California SB 1383

Tier 1 commercial edible food generators (supermarkets, grocery stores, food distributors, and wholesale food vendors) were required to comply starting January 1, 2022. Tier 2 generators (restaurants with 250+ seats, hotels with 200+ rooms, hospitals, schools, and large venues) must comply starting January 1, 2024.

Penalties can range from $50-$100 per day for initial violations, increasing up to $500 per day for repeat violations. However, jurisdictions may provide exemptions based on capacity constraints of local food recovery organizations.

Safe, edible surplus food including fresh produce, packaged goods, prepared foods, dairy products, and baked goods can be donated. All food must meet food safety standards and be suitable for human consumption.

Careit connects your business with over 2,000 food recovery nonprofits across California. Our platform auto-generates compliant donation agreements, maintains detailed records of all donations, and provides reporting tools for compliance verification.

Yes. The Federal Bill Emerson Good Samaritan Food Donation Act and California's Good Samaritan Food Donation Act protect food donors from civil and criminal liability when donating in good faith.

You must maintain records of the types and quantities of food donated, the dates of donations, and the food recovery organizations that received the donations. Careit automatically tracks all of this information.

Yes. Restaurants with 250 or more seats and food service providers at large venues (over 2,000 seats) are required to comply. Fast food businesses must comply if primarily engaged in retail food sales for immediate consumption and facilities are 5,000+ sq ft or have 250+ seats. Mobile food facilities cannot donate potentially hazardous foods held above 135°F at the end of an operating day, but other edible foods must be recovered.

No. Commercial edible food generators will not be penalized if local food recovery organizations or services do not have the capacity to accept the edible food. However, the burden of proof lies with the generator to demonstrate this extraordinary circumstance.

Organizations may give surplus food to clients or employees. However, food that would otherwise be disposed of must be recovered by a food recovery organization or service to meet SB 1383 requirements.

Yes. SB 1383 requires contracts or written agreements with food recovery organizations or services. This ensures safe, professional, and reliable food recovery and protects against donation dumping. Careit auto-generates compliant agreements when you connect with nonprofit partners.

Each store location must maintain its own records specific to that location's food recovery activities and make them available to jurisdictions upon request. Careit tracks records per location automatically.

If vending machines require food facility permits or if schools have other food facilities on-site, they must comply with commercial edible food generator requirements and recover maximum edible food.