How to Meet Edible Food Recovery Requirements

Food-related businesses are required to divert left-over edible food to food recovery organizations by participating in the City of Santa Monica’s Food Waste Prevention program, part of the City’s new ordinance SMMC 5.46. This program requires food generators to execute a private agreement with a food recovery organization (FRO), such as the many food donation charities in the area, for delivery of edible food to the FRO. In addition, records of weights donated must be recorded and compiled to report to the city regularly, either by the food generator or FRO. The state requires annual reporting of edible food diversion from landfills and for future capacity planning purposes. The city also requires an electronic copy of your agreement with your food recovery group.

The edible food waste collection requirement applies to two tiers of edible food generators:

·       Tier 1 - Supermarkets (gross annual sales of $2 million+); Grocery stores (total facility size 10,000 square feet or greater); Food service distributors; Wholesale food markets; Convenience stores not included; Deadline to comply 12/31/21;

·       Tier 2 - Restaurants (250 or more seats OR facility size 5,000 square feet or more; Hotels with onsite food facility and 200 or more rooms; Healthy facilities with onsite food facility and 100 or more beds; Education agency facility with an onsite food facility; Large venue (serves 2,000 or more per day, e.g. conference, theater); Deadline to comply 12/31/23.

While the City hopes for complete participation and compliance, the state law allows for an enforcement action for failure to comply that includes fines.

If your food-related business does not have to undertake the edible food recovery program, your business must still recycle all organic wastes in a City-provided green organics container.  If your business does not have a green container, please contact Customer Service at (866) 311-7266 or 311@santamonica.gov to request one.