FAQs

If a commercial edible food generator does not generate any excess edible food to recover, then the burden of proof is on them to prove that during any SB 1383 inspections performed at their facility. There is no exemption for a commercial edible food generator from the food recovery requirements. However, only edible food that would otherwise be disposed must be recovered. If a commercial edible food generator does not have any edible food that would otherwise be disposed, CalRecycle would not require jurisdictions to enforce the requirement to have a contract or written agreement. However, the jurisdiction should still include this generator in its annual inspections of commercial edible food generators to confirm that no edible food is being disposed.

If a commercial edible food generator is unable to establish a contract in certain areas due to minimum requirements, please refer to Section 18991.3(d) of the SB 1383 regulations (emphasis added):

• A commercial edible food generator shall comply with the requirements of this section unless the commercial edible food generator demonstrates the existence of extraordinary circumstances beyond its control that make such compliance impracticable. If an enforcement action is commenced against a commercial edible food generator for noncompliance, the burden of proof shall be upon the commercial edible food generator to demonstrate extraordinary circumstances. For the purposes of this section extraordinary circumstances are:
  • A failure by the jurisdiction to increase edible food recovery capacity as required in Section 18991.1.
  • Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters.

Yes. All food that is recovered for human consumption must meet the food safety requirements of the California Retail Food Code. SB 1383’s regulations specify in the definition of ‘edible food’ that “Nothing in this chapter requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.” Please note, CalRecycle does not monitor or enforce food safety. Food safety is monitored and enforced by local environmental health departments and the California Department of Public Health.

Yes. Food generators that donate food are protected by the Emerson Good Samaritan Food Donation Act and California AB 1219, as long as the food was donated in good faith and followed safe handling procedures.

Whether the restaurant offers sit-down or take-out orders is irrelevant because fast food is prepared for ‘immediate consumption.’ A fast food business must comply with commercial edible food generator requirements specified in Section 18991.3 of the regulations if: • The business is primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, and • The facility is equal to or greater than 5,000 square feet or has 250 or more seats.

The name, address and contact information for each commercial generator that the organization receives edible food from; the quantity in pounds of edible food received directly from each commercial edible food generator per month; and the name, address, and contact information for each FRS that the organization receives edible food from.

Edible Food Recovery Organizations in Palm Desert