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(Last Updated 10/29/2024)
California Food Waste Policy
California Date Labeling Regulations
Rating: Moderate Policy
Cal. Food & Agric. Code § 36004; Cal. Code Regs. Tit. III, § 627; Cal. Health & Safety Code § 114039; Cal. Food & Agric. Code § 82000-1; Cal. Health & Safety Code § 114057; Cal. Food & Agric. Code § 27644
California has not adopted any version of the FDA Model Food Code. California requires date labeling on dairy products, eggs, shellfish, and potentially hazardous foods. Milk must display a quality assurance date while eggs must be labeled with a sell-by date. Shellfish packages smaller than 1/2 gallon are marked with either a sell-by date or best-used-by date, and shellfish packages with capacity of 1/2 gallon or more are labeled with the date of shucking. Potentially hazardous foods must be marked with a "use-by" date. California encourages manufacturers to use the standard term "USE By" for food labeled with a date intended to indicate safety, and "BEST If Used By' for food that is labeled to indicate when it is at peak quality. After July 1, 2026, California will require manufacturers who choose, or are otherwise required by law, to include a date label on foods to use these standard terms. Neither sale nor donation is restricted for any food item past the quality assurance date.
*Because the standardized date label law has been enacted but does not require compliance until July 2026, it is currently rated as moderate.
Overview
Date labels are the dates on food packaging that are accompanied by phrases such as "use by," "best before," "sell by," "enjoy by," and "expires on." Date labels are almost entirely unregulated under federal law, except for infant formula and some very limited instances related to poultry and egg products.
The U. S. Food and Drug Administration (FDA) publishes a model Food Code, to help states regulate restaurants, food service providers, and food retailers to ensure the safe handling of food. Nearly every state has adopted a version of the FDA Food Code that requires date labeling for molluscan shellfish and foods in reduced oxygen packaging, as well as the marking of certain refrigerated, ready-to-eat, time/temperature control for safety foods to indicate the day by which the food should be consumed or discarded.
Shucked shellfish packages smaller than ½ gallon must be marked with a “sell by" or "best if used by" date, and shucked shellfish packages with capacity of ½ gallon or more must be labeled with the date of shucking.
Food in reduced oxygen packaging generally must be labeled with the earlier of a “use-by" date not more than 30 days from the date of packaging or the original manufacturer’s “sell by” date. In states that have adopted the 2009 FDA Food Code or a prior version, the “use-by" date cannot be not more than 14 days from the date of packaging or the original manufacturer’s “sell by” date. The sale or donation of past date reduced oxygen packaging items is prohibited.
Refrigerated, ready-to-eat, time/temperature control for safety food prepared and held in a food establishment for more than 24 hours generally must be marked to indicate the day by which the food should be consumed or discarded.
Because federal law is so limited, states have broad discretion to regulate date labels, which has resulted in a patchwork of date label regulation across the United States. The inconsistency in date label laws, for foods other than those mentioned above, leads to food waste because consumers may discard food after the date on the package due to confusion about product safety and retailers or manufacturers may discard food due to confusion about selling or donating the past-date food. Also, some states explicitly prohibit or limit the donation of past date foods.
California Liability Protection Regulations
Rating: Strong Policy
Cal. Civ. Code § 1714.25; Cal. Health & Safety § 114433
Donations made within the state are protected from liability according to the federal Bill Emerson Good Samaritan Food Donation Act. In addition, the state protects donations of food that is past-date, if evaluated by the distributor to be wholesome.
Overview
The Bill Emerson Good Samaritan Food Donation Act, as amended by the Food Donation Improvement Act, provides a strong federal baseline of protection for food donors against state and federal liability claims. It covers individuals, businesses, schools, nonprofit organizations, the officers of businesses and nonprofit organizations, and gleaners. A donor must donate in good faith to a nonprofit organization that distributes the donated food to needy populations, or, if the donor is a qualified direct donor, they may donate food directly to needy individuals. Donated food must meet all quality and labeling standards imposed by federal, state and local laws and regulations. A state’s liability protection law can provide more, but not less, protection than the Emerson Act.
California TAX INCENTIVES
Rating: Moderate Policy
CAL. REV. & TAX. CODE § 17053.88.5
CAL. REV. & TAX. CODE § 17053.88.5 allows qualified taxpayers to claim a tax credit worth 15% of the wholesale market price of donated produce, raw agricultural products, and processed foods to Californian food banks. Qualified taxpayers include farmers and any person responsible for packing, or processing a qualified donation item, provided that person is not a retailer. This tax credit is set to expire January 1, 2027.
