Feeding Hungry People While Reducing Food Waste
The State of California estimates that half of all material currently going to landfills is organic material, much of which is edible food. Meanwhile, 1 out of every 6 people in Contra Costa County is food insecure, struggling to find their next meal.
First, we reduce the amount of food we have leftover. Second, we donate our extra food to someone in need. Third, we compost it. Landfilling is always the last resort. The amount of resources and labor that go into growing and transporting food to your table, make it worth the effort to make sure it gets eaten by someone.
Food Recovery Programs for Certain Businesses:
All Food Generating Businesses that fall under Tier 1 or Tier 2 criteria, must set up a food recovery program that meets SB 1383 & Antioch Municipal Code § 6-3 requirements by the specified date. Tier 1 Food Generators should already have programs in place as of January 1st, 2022. Tier 2 Food Generators should have programs in place by January 1st, 2024.
Every Tier 1 and Tier 2 business must save the maximum amount of edible food possible from going to waste and donate it to a food recovery organization that gives it to people experiencing food insecurity.
To determine if your business is a Tier 1 or Tier 2 Food Generator according to State and City law, see the criteria outlined below.
Tier 1 Criteria:
- Supermarkets: A full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000) or more and which sells a line of food products.
- Grocery Stores: Those with a total facility size equal to or larger than 10,000 square feet.
- Food Service Providers: A facility that primarily provides food services to institutional, governmental, industrial, or commercial locations based on contractual agreements with these types of organizations.
- Food Distributors: A business that distributes food to entities including, but not limited to, supermarkets and grocery stores.
- Wholesale Food Vendors: A business engaged in the wholesale distribution of food, where food is received, stored, prepared, and shipped for distribution to another entity.
Food Recovery Requirements for Tier 1 & 2 Businesses:
- Food generating businesses must arrange to recover and donate the maximum amount of edible food that would otherwise go in the organics/compost bin but not in the trash bin.
- Food generators shall not intentionally spoil edible food that is capable of being recovered for donation.
- Food generators must have a contract or written agreement with a food recovery organization or service that establishes if donated food is either collected by or delivered to the food recovery organization.
- Food generators must have copies of all their contracts or written agreements to provide to the City of Antioch’s designated enforcement entity upon request.
- Food generators must keep records of the following:
- A list of all the food recovery organizations or services that they have a contract or written agreement with
- A record of the following information for each of those food recovery organizations or services:
- Name, address and contact information
- The types of food that are donated
- The established frequency that food will be collected by or delivered to the food recovery organization
- The quantity of food, measured in pounds, that is recovered every month
- Food generators must allow the City of Antioch’s designated enforcement entity to access the premises and review records.
Please refer to the CalRecycle website
for more information on SB 1383 food recovery requirements for food generators.
Tier 2 Criteria:
- Restaurants: Those that seat 250 or more people or those with a total facility size of 5,000 square feet or more.
- Hotels: those with an on-site food facility and 200 or more rooms.
- Health Facilities: Those with an on-site food facility and 100 or more beds.
- Large Venues: A permanent venue facility that seats or serves an average of 2,000 people or more in the facility per day of operation.
- Large Events: An event that charges an admission price or is operated by a local agency and serves an average of 2,000 people or more per day of operation. Some examples include, but are not limited to, a flea market, festival or sporting event located at a public, non-profit or private park, parking lot, golf course or street system.
- State Agencies: Those with a cafeteria with 250 or more seats or a total cafeteria facility size of 5,000 square feet or greater.
- Local Education Agencies: A school district, charter school or county office of education that is not subject to the control of city or county regulations, with an on-site food facility.
Food Recovery Requirements for Tier 1 & 2 Businesses:
- Food generating businesses must arrange to recover and donate the maximum amount of edible food that would otherwise go in the organics/compost bin but not in the trash bin.
- Food generators shall not intentionally spoil edible food that is capable of being recovered for donation.
- Food generators must have a contract or written agreement with a food recovery organization or service that establishes if donated food is either collected by or delivered to the food recovery organization.
- Food generators must have copies of all their contracts or written agreements to provide to the City of Antioch’s designated enforcement entity upon request.
- Food generators must keep records of the following:
- A list of all the food recovery organizations or services that they have a contract or written agreement with
- A record of the following information for each of those food recovery organizations or services:
- Name, address and contact information
- The types of food that are donated
- The established frequency that food will be collected by or delivered to the food recovery organization
- The quantity of food, measured in pounds, that is recovered every month
- Food generators must allow the City of Antioch’s designated enforcement entity to access the premises and review records.
Please refer to the CalRecycle website
for more information on SB 1383 food recovery requirements for food generators.
Start Donating Today!
For Tier 1 and Tier 2 food generating businesses, a list of food recovery organizations/services in Antioch and Contra Costa County who are able to receive and collect surplus edible food from your business.
Contact an organization of your choice so your business can start donating food today!
If you are unsure of how to create your written agreement/contract with the food recovery organization you are donating to, use the following Template
Safe Practices for Food Recovery & Donation:
Contra Costa Environmental Health provides resources to help businesses safely donate edible food, like this helpful brochure and this handy flyer.
Legal Protection:
Both Federal and State laws provide liability protections for good faith food donors (the Federal Good Samaritan Act & California Good Samaritan Food Donation Act). Nothing in the SB 1383 law shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017.
Assistance: City of Antioch Environmental Resources staff is available to help answer questions and provide resources to support your business in developing a successful and compliant food recovery program. Please click HERE to contact us for assistance.