Certain entities that provide food are required to arrange to recover the maximum amount of their edible food that would otherwise go to landfills; not intentionally spoil food that can be recovered; enter into a written agreement with a Food Recovery Organization or Service; and, maintain records. SB 1383 established two tiers of subject entities:

Tier One Commercial Edible Food Generators must comply with edible food recovery requirements starting February 19, 2022. Tier One entities include:

• Supermarkets
• Grocery Stores with a total facility size ≥ 10,000 sq. ft.
• Food service providers (contracted)
• Wholesale food vendors

Tier Two Commercial Edible Food Generators must comply with edible food recovery requirements starting January 1, 2024. Tier Two entites include:

• Restaurants with ≥ 250 seats or ≥ 5,000 sq. ft.
• Hotels with onsite food facility and ≥200 rooms
• Health facilities with onsite food facility and ≥100 beds
• State agencies with a cafeteria with ≥ 250 seats or ≥ 5,000 sq. ft
• Local education agencies with an onsite food facility
• Large venues that annually seat or serve an average of > 2,000 individuals per day of operation*
• Large events that charge an admission price or is operated by a local agency and serves an average of > 2,000 individuals per day of operation*

*Large venues or large event operators that do not provide food services, but allow for food to be provided, shall require food facilities operating on site to comply with the edible food recovery requirements.

Tier One and Tier Two Commercial Edible Food Generators must keep records that include contact information and written agreements with the Food Recovery Organizations or Services that collects or receives its edible food; the types of food and frequency food will be collected or self-hauled; and, the quantity of food measured in pounds recovered per month.