consumption.
This law expands upon the requirements of AB 341: Mandatory Commercial Recycling and AB 1826: Mandatory Commercial Organics. However, SB 1383 is unique in that it impacts residents in addition to businesses, and it requires some businesses to donate excess edible food to feed people in addition to diverting organic materials from the garbage.
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Reducing Short-Lived Climate Pollutants in California
Organic waste produces methane when they are broken down anaerobically, or without oxygen, as they do in landfills. Methane is a climate super pollutant 84 times more potent than carbon dioxide, making it a strong contributor towards the climate crisis. Being a short-lived climate pollutant, methane lasts around 10 years in the atmosphere rather than 30 years like carbon dioxide. Significantly reducing methane emissions now could lead to relief of the effects of climate change affecting California, such as wildfires & severe droughts, as quickly as in the next decade.
  • Landfills are the third largest source of methane in California, responsible for 20% of the state's methane emissions.
  • Landfills also emit air pollutants like PM 2.5, which contributes to health conditions like asthma.
By diverting organic waste into green bins, they go to special treating facilities where it becomes repurposed into clean energy and compost. The clean energy is returned to the public energy grid for use in our homes, and the compost can be used for local agricultural production or carbon sequestration projects across the state.
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What Goes in the Green Bin?
Beginning in 2022, all residents and businesses will be required to separate organic materials from the garbage. These materials must be placed in the organic/green waste bin.
Organic materials, sometimes called organics or organic waste, mean solid wastes containing material originated from living organisms and their metabolic waste products.
Some examples include:
 
  • Food and food scraps such as fruit, vegetables, meat, bones, shells, dairy, and leftovers
  • Plant material such as grass, flowers, leaves, branches, and wood
  • Food-soiled paper such as paper towels, and napkins
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Edible Food Recovery Program
Almost 1 in 4 Californians don’t have enough to eat. SB 1383 requires certain food businesses to donate the maximum amount of edible food they would otherwise dispose to food recovery organizations.
The law phases food donors in under two tiers:
  • Tier 1 is required to donate starting in 2022. These include:
    • Food Distributors
    • Food Service Providers
    • Grocery Stores
    • Supermarkets
    • Wholesale Food Vendors
  • Tier 2 is required to donate starting in 2024. These include:
    • Education Agencies
    • Health Facilities
    • Hotels
    • Large Venues & Events
    • State Agency Cafeterias
    • Restaurant Facilities
To meet the requirements of SB 1383, generators must:
  • Have a written agreement with the food recovery organization
  • Maintain records on total pounds of food donated (template below)
  • Donate the maximum amount of edible food
Mandated food donors can help their communities now by starting to work with local food banks, food pantries, and other food recovery organizations and services.
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Food Recovery Organizations
Food Recovery Organizations (FROs) who are accepting food donations are provided on the following list:
Please visit our Interactive Food Recovery Map to see the location of Commercial Food Generators and Food Recovery Organizations.
Interactive Food Recovery Map - Open Map in New Tab
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Establishing Written Agreements with Food Recovery Organizations
The regulations require mandated food donors to donate for people to eat the maximum amount of their edible food that would otherwise be disposed.

To ensure that the maximum amount of edible food is recovered, the regulations require that mandated food donors establish contracts or written agreements with food recovery organizations and services.

Food recovery organizations and services vary in the amount and types of food they can receive, so mandated food donors may need to establish contracts or written agreements with multiple food recovery organizations and services to be in compliance.
For questions on creating an agreement, please contact the Solid Waste Coordinator via email at [email protected] or via phone at (805) 781-5252.
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Record Keeping
The law requires commercial edible food generators to maintain records of their food donation activities.
Compliance will be monitored by requesting the following types of records during inspections:
  • Contract or written agreement information for food recovery organizations and services
  • Schedules for food donation deliveries or collections
  • Quantity of food donated in pounds per month (Here's a Donation Tracker to assist with record keeping)
  • Types of food each food recovery organization and service will receive or collect
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Guidance on Foods that Can be Donated
Only donate quality foods that are still good to eat, and that you would give a neighbor or close friend. Unusual shapes or sizes are okay, but no rotten or half-eaten foods. Foods that are past the "best by" date may be okay, but please make sure the food is still safe to eat before donating by following safe food handling practices (below). For more information on food safety, please visit county Environmental Health Services site, via email at [email protected] or phone at (805) 781-5544.
  • Whole produce such as apples, lemons, carrots, oranges, broccoli, etc.
  • Cut or prepared produce and foods such as celery sticks, cubed watermelon, cheese slices, salads, and sandwiches that are still in their original and unopened packaging
  • Milk, juice, tea, and other nutritional beverages that are still in their original and unopened packaging
  • Hot foods that have not yet been served, such as a full tray of pasta that was extra from a catering event or buffet
  • Day-old bread without any mold
  • Non-perishable foods that are shelf-stable and do not require refrigeration such as peanut butter, dry beans/pasta/grains, cans, crackers, sugar, and cereals that are still in their original and unopened packaging
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Guidance on Foods that Should Not be Donated
Please do not donate foods that are expired, rotten, half-eaten, or have their packaging opened or damaged.
  • Leftovers such as a half eaten tray of noodles or sandwich
  • Rotting produce
  • Foods with opened or damaged packaging
  • Alcoholic beverages
  • Candy, chips, chocolate, pastries, pork rinds etc.
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Good Samaritan Food Donation Act
California recently passed the California Good Samaritan Food Donation Act (AB 1219), which provides liability protections for entities that make good faith donations of surplus food. AB 1219 clarifies and expands liability protections for donated surplus food by:
  • Creating a more comprehensive list of entities covered by law
  • Explicitly states that donation of past-date food is subject to liability protection
  • Expands liability protection to donations made by food facilities, which are subject to food safety regulations and inspections, directly to individuals for consumption (direct donation)
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Food Loss and Waste Prevention
Here are some ideas that grocery stores and supermarkets may want to consider to help prevent food loss and waste.
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Waivers and Exemption
If your address is located in an area with a population density of less than 75 people per /square mile, you may qualify for a Mandatory Organic Recycling Requirements Waiver.
Businesses can apply for a waver from SB1383 requirements here.