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WHY FOOD RESCUE MATTERS

About 40% of food produced in the US is never eaten. Instead, it is lost somewhere along the food chain as it is grown, processed, transported, stored, or prepared. When this food is sent to the landfill, it decomposes and produces methane – a greenhouse gas that is 21 times more potent than carbon dioxide. In light of this – and the fact that nearly 50% of low-income households in Santa Barbara County deal with issues of  food insecurity – it is unconscionable that we are throwing away good, healthy food.

When excess, nutritious food is redirected from restaurants, hotels, and supermarkets to charitable organizations serving food insecure populations, the natural resources used to produce that food are not wasted, more people have access to food, and less methane is produced in the landfill. This win-win-win opportunity helps food donors to be more connected to the local community, provides meals for those in need, and reduces the negative environmental impacts of our regional food system.

WHAT WE ARE DOING

Community Environmental Council is coordinating SBC Food Rescue, a collaborative food recovery network for Santa Barbara County with support from private, public, and nonprofit sectors. SBC Food Rescue builds relationships between donors with excess food and charitable organizations throughout the County to help address food insecurity and keep good food out of the landfill.

Did You Know: 40% of the food produced in the United States is never eaten

JOIN SBC FOOD RESCUE

HOW YOU CAN HELP

BECOME A FOOD DONOR: Donate Prepared Foods

If you have excess food and are a permitted food service facility, we want you! Register using the form above. SBC Food Rescue and the Public Health Department will work with you to determine which of your prepared food items are eligible for donation.

You not only help feed neighbors in need, but also save money from hauling away food waste, and receive a federal enhanced tax deduction.  You are allowed to deduct the smaller of the following two: (a) twice the basis value of the donated food or (b) the basis value of the donated food plus one-half of the food’s expected profit margin.

AM I LIABLE? Nope.

If the excess food is wholesome and fit for human consumption, and is donated to a nonprofit that is feeding needy individuals, the donor is not liable.

For more info here: http://www.calrecycle.ca.gov/organics/food/donation or contact our local partner agency, County Department of Public Health, at (805) 681-4938.

See below for more information on Applicable Laws.

BECOME A FOOD DONOR: Donate Unprepared Grocery & Produce

If you operate a grocery store, you can donate baked goods, dairy products, deli meats, and produce. Contact info@foodbanksbc.org; to discuss joining the Grocery Rescue Program at the Foodbank of Santa Barbara County.

BECOME A FOOD DONOR: Donate Your Harvest

If you have trees or plants with excess fruit or vegetables on your property, contact info@foodbanksbc.org or visit http://www.backyardbounty.org to join the Backyard Bounty Program at the Foodbank of Santa Barbara County. The Foodbank will either send volunteers to pick and transport the produce or pick up already harvested produce to feed the needy.

BECOME A FOOD RECIPIENT

Nonprofit organizations that provide food to community members in need are eligible to receive food donations through SBC Food Rescue.

BECOME A DONATED FOOD TRANSPORTER

Veggie Rescue and SBMenus currently provide transportation and delivery services for SBC Food Rescue. If you are interested in joining to support food transportation needs, contact our SBC Food Rescue coordinator at sbcfoodrescue@cecmail.org.

SPREAD THE WORD

You can help SBC Food Rescue feed our community members in need by spreading the word about this program to your favorite local restaurants, grocery stores, and other entities with excess food to give.

APPLICABLE LAW & ANALYSIS

In 1988, California passed its first law to limit the liability of food donors to nonprofit charitable organizations and food banks.[1] In October 2017, the Legislature passed a bill known as the California Good Samaritan Food Donation Act (the “Act”)[2] to further encourage food donations and to clarify and expand the existing protections for food donors. The Act is effective as of January 1, 2018.

The Act provides limitations on liability for food donations made by any person, gleaner or food facility.[3] Under the Act, a person, gleaner, or food facility that donates food that is fit for human consumption is not liable for any injury resulting from the consumption of donated food. Liability results only if the injury is the result of the gross negligence or intentional misconduct of the donor in the preparation or handling of the donated food.[4] Gross negligence, the more lenient of these two standards, requires a lack of even scant care or an extreme departure from the ordinary standard of conduct.[5] Thus, if a person, gleaner, or food facility exercises even scant care, there is immunity from liability under the Act.

The immunity provided by the Act applies regardless of compliance with any other laws, regulations, or ordinances regulating the packaging or labeling of food, and regardless of compliance with any laws, regulations, or ordinances regulating the storage or handling of the food by the donee after the donation of the food.[6] The protections under the Act also apply even if the food has exceeded the labeled shelf life date recommended by the manufacturer; however, the Act distinguishes between non-perishable and perishable food.[7] If the food is non-perishable, immunity under the Act applies.[8] If the food is perishable, immunity attaches so long as the person that distributes the food to the end recipient makes a good faith evaluation that the food is wholesome.[9]

REFERENCES

[1] See 1988 Cal. Legis. Serv. Ch. 735 (S.B. 2427) (adding Section 1714.25 to the California Civil Code and adding Article 18 (commencing with Section 27900) to Chapter 4 of Division 22 of the California Health and Safety Code).
[2] See 2017 Cal. Legis. Serv. Ch. 619 (A.B. 1219).
[3] Cal. Civ. Code § 1714.25. A “person” includes individuals, manufacturers, wholesalers, retailers, restaurants, caterers, hotels, schools, hospitals, corporations and other business entities, among others. Id. § 1714.25(d)(5). A “gleaner” is a person who harvests an agricultural crop for free distribution. Id. § 1714.25(d)(3). A “food facility” is an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level. Id. § 1714.25(d)(2); Cal. Health & Safety Code § 113789(a).
[4] Cal. Civ. Code § 1714.25(a).
[5] City of Santa Barbara v. Super. Ct., 41 Cal.4th 747, 754 (2007). [6] Cal. Civ. Code § 1714.25(a); Cal. Health & Safety Code § 114433.

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