We’ve been talking SO much about SB 1383 that this week, our COO Katie Marchini was asked to speak at the 2023 WasteExpo Conference in New Orleans and share more details.

She had some compelling updates….

Eighteen months following the initial rollout, businesses have started to take note, and are gaining more familiarity with the food donation process. Even companies who aren’t required to comply by law are jumping on board, as they’re being influenced by food generators and the impact of food recovery.

On the other hand, some businesses remain in the dark.

“There’s not enough education and outreach, let alone standardized messaging, to ensure businesses understand and are prepared for compliance, so many donors are holding off on donations until they’ll be hit with a fine,” Katie observed. “For years, businesses have shared their concern about the liability of donating surplus food. With SB 1383 rolling out in California, businesses can no longer blame potential liability to explain why they aren’t donating their surplus, as the government is now telling them it’s required.”

To support those businesses, jurisdictions like San Francisco are providing funding opportunities to help establish infrastructure and offset the cost of food recovery. 

As a reminder, food generators must meet a handful of requirements to adhere with compliance standards, including providing written contracts or service term agreements with food recovery organizations, and maintaining easily accessible, real-time, detailed records of pounds collected, frequency of donations, and types of food donated. 

Fortunately, food recovery organizations like Replate help companies hit all these notes.

Another sign of SB 1383’s impact: other states are looking into similar legislation. 

According to ReFED, early in 2022, Washington passed HB 1799, a food waste bill that requires businesses that produce at least eight cubic yards of organic waste per week to arrange for on-site composting or organics collection starting in 2024. It also encourages them to donate edible food, and by 2025, at least 20% of edible food must be recovered and donated. 

Legislators in Rhode Island, New York, and New Jersey proposed modifications to their own organic waste bans, Connecticut is taking steps to require food donation programs, and states like Massachusetts are encouraging food donation through tax incentives. 

More recently, California legislators offered clarity around penalties for those who do not comply with SB 1383, and began sending alerts about enforcement. Every jurisdiction will be tasked with enforcing the bill, while CalRecycle will enforce compliance with jurisdictions. The first violation ranges from $50-100, but three or more will cost you about $250-500 each.

“One lesson we’re learning as a result of SB 1383 is that we cannot hold out until years later to begin enforcement of the legislation,” Katie noted. “The enforcement of food surplus donations needs to happen alongside the compliance piece…We need to work together and understand how we can fill in those gaps throughout the food system.”

For additional resources on SB 1383, visit our website.