One component of Senate Bill 1383 is its requirement to enter into food recovery agreements for certain commercial food generators. The regulations have split most food generators into two categories: Tier One and Tier Two. Tier One food generators will be required to begin their food recovery agreements by January 1, 2022, and Tier Two will be required to begin their food recovery agreements by January 1, 2024.

Tier One Generators:

• Supermarkets with gross sales of $2,000,000 and greater

• Grocery stores with a total facility size equal to or greater than 10,000 square feet

• Food service providers

• Wholesale food vendors

Tier Two Generators:

• Restaurants with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet

• Hotels with an on-site food facility and 200 or more rooms

• Health facilities with an on-site food facility and 100 or more beds

• Large venues (permanent venues that serve an average of more than 2,000 per day of operation)

• Large events (events that serve an average of more than 2,000 individuals per day)

1. Businesses MUST arrange to recover the maximum amount of edible food that would otherwise be disposed of.

2. Businesses MUST enter into a contract or written agreement with any or all of the following food recovery entities.

• Food recovery organizations or services that will collect their edible food for food recovery.

• Food recovery organizations that will accept the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.

3. Upon completion of entry into an agreement with the above, businesses are required to maintain records devoted to each organizational agreement.

Records MUST include:

• A copy of the contract/written agreement.

• Name, address and contact information of the service or organization.

• Types of food that will be collected/are collected by or self-hauled to the service or organization.

• The established frequency (how often) food will be collected or self-hauled.

• The quantity (measured in pounds) of food collected or self-hauled to a service or organization for food recovery.

4. Businesses must not intentionally spoil edible food that is capable of being recovered by a food recovery organization.

​