WHAT IS SB 1383?
In September 2016, former Governor Jerry Brown signed into
law Senate Bill 1383 (SB 1383) establishing a statewide effort to reduce
emissions of short-lived climate pollutants (SLCP). The law specifically sets the following targets:
- Reduce statewide disposal of organic waste by
50% by January 1, 2020 and by 75% by January 1, 2025 (based on 2014 disposal
- Recover and redistribute at least 20% of
currently disposed edible food for human consumption by 2025.
CalRecycle, the state agency responsible for creating the
regulatory standards for SB 1383, has established the following key dates:
January 1st, 2022: CalRecycle’s regulations to meet statewide
organics reduction and food recovery requirements take effect.
January 1st, 2024: Regulations may require local jurisdictions
to impose penalties for non-compliance on regulated businesses.
WHY ORGANIC WASTE?
When organic waste, such as food, green waste, and paper
products decompose in a landfill, they produce methane gas – a potent
greenhouse gas emission pollutant. The
intent of the organic waste diversion goal is to reduce the emissions of
methane gas to combat global climate change.
WHAT DO BUSINESSES
NEED TO DO?
SB 1383 applies to all businesses in California. If you own a business or apartment/condo
complex (of five or more units), beginning January 1, 2022 you are required to:
- Divert organic waste from the landfill by
- Subscribing to and participating in the organics
collection service via Recology Vacaville Solano, or
- Arrange for organic waste to be composted or
otherwise legally managed on-site.
- Provide collection containers for organic waste
and recyclable materials to employees, contractors, tenants, and customers
- Provide indoor containers for organic waste and
recyclables in all areas where disposal containers are provided for customers,
except in restrooms (multi-family dwellings are exempt).
- Containers must meet standardized color
requirements: Gray or black for garbage, blue for recycling, and green for
organics. Additionally, containers must
have labels with graphic images to indicate acceptable and unacceptable
materials. The City of Vacaville and
Recology Vacaville Solano may be able to provide these labels at no additional
- Annually provide employees with educational
information about the legal requirements to compost and recycle including how
to properly sort between the three waste streams.
WHAT IF MY BUSINESS
DOESN’T PRODUCE ORGANIC WASTE?
Many businesses produce organic waste without realizing
it. Organic waste includes:
- Fruit and vegetable scraps
- Bread, rice, pasta and grains
- Meat, poultry, fish, and shell fish
- Coffee grounds and tea leaves
- Green Waste
- Landscaping waste (grass clippings, leaves,
- Flowers, plants, and weeds
- Paper and Wood Products
- Coffee filters and tea bags
- Food-soiled tissue, napkins, and paper towels
- Paper cups that contain no plastic or coating
- Wooden chopsticks and coffee stir sticks
Some businesses may be granted a waiver for exemption from
some or all requirements of SB 1383 if they can provide documentation and
evidence to support a De Minimus Waiver:
- Total solid waste collection (cumulative total
of all waste streams) is more than two
cubic yards per week and organic waste is less than 20 gallons per week.
- Total solid waste collection (cumulative total
of all waste streams) is less than two
cubic yards per week and organic waste is less than 10 gallons per week.
Contact the City of Vacaville Solid Waste and Recycling
Office at (707) 469-6507 or firstname.lastname@example.org
if you believe your business may qualify.
WHAT ARE THE
REQUIREMENTS FOR EDIBLE FOOD RECOVERY?
To reduce unnecessary food waste and help address food
insecurity, SB 1383 requires certain businesses to implement programs designed
to distribute edible food to those who are food insecure. Edible food is food intended for people to
eat, including food not sold because of appearance, age, freshness, grade,
surplus, etc. Edible food includes, but
is not limited to prepared foods, packaged foods, and produce. All edible food must meet the food safety
requirements of the California Retail Food Code.
For the recovery of edible food waste, edible food
generators are split into two tiers:
|Tier One must comply with edible food recovery requirements by January 1st, 2022. This includes:
- Grocery stores (with a total facility size ≥7,500 sq.ft.)
- Food service distributors
- Wholesale food markets
|Tier Two must comply with edible food recovery requirements by January 1st, 2024. This includes:
- Restaurants (with ≥250 seats, or ≥5,000 sq. ft.)
- Hotels (with onsite food facility and ≥200 rooms)
- Health facilities (with onside food facility and ≥100 beds)
- State agencies (with a cafeteria with ≥250 seats, or ≥5,000 sq. ft.)
- Local education agencies (with an onsite food facility)
- Large venues
- Large events
SB 1383 requires edible food generators to do the following:
excess edible food – It is not
required that businesses donate all excess edible food, however SB 1383 does include the following
- Edible food generators cannot intentionally
spoil edible food ;
- Edible food generators are allowed to give away
excess food to employees, take it home for personal use, or give it away to
- Edible food generators must recover the maximum
amount of edible food that would otherwise be disposed of. This can be accomplished by donating or
paying for the food to be recovered by a food recovery organization or service,
which includes but is not limited to food banks, food pantries, soup kitchens,
for-profit food recovery services and other non-profits that distribute food to
people in need.
contracts or written agreements – Edible food generators must establish
contracts or written agreements with food recovery organizations and
services. Food recovery organizations
and services vary in the amount and types of food they can receive so edible
food generators may need to establish contracts or written agreements with
multiple food recovery organizations and services to be in compliance.
Records – Edible food generators must maintain records of their food
recovery activities. Recordkeeping
- A list of each food recovery service or
organization that collects or receives its edible food under a contract or
- A copy of contracts or written agreements
between the edible food generator and a food recovery organization that
contains the following information:
- The name, address and contact information of the
service or organization
- The types of food that will be collected by or
self-hauled to the service organization
- The established frequency that food will be
collected or self-hauled
- The quantity of food collected or self-hauled to
a service or organization for food recovery.
The quantity shall be measured in pounds per month.
The City of Vacaville is required to monitor compliance by
performing annual inspections to review the following records:
- Contract or written agreement information for
food recovery organizations and services
- Schedules for food recovery deliveries or
- Quantity of food recovered in pounds per month
- Types of good each food recovery organization
will receive or collect.
To assist edible food generators in locating and partnering
with food recovery organizations, the City of Vacaville will post and maintain
a list of organizations and services operating in Solano County on www.vacavillerecycling.com.
To learn more about SB 1383’s requirements visit www.calrecycle.ca.gov/Climate/SLCP/.
For additional information on requirement for edible food
generators, visit www.calrecycle.ca.gov/organics/slcp/foodrecovery.
For all other questions, contact us at: