REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
December 16, 2025
FROM
JOSHUA DUGAS, Director, Department of Public Health
SUBJECT
Title
Non-Financial Memorandum of Understanding Template for Environmental Health Services and Incorporated Cities Regarding Food Recovery Efforts
End
RECOMMENDATION(S)
Recommendation
1. Approve a non-financial Memorandum of Understanding template for the Department of Public Health, Environmental Health Services, to partner with cities on food recovery efforts that meet the requirements of Senate Bill 1383, effective upon execution by both parties through December 31, 2030.
2. Authorize the Director of the Department of Public Health to execute individual non-financial Memorandum of Understanding template with cities, on behalf of the County, subject to review by County Counsel.
(Presenter: Joshua Dugas, Director, 387-9146)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Provide for the Safety, Health and Social Service Needs of County Residents.
Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.
FINANCIAL IMPACT
This item will not result in the use of Discretionary General Funding (Net County Cost). The Memorandum of Understanding (MOU) template is non-financial in nature and does not create any new fiscal obligation for the County. The MOU template establishes roles and responsibilities for food recovery coordination under Chapter 395, Statutes of 2016 (Senate Bill [SB] 1383). The Department of Public Health (DPH), Environmental Health Services (EHS) will continue to fund related program activities through permit fees and California Department of Resources Recycling and Recovery grant funding, consistent with the department’s approved 2025-26 budget.
BACKGROUND INFORMATION
SB 1383 requires jurisdictions to reduce the amount of solid waste sent to landfills and promote organic waste recycling in California. Ordinance No. 4434 designates EHS as the entity responsible for implementation of SB 1383-related regulatory requirements on Edible Food Generators, Food Recovery Organizations, and Food Recovery Services within the unincorporated areas of the County. EHS’ responsibilities include establishing an edible food recovery program, education and community outreach, record keeping, compliance monitoring, and enforcement.
Individual cities are responsible for implementation of SB 1383 requirements in incorporated areas of San Bernardino County. EHS regulates all food facilities within the County and has assisted cities with these responsibilities since 2023. EHS is not required to provide this assistance but does so to help meet the goals of SB 1383. If EHS assumes these responsibilities for a city within the County, Section 18981.2 of the California Code of Regulations requires that a written agreement such as a MOU be used to delineate roles.
Approval of this item would allow EHS to delineate the roles and responsibilities of enforcing state law and County ordinances within each contracted city through December 31, 2030. Due to the volume of cities anticipated to participate in the food recovery program, Recommendation No. 2 would allow the Director of DPH to execute MOUs with individual cities, on behalf of the County.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Adam Ebright, Deputy County Counsel, 387-5455) on November 25, 2025; and County Finance and Administration (Iliana Rodriguez, Administrative Analyst, 387-4205) on November 26, 2025.