There are various legal protections in place for businesses donating foods for charitable purposes. Please visit our website at https://www.placer.ca.gov/3412/Feed-It-Forward and review the legal protections for food facilities (page 6) in our safe surplus food donation toolkit.
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Your business has been identified as meeting the criteria of one of the defined categories of commercial edible food generators in SB 1383:
Tier I commercial edible food generators are businesses such as grocery stores, supermarkets, wholesale vendors, and food service providers. The deadline for Tier I businesses to begin donating food is January 1, 2022.
Tier II commercial edible food generators are businesses such as restaurants, hotels, schools, and large events and venues. The deadline for Tier II businesses to begin donating food is January 1, 2024.
As a commercial edible food generator, you must enter into a contract or other written agreement with a food recovery service or food recovery organization to donate the maximum amount of edible food that would otherwise be discarded. No food may be intentionally spoiled to avoid donation.
Records must be maintained on-site at your business, including:
Copies of the contracts or written agreements with each food recovery organization or service.
Yes, there is no limit to the number of food recovery organizations or services that you may utilize. You are required to have either a contract or other written agreement with each partnered organization or service.
Donating food to charitable organizations helps fight hunger in underserved communities in our County and beyond. Additionally, there are tax benefits available to your business by donating food.
Please visit our website at https://www.placer.ca.gov/3412/Feed-It-Forward and review our safe surplus food donation toolkit for donating food to charitable feeding organizations. The toolkit contains the following helpful information:
Placer County maintains a list of food recovery organizations and services (food banks, food pantries, etc.) and contact information on its website at https://www.placer.ca.gov/7726/Edible-Food-Recovery-Program. View current list of charitable food organizations.
SB 1383 grants a commercial edible food generator the ability to demonstrate the existence of extraordinary circumstances beyond its control which make food donations impracticable. Such circumstances may include Acts of God such as earthquakes, wildfires, flooding and other emergencies or natural disasters, or failure by the local solid waste collection jurisdiction to provide adequate avenues for food to be donated. The burden of proof falls on you, the business owner, to demonstrate the existence of such circumstances.
Tier I commercial edible food generators are:
Tier II commercial edible food generators are: