What Is SB 1383 and Why It Matters for Businesses

Senate Bill 1383 (SB 1383), passed by the State of California in 2016 and enforced in stages beginning in 2022, is part of the state’s effort to reduce greenhouse gas emissions by diverting organic waste from landfills. One of its central goals is to cut short-lived climate pollutants—like methane—that are released when food and other organic materials decompose in landfills.

For businesses, SB 1383 brings new responsibilities. Businesses that generate large volumes of edible food (known as edible food generators) are required to keep surplus food out of the trash and instead donate or otherwise recover it. They must arrange contracts or written agreements with food recovery organizations or services, maintain records of what food was recovered, how often, and how much. In addition, jurisdictions (such as the City of Indio) are tasked with outreach, education, and ensuring that local food recovery infrastructure is available to support these businesses.

Not complying with SB 1383 may result in penalties, inspections, or other enforcement actions. Beyond legal requirements, many businesses find additional benefits—reduced waste hauling costs, stronger community relations by helping address food insecurity, and contributing to climate action.

What Is Edible Food Recovery
“Edible food recovery” refers to collecting food that is still fit for human consumption—but which might otherwise go to waste—and redirecting it to those in need. This includes surplus food from grocery stores, restaurants, food distributors, caterers, institutions, hotels, and more, that for reasons of overstock, cosmetic standards, or surplus operations might not be sold or used.

Under SB 1383, edible food recovery has specific requirements:

-Donate maximum surplus food: Covered businesses must recover the maximum amount of edible food possible, rather than disposing of it.

-Written agreements: Businesses must establish written agreements with food recovery organizations or services. Agreements define acceptable food types, pickup or delivery schedules, and responsibilities.

-Recordkeeping: Businesses must document the amount (by weight) of food recovered, maintain copies of agreements, and track donation frequency and types of food donated.
 
-Food safety: All donated food must meet health and safety standards. Unsafe food or food that has already been served to consumers cannot be donated.
 
-Recovering edible food is not only a compliance requirement but also a vital way to reduce environmental impact and support residents facing food insecurity. By donating, businesses help reduce greenhouse gas emissions, support local nonprofits, and promote community well-being.

Local Food Recovery Organizations
 
To support Indio businesses with compliance, the following organizations are available to accept edible food donations:

FIND Food Bank – the regional food bank serving the Coachella Valley and Desert Region. FIND partners with local businesses to collect surplus edible food and distribute it to community organizations serving families in need.

Coachella Valley Rescue Mission (CVRM) – provides meals, shelter, and support services to individuals and families in need. CVRM accepts surplus edible food donations from businesses to help feed residents across the valley.

Businesses are encouraged to establish donation agreements with FIND Food Bank and/or Coachella Valley Rescue Mission (CVRM) to ensure compliance with SB 1383.

Guidance for Jurisdictions: How to Identify SB 1383 Commercial Edible Food Generators