CALIFORNIA’S STATE ORGANICS LAW

GUIDE TO SB 1383 (PDF)    GUIA A SB 1383 (PDF)

SEPARATE ORGANIC WASTE

Business and Multi-Family Waiver

SB 1383 Is a statewide effort to reduce emissions of short-lived climate pollutants (SLCP). Specifically, the law sets the following targets:

• Reduce statewide disposal of organic waste by 50% by January 1, 2020 (based on 2014 levels).
• Reduce statewide disposal of organic waste by 75% by January 1, 2025 (based on 2014 levels).
• Recover a minimum of 20% edible food safe for human consumption, which is currently being disposed of, by 2025.

CalRecycle is the state agency responsible for creating the regulatory standards for SB 1383. The final regulation for SB 1383 can be found here.

• Effective January 1, 2022: CalRecycle’s regulations to meet statewide organics reduction and food recovery requirements take effect. Enforcement provisions, including penalties for non-compliance issued by the state, also take effect.
• Effective January 1, 2024: Regulations may require local jurisdictions to impose penalties for non-compliance on regulated entities subject to their authority.

 

Why SB 1383?

When compostable materials such as food scraps and other organic materials get landfilled, they create greenhouse gas emissions. Compostable materials such as food waste and paper decompose anaerobically (without oxygen) in a landfill, producing methane.

What Happens Inside a Landfill?

The purpose of this organics law is to reduce these greenhouse gases and build upon California’s efforts to reduce air pollution statewide.

Did you know that 40% of all food produced in the U.S. is wasted? That equals approximately 133 billion pounds of food wasted per year. Reducing organic waste by 75% (from the 2014 base year would require diversion of about 292,000 tons per year. While this goal may seem big, each one of us has the power to help reach this goal.

Who does SB 1383 apply to?

SB 1383 applies to all residents (single-family homes and apartments/condos) and businesses.

How does SB 1383 impact me as a resident?

All residents living in single-family homes in San Luis Obispo County are automatically provided curbside organics (compost/green cart) service. If you do not have compost service, please contact your Service Provider to set up your service.

How does SB 1383 impact me as a business?

If you own a business or apartment/condo complex (of five units or more), you are required to divert organic materials from the landfill by:

• Subscribing to and participating in the organics collection service via your garbage collection company or;
• Self-haul organic waste to a specified composting facility found here. *Note: Records of this service MUST be maintained including weight tickets from the facility where the materials were delivered to.
• Provide collection containers for organic waste and recyclables to employees, contractors, tenants, and customers. Collection service must be arranged so that access to an adequate number, size, and location of containers with correct labels is available.
• 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). Contact the IWMA at 805-782-8530 for free indoor containers.
• Annually provide educational information about the legal requirements to compost and recycle including how to properly sort between the three waste streams. IWMA can provide educational materials for your employees and apartment/condo residents at no additional cost.

Edible Food Recovery Program

California Senate Bill 1383 (SB 1383) requires commercial edible food generators to donate all leftover or unsold food that would otherwise be disposed by donating the food to a food recovery organization/services. 
What is edible food? “Edible Food” means food intended for human consumption. 

 

Businesses Classified as Commercial Food Generators:

So, who exactly is affected by SB 1383 and when? For the recovery of edible food waste, edible food generators are split into two tiers and must arrange to recover the maximum amount of edible food that would otherwise go to landfills and maintain records through a written agreement.

Tier One must comply with edible food recovery requirements by January 1, 2022. This includes:
Supermarkets → Grocery stores (with a total facility size 10, 000 square feet or more) → Food service distributors → Wholesale food markets

Tier Two must comply with edible food recovery requirements by January 1, 2024. This includes:
Restaurants (with 250 seats or more, or 5,000 square feet or more) → Hotels (with onsite 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

 

 

Commercial Edible Food Generator Requirements

1. Secure a contract or written agreement with an edible food recovery organization or serivce, such as a food bank, to recover the maximum amount of edible food that would otherwise be disposed. 
2. Keep a list of each food recovery organization or service that receives or collects the edible food and maintain copies of the contracts or agreements. 
3. Keep a record of the following for each contract or written agreement:
   a. Name, address, and contact information of the service or organization,
   b. The types of food that will be collected by or self-hauled to the service or organization,
   c. The established frequency that food will be collected or self-hauled, and
   d. The pounds of food per month collected by or self-hauled to a service or organization for food recovery

Food Recovery Organizations:

A food recovery organization or service contracted to collect or receive edible food directly from commercial edible food generators must maintain the following records:  
 1. Name, address, and contact info for each commercial edible food generator that the organization receives edible food from. 
 2. Pounds of edible food per month received from each commercial edible food generator. 
 3. Name, address, and contact info for each food recovery service that the organization receives edible food from.

Visit our local food recovery organizations for more information on food recovery programs and donations:

SLO Food Bank – San Luis Obispo
Sunny Acres – San Luis Obispo
Loaves and Fishes – Paso Robles
The Church of God of Prophecy – Oceano
Cambria Vinyard Church – Cambria
Five Cities Christian Women Food Pantry – Grover Beach