Food Recovery & Donation Requirements
LARGE FOOD GENERATORS ARE REQUIRED TO DONATE THEIR EXCESS EDIBLE FOOD TO FOOD RECOVERY AGENCIES WHO WILL REDISTRIBUTE THE FOOD TO FEED FOOD INSECURE PEOPLE.
- Must have a contract or written agreement with food recovery service(s) or organization(s) to pick up or receive edible food.
- Must keep records indicating the types of food being donated, pounds donated per month, frequency of donations, and the contact information of the contracted food recovery service(s) and/or organization(s).
- Food generating businesses shall not intentionally spoil or discard food that can be donated.
- Large venues or event operators that allow food facilities to provide food services shall require food facilities to follow the food recovery and donation requirements above.
HELP FIGHT HUNGER
Each year, Los Angeles County unincorporated communities toss approximately 256,000,000 pounds of food into the trash. The County has partnered with local charities to offer businesses a food donation option through Food DROP (FoodDROPLA.com).
The mission of Food DROP is to provide resources for businesses operating in the County unincorporated communities to safely donate their excess edible food to help fight hunger in Los Angeles County and divert food waste from the landfills.
TAX DEDUCTIBLE
All businesses who donate to a 501(c)(3) non-profit organization that uses the food for the care of the ill, the needy, or infants can receive an enhanced tax deduction.
Required Timeline For Edible Food Generators By Type
Edible Food Generators are split into two tiers, based upon volumes generated, and must arrange to recover the maximum amount of their edible food that would otherwise be landfilled.
TIER ONE
COMMERCIAL ENTITIES REQUIRED TO COMPLY AS OF
JANUARY 1, 2022
- Supermarkets
- Grocery stores (with a total facility size ≥ 10,000 sq.ft.)
- Food service providers (contracted)
- Food distributors
- Wholesale food vendors
TIER TWO
COMMERCIAL ENTITIES REQUIRED TO COMPLY AS OF
JANUARY 1, 2024
- Restaurants (with ≥ 250 seats, or ≥ 5,000 sq. ft.)
- Hotels (with an on-site food facility and ≥ 200 rooms)
- Health facilities (with an on-site food facility and ≥ 100 beds)
- Large venues
- Large events
- State agencies (with a cafeteria with ≥ 250 seats, or ≥ 5,000 sq. ft.)
- Local education agencies (with an on-site food facility)
Resources
Frequently Asked Questions
What happens to the edible food that is donated to food recovery organizations?
Food recovery organizations (such as food banks, food pantries, shelters etc.) redistribute edible donated food to food insecure individuals and families to fight hunger.
Why are Large Food Generators required to have a written agreement with Food Recovery Organizations?
The Agreement is intended to assist large food generators and food recovery organizations in participating in continuous donations as well as complying with the State regulations.
As a Large Food Generator, do I need to keep records and document donations?
Yes, both large food generating business donating edible food and the food recovery agencies receiving the food donations should maintain a food donation record that includes donation date(s) and food donation amounts as part of the record keeping requirements.
To comply with state regulations, a large food generating business should:
Record quantity of food donated in pounds per month.
Establish written agreement(s) with food recovery agencies to set up regular food donations.
Maintain contact of food recovery agencies and types of food accepted by the agencies.
Can I or my business be held liable for the food that I donate?
No. The Bill Emerson Good Samaritan Food Donation ActPDF download protects donors from liability and encourages the donation of suitable food and grocery products to nonprofit organizations for distribution to needy individuals.
As a Large Food Generator, how do I donate my unused edible food to food recovery agencies and avoid food waste?
Visit FoodDROPLA.com to find a list of food recovery organizations near you that accept the type of food you plan to donate. You can also post the type of food you would like to donate on Careit for food recovery services to pick up. Once you create the relationship with food recovery organizations to donate food regularly, you should obtain a written agreement and keep your food donation records (donation receipts) for compliance monitoring purpose.
If I am not a Large Food Generator, can I still donate my excess edible food?
Yes, the County encourages food waste reduction and edible food donation whenever possible. Donation excess edible food will also help your business to effectively reduce your food waste.
Do businesses have other options to manage food waste?
Yes, businesses may self-haul their food waste to a permitted organic waste processing facility such as a composting site, back-haul organic waste to a central location for their waste hauler to collect, or compost organic waste on-site.