Edible food is defined as food that is safe for human consumption. Unfortunately, too much of it ends up being wasted. More efforts are needed to get wasted edible food to those who are hungry. Beginning January 1, 2022,
new SB1383 regulations will foster coordination between California jurisdictions, Commercial Edible Food Generators, Edible Food Recovery Services, and Edible Food Recovery Organizations to reduce edible food waste and increase edible food recovery. Local jurisdictions will work together with stake-holders to estimate how much edible food is being disposed, identify existing food recovery capacity, and identify any proposed new or expanded capacity. If capacity is inadequate to capture all of the recoverable edible food waste, jurisdictions will implement programs to close the gap.
Tier One Commercial Edible Food Generators - Compliance Start Date 01-01-22
- Grocery stores with a total facility size equal to or greater than 10,000 square feet,
- Supermarkets with revenue equal to or greater than $2 million, and
- Food service providers, wholesale food vendors, and food distributers.
Tier Two Commercial Edible Food Generators - Compliance Start Date 01-01-24
- Restaurants with 250 or more seats or a total facility size equal to or greater than 5,000 square feet,
- Hotels with an on-site food facility and 200 or more rooms,
- Health facilities with an on-site food facility and 100 or more beds,
- Large venues, large events,
- State agencies with a cafeteria with 250 or more seats or a total cafeteria facility size equal to or greater than 5,000 square feet, and/or,
- Local education agency with an on-site food facility.
Commercial Edible Food Generator Requirements:
- Secure contracts or written agreements with Edible Food Recovery Services and/or Organizations to recover the maximum amount of edible food that would otherwise be disposed. Visit the
CalRecycle website to read their Model Food Recovery Agreement to use as a reference when creating your own agreement.
- Maintain a list and copy of all Edible Food Recovery Services and/or Organization's contracts or agreements that collects or receives its edible food.
- Maintain a record of the following for each contract or written agreement; 1) name, address, and contact information of the service or organization, 2) the types of food that will be collected by or self-hauled to the service or organization, 3) the established frequency that food will be collected or self-hauled, and 4) the pounds of food per month collected or self-hauled to a service or organization for food recovery.
For more detailed information, visit
Frequently Asked Questions
These new requirements are part of the State's SB1383 regulations. One of the provisions of SB1383 is to increase statewide edible food recovery to 20% of edible food that would otherwise be disposed by 2025.
For Tier One Edible Food Generators, the requirements go into effect starting January 1, 2022. For Tier Two Edible Food Generators, the requirements go into effect starting January 1, 2024.
Edible food means foods intended for human consumption. Permitted food facilities such as restaurants, hotels, grocery stores, food processing facilities, food distributors and caterers can donate prepared foods and meals (e.g. hot trays that remained back-of-house) to non-profit charitable organizations or individuals directly. Foods that have been previously served to a consumer cannot be donated.
The County is working on an education campaign to inform businesses about this new regulation. In addition to this website, the County has developed a Commercial Edible Food Recovery Brochure with the regulatory highlights, and is working to identify businesses that meet the criteria as Tier One and Tier Two Edible Food Generators. The County will be reaching out to these businesses to provide information, confirm status designation, and provide businesses an opportunity to ask questions.
The California Good Samaritan Food Donation Act (state) and the Bill Emerson Good Samaritan Food Donation Act (National) offers protection as long as the foods being donated are handled in a safe and sanitary manner.
If you have been designated as a Tier One or Tier Two Edible Food Generator but do not believe this designation is accurate, you can email firstname.lastname@example.org
, provide your business name, and the reason you believe the designation is in error.
Food Recovery Services & Organizations in Sacramento County Unincorporated Area
Sacramento County Food Bank
1951 Bell Avenue, Sacramento, CA 95838
Accepts donations of non-perishable food from the Sacramento area
On October 7, 2021, the County of Sacramento hosted a webinar on the new SB1383 Edible Food Recovery Regulations for Tier 1 Edible Food Generators.
Tier 1 Edible Food Generator Webinar
Tier 1 Edible Food Generator Webinar
Webinar Powerpoint Presentation
Sacramento County Environmental Management Department
Environmental Health Division
11080 White Rock Rd., Suite 200
Rancho Cordova, CA 95670