Six out of every 10 large food businesses inspected in San Mateo County are failing to comply with a state law requiring them to donate edible food instead of throwing it away, and the county agency responsible for enforcement hasn't issued a single violation notice since the mandate took effect.

The San Mateo County Civil Grand Jury, led by foreperson Michael Kovalich, released those findings in a report published Monday, Aug. 3, calling the San Mateo County Sustainability Department's lack of action a failure to meet its legal obligations under Senate Bill 1383.

The grand jury reviewed 73 inspection reports of Tier 1 food generators, which include supermarkets of 10,000 square feet or more. Of those inspections, 42 came back non-compliant. The sample was targeted rather than random, meaning the 60% rate cannot be projected across all 437 Tier 1 businesses countywide. But the pattern is stark.

"At the current rate, it could take over 25 years to conduct a first inspection of all food generators in the County, not counting mandated re-inspections of non-compliant entities," the report states.

SMCSD staff acknowledged no enforcement actions have been taken since enforcement became mandatory on Jan. 1, 2024. The department's emphasis has remained on education and outreach, even though state regulations require education and enforcement to run in parallel.

The stakes extend beyond paperwork. More than 53,390 San Mateo County residents experience food insecurity, according to United Way Bay Area, even though the county ranks third-wealthiest in the nation by median household income. The grand jury's press release noted the county saw one of the state's sharpest increases in food insecurity for adults at the federal poverty level between 2019 and 2024.

SMCSD recovered 3,000 tons of edible food in 2024, work the grand jury commended. But the department has no full-time staff assigned to food recovery enforcement. Instead, it hired a consulting firm that has cycled through four inspectors since 2023.

The department's own internal workplan, presented at a September 2025 all-hands meeting, listed edible food recovery enforcement as an unmet responsibility with a goal to develop a "robust enforcement protocol" by December 2026. Yet grand jurors said no enforcement planning came up during their interviews with department staff.

Meanwhile, the complaint system meant to let residents report violations is broken. When grand jurors clicked the "Make a Confidential Complaint" link on the SMCSD website, it returned an error message. Jurors also attempted to file anonymous complaints in six local jurisdictions and could not find a working complaint form on any of their websites.

The maximum penalty for a first offense under SB 1383 is $100. The grand jury suggested that public recognition for compliant stores, such as "Green Stickers" displayed on premises, might prove more effective than fines.

The report issued three recommendations with firm deadlines: SMCSD must adopt written enforcement procedures by Dec. 31, 2026; develop a standardized inspection form and public database of results by June 30, 2027; and create an anonymous complaint process for participating jurisdictions by June 30, 2027.

The SMCSD director is required to respond to the findings within 60 days, putting the deadline at approximately Oct. 2.