Rating: Strong Policy
CAL. REV. & TAX. CODE § 17053.12
Taxpayers engaged in the business of processing, distributing, or selling agricultural products are eligible for a tax credit valued at 50% of transportation costs of donated crops to eligible nonprofits.
Overview
The federal government provides tax deductions to incentivize businesses to donate food. As of December 2015, all businesses—including C-corporations, S-corporations, limited liability corporations (LLCs), partnerships and sole proprietorships—are eligible for an enhanced tax deduction that exceeds the property’s basis for donated food if they meet certain requirements. If they do not meet the requirements, they can still claim a general tax deduction in the amount of the property’s basis.
California FOOD SAFETY
Rating: Moderate Policy
Cal. Code Regs. Tit. XIV, § 18981.1; Model Food Recovery Agreement; Safe Surplus Food Donation Best Management Practices; Safe Surplus Food Donation Toolkit; Retail Food Code
California provides several resources which thoroughly detail donation safety, and the regulations under SB 1383 require jurisdictions to develop further guidance.
Overview
States often base their food safety regulations on the model food safety regulations for restaurants and retail stores within the FDA Food Code. While the Food Code states that food donation is permitted, it does not specify which food safety laws or regulations pertain to the food donation context. Without guidance or clarity coming from a governmental entity, food donors will often refuse to donate their safe, wholesome food. States vary broadly in terms of the level of guidance they provide on food safety rules for food donation, often providing limited guidance for a specialized context, such as share tables in schools, or no guidance at all.
California Animal Feed Regulations
Rating: Moderate Policy
CAL. FOOD & AGRIC. CODE § 10901; CAL. FOOD & AGRIC. CODE § 10951; CAL. FOOD & AGRIC. CODE § 10952; CAL. FOOD & AGRIC. CODE § 10981; CAL. FOOD & AGRIC. CODE § 34006
Any animal material must be heat treated to 212 degrees Fahrenheit for at least 30 minutes before being fed to swine. Milk must be pasteurized prior to feeding to any farm animal. Annual animal-derived treated waste feeding permits must be obtained. There are no restrictions on feeding waste exclusively vegetable in nature.
Overview
For centuries, using food scraps as animal feed was common worldwide. The practice declined rapidly in the 1980s, when several disease outbreaks were linked to unsafe animal feed. In an attempt to prevent the spread of such diseases, federal laws and regulations were enacted to restrict what is often pejoratively referred to as “garbage feeding” to animals. However, using food scraps as animal feed in a safe, resource-efficient way can be environmentally friendly and energy-efficient, providing multiple benefits for both farmers and food waste generators, such as retailers, restaurants, and institutional cafeterias. Under federal law, food scraps can generally be fed to animals, so long as food scraps with animal derived by-products are heat-treated by a licensed facility before being fed to swine; and food scraps containing animal-derived by-products are not fed to ruminants. The federal regulations function as a floor, and most state regulations go beyond them.
California Organic Waste Recycling Laws
Rating: Strong Policy
Cal. Code Regs. Tit. XIV, § 18981.1-18998.4
Covered commercial food waste generators must donate edible food to food recovery agencies and recycle the remaining food scraps. Covered commercial food generators include: grocery stores larger than 10,000 sq. ft, supermarkets, food service providers, food distributors and wholesalers, restaurants seating 250+ customers or larger than 5,000 sq. ft., hotels with on-site food facilities and 200+ rooms, local education agencies with on-site food facilities, large venues and events, state agencies with cafeterias seating 250+ persons or larger than 5,000 sq. ft., and health facilities with 100+ beds and on-site food facilities. Jurisdictions must provide organic waste collection services to all residents and businesses; both single-family and multifamily complexes are required to recycle both green waste and food waste. California set waste goals of reducing organic waste disposal 75% by 2025 and rescuing at least 20% of currently disposed surplus food by 2025 for people to eat.
San Francisco Municipal Ordinance
Rating: Strong Policy
S.F. ENV. CODE §§ 1901–1912
All property owners and businesses are required to subscribe to appropriate organic waste collection services and provide proper containers to residents for disposing of compostable materials. All individuals are required to separate and recycle household organic waste. Exceptions apply if there is inadequate storage space on the property for proper disposal containers.
Overview
In order to push businesses and consumers to reduce food waste, a growing number of states and localities are enacting organic waste bans or waste recycling laws to restrict the amount of food waste an entity can send to the landfill. However, each state differs regarding the specifics of its waste ban or recycling law. For example, they vary with regard to the types of entities covered under the law, how much organic waste an entity must produce in order to be covered, and whether exceptions exist for entities located far from a facility that accepts food scraps. These differences have a significant impact on the reach of these laws, and therefore on the amount of food waste diverted.