Commercial Edible Food Generators

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Food recovery is the practice of saving surplus edible food that would otherwise be disposed of in a landfill or composted and distributing it to people to eat. Almost 1 in 4 Californians don’t have enough to eat. SB 1383 requires certain food businesses to donate the maximum amount of edible food they would otherwise dispose to food recovery organizations. If your commercial entity falls into one of the edible food generators illustrated and defined below, certain requirements apply. Learn more about the requirements on how where business falls into the commercial edible food generator regulations by reading below and by visiting CalRecycle’s Food Recovery webpage.

Donating surplus edible food from restaurants, markets, and schools is a great way to help our neighbors who are food insecure and helps your business comply with California regulations. Click the “Food Recovery Organizations” box below for an extensive list of local and regional food recovery organizations within Kern County.

Food Recovery Organizations

In addition, there are other resources and applications such as Careit, GoCopia, DivertInc, FoodHero, Replate, Too Good To Go, and Flashfood that can assist with making it easy to donate surplus food directly to local nonprofits. Not all resources may be available within Kern County.

Commercial edible food generators must – 1) recover and donate the maximum possible amount of edible, recoverable food (both fresh and shelf-stable foods); 2) comply through having a written agreement or contract with a food recovery organization; 3) maintain records including the agreement or contract and edible food organization contacts; and 4) record the quantity of food collected or self-hauled to a service or organization for food recovery.

Edible food means food intended for people to eat, including food not sold because of – appearance, age, freshness, grade, size, and surplus. Edible food includes but is not limited to – prepared foods, packaged foods, and produce. Donate quality foods that are still good to eat, and that you would give a neighbor or close friend. Unusual shapes or sizes are okay, but no rotten, expired, or half-eaten foods. It is your obligation to ensure the food is still safe to eat before donating by following all applicable food safety handling practices and regulations. For food safety, food donation tips, and food waste reduction tips, please visit Food Safety, Reduction, and Donation. Questions regarding food quality and food safety regulations can be directed to the Kern County Public Health Department at (661) 321-3000 or publichealth@kerncounty.com.

Businesses that are subject to edible food recovery are presented in the graphic below and include supermarkets, grocery stores, food service providers, food distributors, wholesale food vendors, restaurants, hotels, health facilities, large venues, large events, state agencies, local education agencies, and non-local entities. If your business falls within the SB 1383 definitions, your business is considered a commercial edible food generator and must comply. Please reach out to organics@kerncounty.com for additional information.


Graphic courtesy of CalRecycle

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