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SB 1383: Edible Food Donation

SB1838 Food Donation Intro

Food service businesses (commercial food generators) have an enormous role to play in seeing their edible products are connected to those in need!  Considering that 1 in 6 people in LA County are food insecure, food recovery and donation is the smartest way to address the hunger crisis while reducing food waste, preserving landfill space, valuing agricultural resources, and mitigating climate change.    


Commercial Food Generator Food Donation Requirements (PDF)

Certain Food Generators, identified by business category as Tier 1 or 2, are required to donated all surplus edible food to a non-profit, secured through a written agreement. Tier 1 must comply by January 1, 2022 and Tier 2 by January 1, 2024. 

Tier 1

  • Supermarkets
  • Grocery stores (with a total facility size 10,000 square feet or more)
  • Foodservice distributors
  • Wholesale food markets

Tier 2 

  • Restaurants (with 250 seats or more, or 5,000 square feet or more)
  • Hotels (with on-site food facility and 200 rooms or more)
  • Health facilities (with onsite food facility and 100 or more beds)
  • State agencies (with a cafeteria with 250 or more seats, or 5,000 square feet or more)
  • Local education agencies (with an onsite food facility)
  • Large venues and events

If your business falls under either tier, you must arrange to recover the maximum amount of edible food that would otherwise go to landfills and maintain records of your compliance. 

The City of Burbank will be inspecting these donation agreements, as well as records of weights and food types donated each month.  Visit CalRecycle for more information and guidance on the food donation agreement.

Donating food does not exempt a business from SB 1383's separate organics waste collection bin mandates unless they are eligible for a waiver.

Don't waste...DONATE!

Food donation is very accessible!  LA County's Food Drop is a great resource for businesses interested in donating food. Questions? Email ZeroWaste@burbankca.gov
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