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SB 1383

A Guide to California’s �New Food Recovery Law for Hoteliers

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Presentation Overview

  1. Preface & Acknowledgement�
  2. What is SB 1383?�
  3. Why is it important?�
  4. Who will SB 1383 affect?�
  5. When will it take effect?�
  6. How can my business prepare?�
  7. Where can I learn more?�
  8. Q&A

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2020 - 2022

Some Good News

The past few years have been incredibly challenging – especially �for the hotel industry.

  1. Compliance is relatively simple.
  1. You will be supported throughout this process.
  1. There are multiple co-benefits for your business.
  • You have time to prepare.

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Overview of SB 1383

  • California’s Short-lived Climate Pollutants Reduction Act
    • (aka California Senate Bill 1383)
  • History
    • Passed in 2016
    • Set statewide targets for 2020 and 2025
    • Takes effect in several phases
      • Most recently: January 1, 2022
  • Purpose
    • Part of California’s climate strategy
    • Divert organic waste from landfills
      • To prevent climate emissions
      • To conserve our land
      • To maximize other resources

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Organic Waste

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Methane

Heat

No oxygen

Atmosphere

Trapped Heat

Greenhouse Effect

Traps �84x more heat than CO2

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*(which would otherwise be discarded)

2025

2025

75%⇩

20%⬆

Organic waste sent to landfills

Recovery of edible food for human consumption*

SB-1383 Statewide Targets

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Defining “Edible Food”

  • Originally intended for human consumption
  • Meets all safety standards set by the California Retail Food Code
  • Might be unsold or unserved due to overproduction, cosmetic issues, date-label concerns, etc.
  • Also includes beverages, condiments, and other consumables

✓ Edible

🚫 Inedible

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?

?

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Food is the most common �material in our landfills.

15%

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>1.1 million

tons of edible food were thrown away�in California in 2018.

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>1.6 million

people for an entire year.

That’s enough to feed

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1 in 5

Californians are facing�food insecurity.

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$51.7 billion

worth of food went unsold or uneaten�in California in 2019.

​

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Planet

Profit

People

Wasted�Food

>1 million people in LA County are food insecure

Food insecurity more than doubled in CA during the pandemic

1 in 10 Americans and at least 1 in 5 Californians

do not have enough to eat

Costs the U.S. economy >$400 billion each year

The commercial sector bears 58% of that cost

$1.3 billion spent on disposal fees alone

Food is the most common material in our landfills

35% of all food produced in the U.S. goes to waste

Responsible for 8-10% of global climate pollution

Wastes 5.9 trillion gallons of fresh water annually

Takes up 140 million acres of farmland

Consumes 664 billion kWh of energy annually

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The Good News About Food Waste

  1. It’s solvable.�
  2. We can take action today.�
  3. There are widespread benefits.�
  4. You can be a major part of the solution.

​

​

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A Simple Switch

Feed people…

… not landfills.

✓

X

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65%

of discarded edible food in CA �comes from the commercial sector.

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The Hotel Industry’s Potential Impact

$2.14 billion �value recouped

239 million �meals provided

>92,000 metric tons CO2e avoided

144,000 tons�surplus food

Equivalent to �10.37 million gal �of gasoline avoided

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Co-Benefits for Your Business

Bottom�Line

Staff

Guests

Food Recovery

Lower cost of �waste management

Enhanced �tax deductions

✓�Protection from legal liability

90% of hotel staff want to take action �on food waste

73% of guests more likely to choose a hotel with sustainability practices

84% prioritize waste reduction when traveling

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Food Recovery

Planet

People

Profit

Staff

Guests

Bottom�Line

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Criteria for Tier 2 Hotels

  • ≥ 200 rooms, and
  • On-site food facility
    • “An operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level…”
    • Examples
      • Commercial kitchen (e.g. for room service)
      • Breakfast service
      • Restaurant
      • Bar or lounge (with food items)
      • Snack bar
      • Vending machines

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Tier 2 Restaurants

  • An on-site restaurant may qualify for Tier 2 separately from its host property.�
  • Regulatory Criteria
    • Seating capacity of ≥ 250 persons, OR
    • *Total facility size ≥ 5,000 sq ft
      • *(Includes all areas of the restaurant,�except the parking lot)

​

  • Any exempt facilities are welcome to participate on a voluntary basis.

