State Regulations
SB 1383 Organic Waste Recycling and Edible Food Recovery
Senate Bill 1383 builds on previous legislation, AB 341 and AB 1826 (Evolution of Organics Recycling Laws). Its purpose is to reduce organic waste disposal, recover edible food from the waste stream, and reduce methane emissions.
The ultimate goal of SB 1383 is to cut greenhouse gas emissions to 40% below 1990 levels by 2030. To achieve this:
- By 2020, organic waste sent to landfills must be reduced by 50%.
- By 2025, the reduction target increases to 75%.
- In addition to reducing landfilled organics, the recovery of edible food that would otherwise be thrown away must increase by 20%, through programs such as edible food recovery initiatives.
To accomplish these targets, the State has mandated the following measures:
- Provide Organics Collection Services to All Residents, Multi-family Complexes and Businesses
- Establish Edible Food Recovery Programs
- Conduct Education and Outreach to the Community
- Procure Recyclable and Recovered Organics Products
- Secure Access to Recycling Capacity
- Monitor Compliance and Conduce Enforcement
SB 1383 Requirements for Businesses
Beginning January 1, 2022, all businesses are required to sort and separately collect food scraps, yard trimmings, and food-soiled paper from trash and recycling. They must also subscribe to an organics waste collection service.
Certain commercial businesses may qualify for waivers from these mandatory program requirements; however, only businesses that have requested and received a waiver from the City may avoid mandated participation in organic waste recycling programs through a franchise-hauler program. If a waiver is not approved by the City, your business will be required to subscribe to mandated services immediately.
Customer Access to Recycling -Assembly Bill 827
Effective July 1, 2020, AB 827 is intended to educate and involve consumers in achieving the state’s recycling goals by requiring businesses subject to AB 341 and/or AB 1826 to make recycling and/or organic recycling bins available to customers. This law targets businesses that sell products meant for immediate consumption.
AB 827 states that businesses that generate 4 cubic yards or more of commercial solid waste must provide their customers with recycling containers that are visible, accessible, and adjacent to each trash container. Details on full-service restaurants versus other types of food establishments are included since full-service restaurants do not have to provide properly labeled containers for patrons, but must provide properly labeled next to trash containers for employees to separate recyclables and organics for customers.
For more information about SLCP Reduction please visit CalRecycle at https://calrecycle.ca.gov/Organics/SLCP/.
For more information visit: https://www.calrecycle.ca.gov/recycle/commercial/organics/faq
Edible Food Recovery
To reduce unnecessary food waste and help address food insecurity, SB 1383 requires that by 2025, California will recover 20 percent of edible food that would otherwise be sent to landfills, to feed people in need.
Requirements include:
- A contract or written agreement must be maintained with a Food Recovery Organization that picks up or receives edible food.
- A record must be kept indicating all types of food being donated, pounds donated per month, frequency of donations, and the contact information of the contracted Food Recovery Organization(s).
- Generators shall not intentionally spoil food that can be recovered to feed people (and shall not compost edible food).
What is edible food?
Edible food refers to food intended for human consumption that is not sold due to factors such as age, appearance, size, or surplus. This includes prepared foods, packaged foods, and produce, provided the food meets the safety standards outlined in the California Retail Food Code.
To ensure the maximum amount of edible food is recovered, SB 1383 requires edible food generators to establish written agreements with food recovery organizations and services. For additional information about how to donate edible food to a food recovery organization, please visit the Riverside County Department of Environmental Health.
Edible Food Generators
SB 1383 classifies edible food-generating businesses into Tier 1 and Tier 2 categories. The chart below shows which types of businesses fall under each tier, along with the dates when they are required to begin recovering edible food.