Reduce Wasted Surplus Food First
Before focusing on surplus food donation, consider operational changes that can reduce how much edible food goes unused in the first place — such as improved inventory management, menu planning, portion adjustments, and staff training.
For practical tools and programs to help your business reduce food waste at the source, visit Reducing Food Waste for Businesses.
Who Must Comply
California State law SB 1383 requires certain food-generating businesses to recover surplus edible food and make it available for donation rather than sending it to the landfill. The goal is to cut greenhouse gas emissions while helping to nourish communities across Alameda County.
Tier 1
- Supermarkets with $2 million or more in annual gross sales
- Grocery stores exceeding 10,000 square feet
- Food service providers (caterers, cafeterias)
- Food distributors
- Wholesale food vendors
Tier 2
- Hotels with 200 or more rooms
- Health facilities with 100 or more beds
- Large venues and events with 2,000+ daily attendees
- Restaurants exceeding 5,000 square feet OR with 250+ seats
- State agency facilities with on-site food service
- Local education agencies (public schools and districts)
If your organization generates significant amounts of edible surplus food, you may be subject to these requirements even if you don't fit the categories above exactly. Contact StopWaste to verify.
Three Core Requirements
If your business is covered by SB 1383, you must:
- Have a written agreement with at least one food recovery organization or service to pick up or receive your surplus edible food.
- Maintain monthly records of the type, frequency, and pounds of food donated.
- Donate the maximum amount of edible food that would otherwise be discarded—or document a strategy to minimize surplus.
Citations and fines up to $500 are being issued for non-compliance. Inspectors may arrive unannounced to check for written agreements and monthly donation records. If you've received a notice, visit the Citations & Enforcement section to learn more.
Resource List
Food Recovery Requirements in Alameda County
Wayfinding Cards
How to Comply
1. Assess Your Surplus Edible Food
2. Find a Food Recovery Partner
3. Establish a Donation Process
4. Track Donations and Keep Records
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RESOURCES
Resources by Industry
Wayfinding Cards
Additional Resources
Food Donation FAQ
Food Safety & Date Labels
For Food Recovery Organizations
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CASE STUDIES