Who is affected by SB 1383?

Businesses that fall under Tier 1 and Tier 2, also referred to as commercial edible food generators. 

Tier 1 businesses (compliance begins January 1, 2022): 

1. Supermarkets: A full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items.
2. Grocery stores: Any grocery store or supermarket with a total facility size equal to or greater than 10,000 square feet.
3. Food service providers: An entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others.
   • Examples: 
     • Cafeteria food service contractors may contract with K-12 schools, universities, government offices and cafeterias, corporate cafeterias, hospitals, etc.
     • Food concession contractors may contract with sporting, entertainment and convention facilities
     • Airline food service contractors
4. Food distributors: A company that distributes food to entities including, but not limited to, supermarkets and grocery stores
   • Examples: 
     • Distribution companies such as US Foods, Sysco, and Tyson. 
   • Note: These businesses may also be identified as wholesale food vendors depending on if food is received, shipped, stored, and prepared for distribution by the business.
5. Wholesale food vendors: A business or establishment engaged in the merchant wholesale distribution of food, including fruits and vegetables, where the food is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination.
   • Examples: 
     • Distribution companies such as US Foods and Sysco. 
   • Note: These businesses may also be identified as food distributors depending on if food is also distributed to retail merchants.
     
     

Tier 2 businesses (compliance begins January 1, 2024): 

1. Restaurants: Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
2. Hotels:  Hotels with an on-site food facility and 200 or more rooms.
   • Note: A bed and breakfast may be a tier two commercial edible food generator if it meets the definition of a hotel or if it has a restaurant that meets the restaurant definition.
3. Health Facilities: Health facility with an on-site food facility and 100 or more beds.
4. Large Venues: Large venue means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation.
   • Examples: 
     • A public, nonprofit, or privately owned or operated stadium
     • Amphitheater
     • Arena
     • Hall
     • Amusement Park
     • Zoo
     • Aquarium
     • Airport
     • Racetrack
     • Horse track
     • Performing arts center
     • Fairground
     • Museum
     • Theater
     • Other public attraction facility
   • Note: A facility or site owned by one entity that includes individual businesses located on the site is considered a single large venue. For example, the following are considered a single large venue:
     • Anaheim Packinghouse District
     • The Camp in Costa Mesa
     • Little Italy Food Hall in San Diego
5. Large Events: Large events means an event, including, but not limited to, a sporting event, a flea market or a festival, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event.
   • Examples:
     • Music concerts (operated by a local agency or charges a fee)
     • Asparagus Festival in Stockton (charges a fee)
     • Large farmer’s markets (operated by a local agency or charges a fee)
     • Scott’s Fest at the Queen Mary in Long Beach (charges a fee)
6. State Agencies: A state agency with a cafeteria with 250 or more seats or a total cafeteria facility size equal to or greater than 5,000 square feet. 
   • Examples:
     • California Public Employees' Retirement System
     • California State Teachers' Retirement System
     • Franchise Tax Board
7. Local Education Agencies: A local education agency with an on-site food facility. Local education agency means a school district, charter school, or county office of education that is not subject to the control of city or county regulations.
   • Note: Private schools and private universities are considered businesses, not local education agencies. Jurisdictions will determine if private schools and private universities meet the definition of another commercial edible food generator type, such as a restaurant.
8. Non-local Entities: Non-local entity means an entity that is an organic waste generator but is not subject to the control of a jurisdiction’s regulations related to solid waste.
   • Examples:
     • Prisons
     • Facilities operated by the state parks system
     • County fairgrounds that have a restaurant, hotel, health facility, large venue or large
     • Event that meets the definition of another type of commercial edible food generator
       

Who else is involved and/or affected by this bill? 

1. CalRecycle: Will conduct enforcement with jurisdictions.
2. Local government/jurisdictions: Each jurisdiction will conduct enforcement with food donors
3. Food rescue organizations (nonprofit organizations receiving food):
   • Nonprofit organizations who will set up self-hauling agreements with food donors
4. Food rescue services (organizations like Replate): 
   • Food rescue groups who will set up food recovery agreements with food donors