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Roles & Responsibilities

LA Sanitation & Environment

Food Recovery Partners

Commercial Edible Food Generators

  • Recover maximum amount of edible food�
  • Establish formal food- recovery contracts�
  • Maintain records
  • Collect and/or receive food from CEFGs
  • Redistribute food to people in need
  • Keep records
  • Report to LASAN annually
  • Establish and oversee food recovery program
  • Provide education
  • Facilitate connections
  • Assess and expand �recovery capacity

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SB 1383 Implementation Timeline

Law Takes Effect �for Tier 1 EFGs

2023

Education Period

for All EFGs

Law Takes Effect

for Tier 2 EFGs

2025

Ongoing Monitoring & Enforcement

2024

2022

Enforcement Begins

Jan 1, 2022

Jan 1, 2024

Begin planning and preparing today!

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Next Steps

  1. 🔎 Identify and contact one or more food recovery partners.�
  2. 📄 Establish written contracts with those partners.�
  3. 🚛 Begin recovering your surplus food.�
  4. 📁 Maintain records of your food recovery activities.

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1. Find the Right Food Recovery Partner(s)

  • Food Recovery Organization (FRO)
    • Collects and/or receives edible food from CEFGs
    • Redistributes that food to the community
    • Ex: Food bank, food pantry, soup kitchen, etc.
  • Food Recovery Service (FRS)

​

    • Collects edible food from CEFGs and delivers it to FROs
    • ‘Middleman’ between CEFGs and FROs
    • Ex: Food Finders, Foodcycle LA, Replate, etc.
  • FROs and FRSs may be non-profit or for-profit.�
  • Participation in SB 1383 is optional for these groups.

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1. Find the Right Food Recovery Partner(s)

  • Every FRS and FRO has unique capabilities and constraints.
    • A chosen partner may not be able to handle all types or quantities of food.
    • Communicate with partner(s) about your surplus items and their receiving capacity.
    • Work with multiple partners to maximize recovery of your surplus food.
  • Choose an FRS, an FRO, or a combination.
    • 600+ options in LA

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2. Establish Food Recovery Contracts

  • Formal contracts ensure safety, reliability, and accountability for everyone.
  • Exact format and provisions to be determined by you and your partner(s)
  • CalRecycle Model Food Recovery Contract
  • Consult with legal counsel for best results.
    • Some points to consider addressing:
      • Food safety protocols
      • Frequency of donations
      • Types of food accepted
      • Quantity of food accepted
      • Cost-sharing and fees

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3. Recover Surplus Food

  • 3 Transportation Options
  • Recovery logistics will vary by contract
  • Always communicate clearly with your partner(s) about:
    • Quantity of food Food safety considerations
    • Type(s) of food Special handling requirements

1. Self-haul

2. Pick up by FRO

3. Pick up and delivery by FRS

Mix & match options as needed

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4. Maintain Records

  • Information to Record
  • CalRecycle Model Record Keeping Tool
    • Optional, Excel-based tool
    • Download here
    • List of all food recovery partners
      • Names, addresses, and contact details
    • Copies of recovery contracts
    • Donation schedule(s)
    • Types of food donated
    • Quantity of food donated
      • Measured in lbs./month
  • Q: “Does my business need to… ?”
    • Report? X
    • Record? ✓

Records Checklist�✓ Who?�✓ Where?�✓ When?�✓ What?�✓ How much?

Records will be requested �during facility inspections, which began Jan. 1, 2022.

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In Review

  • 🤝 Partner�
  • 📄 Contract.�
  • 🚛 Recover.�
  • 📁 Record.

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Beyond Compliance

⭐ Beyond Compliance

✓ SB 1383 Compliance

✘ Business as Usual

Downstream savings from source reduction:�

  • Money
  • Time
  • Labor
  • Resources

Maximum Benefits�(financial and environmental)

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Resources for Food Waste Prevention

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Contact Information & Additional Resources

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Thank You!

Have a moment to share your thoughts about our presentation? ��We would be glad to hear from you!��Feedback Form

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Q&A

Please submit your questions by using either the chat box or the �“raise hand” feature located in the toolbar at the bottom of your screen. ��We will do our best to address everyone’s questions �during our remaining time together. Thank you!

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References

(Note: Content-specific citations are embedded in the speaker notes for each slide. If you would like to review these citations, please select the following from the main toolbar: “View” → “Show speaker notes.”)��(Note: The following references are listed in their order of appearance throughout the slide deck.)

