Mandatory Recycling and Organics Law - Businesses and Non-Profits

How do I comply?

Subscribe to composting service with Marin Sanitary Service. Representatives are available at (415) 456-2601, Monday through Friday, between 8:00 a.m. to 5:00 p.m. Eligible food service businesses may want to participate in the Food 2 Energy Program instead. The program takes food waste from participating local restaurants and grocery stores and converts the material into a bio-gas through anaerobic digestion. For more information about the program, check out the Marin Sanitary Service website.

Can I be exempt?

Check the chart below to see if you qualify for an exemption. If you think you may qualify, please fill out the SB 1383 Compliance & Waiver Request Form and submit it to Marin Sanitary Service. If you have questions or need help filling out the form, please contact an MSS Recycling Coordinator at (415) 456-2601.

Amount of waste your business* generates (Garbage and recycling combined) is:	Threshold to Qualify for a Minimal Generation Waiver:
Less than 2 cubic yards of total weekly refuse service	And generate no more than 10 gallons of compostable/organic waste or recyclables per week
2 or more cubic yards of total weekly refuse service	And generate no more than 20 gallons of compostable/organic waste or recyclables per week

*Note, multifamily properties are not eligible for these waivers.

How does this new state law affect my business or non-profit?

Every business and nonprofit agency in California must abide by the following rules based on the new state law. (If your business sells or produces food, you may have additional responsibilities; please see them below).

Subscribe to curbside compost and recycling collection service in addition to garbage
Place color-coded and labeled compost and recycling containers next to all indoor garbage containers (excluding restrooms)
Sort materials into the proper bins
Educate employees, contractors, about the law at least annually
Periodically inspect bins and provide feedback to employees and contractors about incorrectly placed items

My business sells food, what are the additional requirements?

Businesses that generate excess edible food, must contract with a food recovery organization to donate it. By the dates listed below, these entities must:

Recover the maximum amount possible of surplus edible food generated
Partner with one or more food recovery organizations or services to pick up or receive your surplus edible food
Have a written contract or agreement with the food recovery organization(s) or service(s)
Track and maintain records of food recovered each month including type, frequency of collection and amounts in pounds

Deadline for compliance	Type of entity
January 1, 2022	Wholesale food vendor, a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination Food service provider, an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations Food distributor, a company that distributes food to entities including, but not limited to, supermarkets and grocery stores Grocery and supermarkets over 10,000 sq ft or revenue of more than $2 million
January 1, 2024	Hotels with an on-site food facility and over 200+ rooms Restaurant facilities over 5,000 sq ft or 250+ seating capacity Health facilities with an on-site food facility and over 100 beds State agency cafeterias with over 5,000 sq ft or 250+ seats Local education facilities with an on-site food facility Large venue, 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 of the venue facility. A venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility Large event, an event, including, but not limited to, a sporting event or a flea market, 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

Deadline for compliance

Type of entity

January 1, 2022

Wholesale food vendor, a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination
Food service provider, an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations
Food distributor, a company that distributes food to entities including, but not limited to, supermarkets and grocery stores
Grocery and supermarkets over 10,000 sq ft or revenue of more than $2 million

January 1, 2024

Hotels with an on-site food facility and over 200+ rooms
Restaurant facilities over 5,000 sq ft or 250+ seating capacity
Health facilities with an on-site food facility and over 100 beds
State agency cafeterias with over 5,000 sq ft or 250+ seats
Local education facilities with an on-site food facility
Large venue, 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 of the venue facility. A venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility
Large event, an event, including, but not limited to, a sporting event or a flea market, 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

Consider taking the steps suggested at the following web pages to reduce food waste:

Food Recovery Organizations

Organization	Website	Donation Type
SF Food Bank	Website	Large volume donations
Extra Food	Website	Prepared foods, smaller volume
Ritter Center	Website	Prepared foods, smaller volume
Salvation Army	Website	Prepared foods, smaller volume
Open Door Ministries	Website	Prepared foods, smaller volume
Copia	Website	Prepared foods, smaller volume
Replate	Website	Prepared foods, smaller volume

Resources

Check out these educational materials by Zero Waste Marin and Marin Sanitary Service
Access Marin Sanitary Service's "Where does it go, Joe?" tool to help you properly sort waste
Edible Food Recovery Agreement by CALRecycle