Limited Service Charitable Feeding Operations (LSCFOs)

Does my nonprofit charitable organization have to register with the health department if we provide free food to the public?

It depends--some types of operations don't require registration:

• Nothing is required for organizations that store and distribute shelf-stable packaged, nonperishable food that is in the original packaging such as canned or packaged food or whole uncut fruits or vegetables.
• A registration may be required for organizations that store commercially prepared and packaged potentially hazardous food such as packaged frozen or refrigerated meats, eggs, dairy products, and frozen ready-to-eat meals if they do not operate under an agreement with a permitted food bank. If they do work with a permitted food bank, the LSCFO does not need a separate registration or permit.
• Registration is required for organizations that heat, assemble, reheat or portion commercially prepared foods such as food that was donated by a permitted food facility, sandwiches, or hot pasta or rice prepared with packaged sauce for immediate service.

What if my organization would like to cook raw meats or make fresh chicken salad?

This activity requires a permit-to-operate with the Health Department. You can not do this type of food handling and preparation under an LSCFO registration.

How do I reqister my LSCFO?

If you need to register, you must complete a form and pay a one-time fee. The form will ask you for information about the name, physical address, contact information, operating times and other documentation to help us verify safe food handling practices. 

What are the benefits of registration?

An LSCFO registration will allow the organization to legally operate without meeting the full permit requirements of a food facility (restaurant, grocery store, etc.)  Registration also allows the operation to receive and serve donated foods from restaurants and other commercial food establishments.  Food facilities may be more confident in donating food to a registered operation with the understanding that food safety is a priority.

Will an inspection of the LSCFO be conducted?

Routine inspections are not conducted, however an inspection may occur in response to a complaint or a report of a suspected foodborne illness.

Where can food be served or distributed?

Food can be distributed to the public from the registered location for the LSCFO, as long as the building meets certain requirements for safety.

Food distribution in an outdoor location away from the registered location is allowed for up to four hours per day. Note that Other local Departments (planning department and/or community development agency, building department, fire department, police department, parks department, etc.) may have additional requirements for public areas.

Is food safety training required?

Although a formal food safety training through a Food Safety Manager Certificate or Food Handler Card program is not required for LSCFOs, the organization must follow Best Management Practices to ensure food is handled safely and fit for human consumption. 

Do food handlers have to wear hair nets?

Food handlers that serve or handle open food should restrain their hair to prevent food contamination.

What are some approved sources for food donations?

Donated food may be accepted from:

• Permitted food facilities including restaurants, grocery stores, bakeries, catering operations
• Permitted cottage food operators
• Permitted food processors and manufacturers
• Community food producers (whole produce and unrefrigerated shell eggs) operating per AB1990/234
• Permitted microenterprise home kitchen operations.

Food may NOT be received from:

• Unpermitted/unregistered home kitchen operations
• Salvage operations (e.g., fire, flood, or other damaged food products).

Can food that is past its marked “expiration date” or “best by” date still be used and/or distributed to the public?

Baby food and infant formula may not be used or distributed after the marked “Use By” date.  Other foods may be used or distributed if they have been safely handled. The United States Department of Food and Agriculture (USDA) Food Safety and Inspection Service has more information about food product dating.

Are commercial equipment and commercial utensils required?

Equipment and utensils are not required to be commercial-grade.  However, all equipment and utensils must be food-grade, clean and in good repair.

How should food be stored to protect it from potential contamination?

Food should be stored at least six inches off the floor (or on a pallet) in a clean, dry location that is free of vermin.  Food may not be stored in restrooms or garages. Raw produce should be stored below ready-to-eat foods to prevent accidental cross-contamination. Containers should be non-reactive -- as an example, acidic foods like tomato sauce should not be stored in copper containers.

How does the law define a Limited Service Charitable Feeding Operation (LSCFO)?

An LSCFO is an operation for food service to a consumer solely for providing charity, that is conducted by a nonprofit charitable organization operating pursuant to Chapter 10.6 of the California Retail Food Code (CalCode) and whose food service is limited to any of the following functions:

1. Storage and distribution of whole, uncut produce or of prepackaged, non-potentially hazardous foods in their original manufacturer’s packaging.
2. Heating, portioning, or assembly of a small volume of commercially prepared foods or ingredients that are not prepackaged.
3. Reheating or portioning of only commercially prepared foods with no further processing/for purposes of hot holding and no longer than same-day food service to the consumer.
4. Storage or distribution of commercially prepared and commercially packaged potentially hazardous cold or frozen foods for distribution to the consumer.

What liability protection is available for receiving and/or distributing food?

California Good Samaritan Food Donation Act (AB 1219) provides protection from civil liability for foods donated from food facilities including:

• The donation of nonperishable food that is fit for human consumption but that has exceeded the labeled shelf life date recommended by the manufacturer.
• The donation of perishable food that is fit for human consumption but that has exceeded the labeled shelf life date recommended by the manufacturer if the person that distributes the food to the end recipient makes a good faith evaluation that the food to be donated is wholesome.

Please seek legal assistance to determine how liability protection may apply to your operation.

Are Child and Adult Care Food Programs considered LSCFOs?

In general – no.  Any program that is a license-exempt center covered by the California Department of Education (CDE) bulletin #CDE MB CACFP-07-2016 is not required to register as an LSCFO for the meals being served under that program.