  1. “California's Short-Lived Climate Pollutant Reduction Strategy.” Web Page. California Department of Resources Recycling and Recovery (CalRecycle). Accessed Nov 2021.
  2. SB 1383 Edible Food Recovery. Digital Presentation. CalRecycle. Dec 2020.
  3. “California Methane Research Program.” Web Page. California Air Resources Board (CARB). Accessed November 2021.
  4. “Understanding Global Warming Potentials.” Web Page. U.S. Environmental Protection Agency (EPA). Accessed November 2021.
  5. “Food Recovery in California.” Web Page. CalRecycle. Accessed Nov 2021.
  6. Short-lived Climate Pollutants (SLCP): Organic Waste Reductions Final Regulation Text. Digital Publication. CalRecycle. Nov 2020.
  7. 2018 Facility-Based Characterization of Solid Waste in California. Digital Publication. CalRecycle. May 2020.
  8. “How Feeding America Turns $1 Into at Least 10 Meals.” Web Page. Feeding America. Accessed Dec 2021.
  9. ReFED Insights Engine - Food Waste Monitor. Database. ReFED. Accessed July 2022.�

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References (cont.)

  1. From Farm to Kitchen: The Environmental Impacts of U.S. Food Waste. Digital Publication. U.S. Environmental Protection Agency, Office of Research and Development (EPA). Nov 2021.
  2. “Reduced Food Waste.” Web Page. Project Drawdown. Accessed Nov 2021.
  3. “Over 1 Billion Tonnes More Food Being Wasted Than Previously Estimated, Contributing 10% of All Greenhouse Gas Emissions.” Press Release. World Wildlife Fund (WWF). July 2021.
  4. Household Food Security in the United States in 2020. Digital Publication. USDA, Economic Research Service. Sep 2021.
  5. “Map the Meal Gap: 2019 Overall Food Insecurity In The United States.” Web Page. Feeding America. Accessed Dec 2021.
  6. Enough to Eat: The Impact of COVID-19 on Food Insecurity and the Food Environment in L.A. County April 2020 –September 2021. Digital Publication. USC Dornsife Public Exchange. Oct 2021.
  7. “Food Waste: The Challenge - Overview.” Web Page. ReFED. Accessed Nov 2021.
  8. Surplus Food Occurs Across the Supply Chain. Digital Image. ReFED. Accessed Nov 2021.
  9. Documentation for Greenhouse Gas Emission and Energy Factors Used in the Waste Reduction Model (WARM): Organic Materials Chapters. Digital Publication. Chapter 1, Page 32. U.S. Environmental Protection Agency, Office of Resource Conservation and Recovery (EPA). Nov 2020.
  10. Greenhouse Gas Equivalencies Calculator. Database. U.S. Environmental Protection Agency. Accessed July 2021.
  11. Federal Enhanced Tax Deduction for Food Donation: A Legal Guide. Digital Publication. Harvard Food Law and Policy Clinic. Apr 2016.
  12. Fighting Food Waste in Hotels. Digital Publication. World Wildlife Fund (WWF). 2017.�

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References (cont.)

  1. Sustainable Travel Report 2021. Digital Publication. Booking.com. 2021.
  2. Legal Fact Sheet: The Bill Emerson Good Samaritan Food Donation Act. Digital Publication. Harvard Food Law and Policy Clinic. 2013.
  3. “Food Donors: Fight Hunger and Combat Climate Change.” Web Page. CalRecycle. Accessed Nov 2021.
  4. “Food Recovery Questions and Answers.” Web Page. CalRecycle. Accessed Nov 2021.
  5. California Health and Safety Code, Section 113789. State of California. Accessed Dec 2021.
  6. Guidance for Jurisdictions: How to Identify SB 1383 Commercial Edible Food Generators. Digital Publication. CalRecycle. 2021.
  7. “Food Recovery Organizations and Services.” Web Page. CalRecycle. Accessed Nov 2021.
  8. “Jurisdiction Food Recovery Programs.” Web Page. CalRecycle. Accessed Nov 2021.
  9. County of Los Angeles 2022 Countywide Survey of Food Recovery Organizations and Services. Unpublished Data. Los Angeles County Department of Public Works. June 2022.
  10. Model Food Recovery Agreement. Digital Publication. CalRecycle. Jan 2021.
  11. CalRecycle Statewide Webinar: SB 1383 Model Food Recovery Agreement. Digital Presentation. CalRecycle. Oct 2020.
  12. Edible Food Recovery Recordkeeping Tool for Commercial Edible Food Generators. Digital Publication. CalRecycle. Dec 2021.
  13. “Food Recovery Hierarchy.” Web Page. U.S. Environmental Protection Agency. Accessed Nov 2021.�

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Visual Overview of SB 1383