In 2016, Governor Brown signed Senate Bill 1383 into California law, establishing statewide greenhouse gas emission reduction goals:
This law expands upon the requirements of AB 341: Mandatory Commercial Recycling and AB 1826: Mandatory Commercial Organics. However, SB 1383 is unique in that it impacts residents in addition to businesses, and it requires some businesses to donate excess edible food to feed people in addition to diverting organic materials from the garbage. As the most aggressive waste reduction law to be adopted in California for the past 30 years, SB 1383 includes significant penalties for non-compliance.
Organic materials, sometimes called organics or organic waste, mean solid wastes containing material originated from living organisms and their metabolic waste products. Some examples include:
Organic materials should be separated from the garbage and placed in a green bin that is serviced by a franchised hauling company. Alternatively, you may choose to self-haul to a permitted facility. All organic materials collected in Sonoma County are composted.
Contact us or your hauling company to request indoor containers, posters, labels, and stickers at no extra cost. Staff are available to provide training or host workshops for your employees or tenants, to teach them how to properly sort their waste and prevent contamination.
Tier One Commercial Entities are required to comply with excess food donation requirements starting Jan 1, 2022 while Tier Two Commercial Entities are required to comply starting Jan 1, 2024.
Tier One | Tier Two |
Supermarkets | Restaurants with 250 or more seats, or a total facility size ≥ 5,000 sq. ft. |
Grocery stores | Hotels with an on-site food facility and ≥ 200 rooms |
Food service providers (contracted only) | Health facilities with an on-site food facility and ≥ 100 beds |
Food distributors | Large venues that annually seat or serve an average of ≥ 2,000 individuals per day of operation |
Wholesale food vendors | Large events that serves an average of ≥ 2,000 individuals per day of operation |
State agencies with a cafeteria with ≥ 250 seats, or a total cafeteria facility size ≥ 5,000 sq. ft. | |
Local education agencies with an on-site food facility |
Only 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 or half-eaten foods. Foods that are past the "best by" date may be okay, but please make sure the food is still safe to eat before donating by following safe food handling practices (below).
Do not donate foods that are rotten, half-eaten, or have their packaging opened or damaged. Please limit donation of foods that are low in nutrition.
When donating food, please make sure to follow safe food handling practices.
Please refer to the Sonoma County Environmental Health Department for more information and resources.
Businesses, schools, and other organizations with excess or surplus food are encouraged to donate food and feed people who may be food insecure. Zero Waste Sonoma (ZWS) and Conservation Corps North Bay (CCNB) are pleased to offer free food pick-up services through grants with CalRecycle and CalVolunteers. Please contact Xinci Tan <xinci.tan@sonoma-county.org> and Kyle LaRue <klarue@ccnorthbay.org> for more info and to sign up.
In addition, ZWS has purchased a license with Careit for a food donation software, which helps connect food donors with food recipient/distribution organizations. The software makes it easy for restaurants, grocery stores, schools, and other food donors to post surplus food, and nearby non-profit organizations are notified of the food available for pick up. Sign up to donate or receive food at https://careitapp.com/
As Zero Waste Sonoma's grant partner, Conservation Corps North Bay (CCNB) offers free food pick-up services. This program is funded by a Grant from the Department of Resources Recycling and Recovery (CalRecycle) through California Climate Investments, statewide program that puts billions of Cap-and-Trade dollars to work reducing GHG emissions, strengthening the economy, and improving public health and the environment — particularly in disadvantaged communities.
The Cap-and-Trade program also creates a financial incentive for industries to invest in clean technologies and develop innovative ways to reduce pollution. California Climate Investments projects include affordable housing, renewable energy, public transportation, zero-emission vehicles, environmental restoration, more sustainable agriculture, recycling, and much more. At least 35 percent of these investments are located within and benefiting residents of disadvantaged communities, low-income communities, and low-income households across California. For more information, visit the California Climate Investments website (http://www.caclimateinvestment.ca.gov)
The state agency CalRecycle developed a Model Food Recovery and Donation Agreement, which may help define the services and expectations between commercial Tier I and II food donors and food recipient/distribution organizations.
Federal and state civil and criminal liability protections are in place for both food donors and nonprofit organizations who receive or distribute food donations to those in need.
1. California Good Samaritan Act (AB 1219 2017)
2. California Code Section 114433
3. Federal Bill Emerson Good Samaritan Food Donation Act (1996)
Food date labels are an attempt to indicate quality of food, but not safety. In fact, the only federal regulation for date labeling of products is for infant formula. Most food products are still safe to eat past the date labeled on the product.
Credit: NRDC and the Ad Council
Commercial businesses and entities may be waived from the organics collection and/or food recovery requirements of SB 1383 for the following reasons.
De Minimis
Space Constraints
There is not enough space on the premises to store dumpsters/carts/bins for all three waste streams (garbage, recycling, and organics). Photo evidence must be submitted to xinci.tan@sonoma-county.org before the waiver will be approved.