Along with California Senate Bill (SB) 1383’s requirements to reduce organic waste disposal by 75%, edible food recovery has to be increased by 20% of currently disposed surplus food. SB 1383 requires both Tier 1 and Tier 2 commercial edible food generators to donate all leftover or unsold food that would otherwise be disposed by donating the food to a food recovery organization or service such as food bank or soup kitchen. 

What is Edible Food?

Edible food means it is intended for people to eat, including food not sold because of surplus, appearance, age, or freshness, and includes prepared food, packaged food, and produce.

Who Has to Comply?

 Tier 1 Commercial Edible Food Generators include:

• Supermarkets with an annual revenue of $2 million or greater;
• Grocery stores with a total facility size of 10,000 square feet or more; and
• Food service providers, food distributors, and wholesale food vendors.

 Tier 2 Commercial Edible Food Generators include:

• Restaurants with 250 or more seats or a total facility size equal to or greater than 5,000 sq ft
• Hotels with an on-site food facility and 200 or more rooms
• Health facility with an on-site food facility and 100 or more beds
• Large venues and large events
• State agencies with a cafeteria with 250 or more seats or a total cafeteria facility size equal to or greater than 5,000 sq ft.
• Local education agencies with an on-site food facility

How to Comply

 Tier 1 and Tier 2 generators must:

1. Arrange to recover the maximum amount of excess edible food that would otherwise go to landfills and,
2. Establish a written agreement with each partnering organization or service that accepts edible food. (Need an agreement form? Use ours: City of Merced Food Recovery Agreement Form)
3. Maintain records that include:

• a list of each food recovery organization or service that receives or collects the edible food,
• Name, address, and contact information of the service or organization,
• The types of food collected by or self-hauled to the service or organization,
• The frequency/when food is collected or self-hauled,
• The pounds of food per month collected by or self-hauled to a service or organization for food recovery.
  1. Turn in annual report to the City of Merced using the City’s Annual Edible Food Recovery Form

Food Recovery Services and Organizations Must:

A food recovery organization/service includes, but is not limited to food banks, food pantries, or soup kitchens. A food recovery organization/service is required to:

1. Maintain records of donation activities.
2. Maintain records of the edible food collected, received, or transported.
3. Maintain records of the quantity (in pounds) of edible food collected, received, or transported from each commercial edible food generator/food recovery service per month AND annually report the activities using the Annual Reporting Form.

Please submit these documents Annually via email to solidwaste@cityofmerced.org.

Resources for Businesses

The City of Merced has developed resources to help any business set up their SB1383 edible food recovery program. See below for guides, printable tracking sheets, and additional resources.

City of Merced Edible Food Recovery Annual Reporting Form

Edible Food Recovery Partnership Agreement Form

Food Recovery List of Resources