Edible Food Recovery

To reduce unnecessary food waste and help address food insecurity, SB 1383 requires that by 2025, the State of California recover and redistribute 20 percent of edible food that would have otherwise been sent to landfills. SB 1383 directs that:

• Jurisdictions establish food recovery programs and strengthen existing recovery networks,
• Edible food generators, who qualify as Tier 1 and Tier 2 Generators (described below), recover the maximum amount of edible food that would otherwise be landfilled or spoiled; and,
• Food recovery organizations, edible food generators, and jurisdictions maintain complete records of the quantity and types of food recovered.

Under SB 1383 the City has implemented changes to the Municipal Code to enforce the State mandated recovery of edible food, see Sections 8.16 and 8.19.

Edible Food Generator Requirements

Edible Food Generators are mandated by SB 1383 to recover and donate the maximum amount of food for human consumption. Generators are divided into two categories:

SB 1383 is a State-wide mandate affecting jurisdictions and food generators. The City is responsible for implementing an edible food recovery program that recovers edible food that otherwise would go the waste stream. This includes:

• Assessing capacity of existing edible food recovery
• Establishing an edible food recovery program (and expanding existing infrastructure if necessary)
• Conducting inspections of:
  • Tier 1 commercial edible food generators and food recovery organizations and services beginning January 1, 2022
  • Tier 2 commercial edible food generators beginning January 1, 2024.
• Providing education and outreach

Tier 1 and Tier 2 edible food generators are required to adhere to the following compliance protocols, on their respective effective dates, pursuant to Section 8.19.100 of the Municipal Code:

Recover surplus food

• Safely recover the maximum amount of edible food and donate it to a food recovery program to feed community members. Intentionally spoiling food is prohibited.
• Assess and record the type, frequency, and pounds of food donated each month.

Connect and contract

• Partner with food recovery organizations such as soup kitchens, food pantries, food banks, or other organizations or companies that rescue food to feed people.
• Create a written agreement with each food recovery organization that picks up or receives donated food from your business. See CalRecycle’s Model Food Recovery Agreement as an example template.

Track and report

• Maintain records of the following:
  • Types of food donated
  • Frequency or schedules of food donations
  • Quantity of food recovered in pounds per month
• Keep records on-site of written agreements with food recovery organizations at your business location for review, compliance inspection, and monitoring by applicable City agencies.
• Report food recovery data to the City annually.

CalRecycle has developed a model recordkeeping tool that commercial edible food generators can use to ensure compliance with recordkeeping requirements. The use of this specific tool is optional.

The City has contracted with FIND Food Bank to assist edible food generators with meeting these requirements. FIND Food Bank is a food recovery organization that has all the tools necessary to make sure you are compliant with SB 1383’s food donation requirements. Through the City’s contract, these services are free of charge to all Palm Desert’s Edible Food Generators. While you are not required to contract your food donations with FIND Food Bank, please note the State requires that you partner and contract with a comparable organization including, but not limited to, food pantries, soup kitchens, and other non-profits that distribute food to people in need.

In addition to providing resources to you, FIND Food Bank will assist the City with its required food donor monitoring including verifying that all Tier 2 Edible Food Generators have edible food recovery contracts in place and are collecting required recordkeeping data, as well as ensuring that the maximum amount of edible food is offered for donation on behalf of the City.

Failure to comply from generators will result in the City taking further enforcement action. The City will pursue cost recovery for all legal costs, staff time, and abatement fees. The city may record a notice of violation with the Riverside County recorder’s office against the premises. In addition, the City will issue administrative fines of up to $250.00 per day. Administrative costs as provided in Section 8.80.100(Ord. 1374 § 1, 2022; Ord. 865 § 1, 1998). The fines start at $50.00, $100.00, $250.00 and ultimately $250.00 per day.

Four Steps to Source-Reduce Edible Food

Your organization can save money by wasting less food through these steps:

1. Assess the type and quantity of food currently being wasted. Check out the EPA's resources to assess food waste.
2. Adjust purchasing to reduce excess food.
3. Rotate perishable stock at each delivery to ensure the first perishables in are the first perishables out.
4. Safely store all food to ensure perishables keep their maximum life.

Whether you are running a hotel or a household, check out CalRecycle's tips and tricks to reducing excess food.

Do you know of another local food recovery organization? Let us know at recycling@palmdesert.gov.

Good Samaritan Food Donation Act

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.