We rarely produce surplus edible food. Why do we need to set up a donation process?

Even if your facility doesn’t generate surplus edible food on a regular basis, you are required under the law to document that you have a process in place to make any edible surplus food available for donation. California is making efforts to ensure that extra food can feed those in need, rather than going to waste. As a simple first step, you can donate surplus food to staff or employees as an alternative to having an agreement with a food recovery organization or service. You can also use apps like Careit.com and FoodRecovery.org that allow businesses to post donations on-demand and be matched with a recipient organization.However, entering into an agreement with a food recovery organization or service is preferred, because it also ensures that you know where your surplus edible food can go in case of emergencies. Recall that at the onset of the Covid-19 pandemic, food facilities had to quickly find organizations to donate their food to before shelter-in-place orders took effect. Power outages have become more common during wildfire season. 

Are there waivers for food facilities that don’t produce surplus edible food?

There are no waivers for the edible food recovery requirements. If you believe that your food facility does not meet the criteria of sites covered by the law, you may contact StopWaste and describe your situation. Note that even facilities that do not generate any surplus edible food are required to maintain written documentation that describes their circumstances and the reasons why no surplus food is generated.  Download this fillable form to help document your situation.
 

Are there any resources available to assist my business with the donation record keeping requirements? 

There are two donation record keeping templates available for download, including a simple and a more detailed version. Both help you keep the required monthly records of types of food donated, frequency of donations, and total pounds of food donated, including donations distributed directly to staff or other individuals.  

Note that sites that rarely generate surplus are not exempt from record keeping requirements. See question 2 above for details. 
 

Our corporate policy prevents us from donating any food. Are we exempt from the law? 

Corporate policies do not supersede state law. If your site meets the criteria of SB 1383, you are required to donate surplus edible food in California.  Since corporate policies are often concerned with issues of liability, note that there are both Federal and State laws protecting food donors from liability, including:

What about expiration labels? I can’t donate food that’s past date. 

The USDA confirms that except for infant formula, dates are not an indicator of a product’s safety for human consumption and are not required by Federal law. Food recovery organizations may accept items that are past the best by, best before, or sell by date. It is best to check with the organization you would like to donate to. For more information, refer to Guidance for Donations Past Date from the Alameda County Community Food Bank. 

Our donations have been declined in the past. Why try again? 

Prior to the passing of SB 1383, it may have been difficult to donate. Today there are more organizations seeking donations. Despite this, donations may be turned away for a variety of reasons, including food safety, expiration dates, type of food being donated, or the capacity and resource limitations of the food recovery organization. 

If you would like additional assistance, complete this form to get free phone, email, virtual, or in-person support. 

To report a site not in compliance with this law, click here.