This chapter is intended to comply with Senate Bill No. 1383 (SB 1383), the Short-Lived Climate Pollutant Reduction Act of 2016, and its implementing regulations.
(Ord. 2022-1213 § 3)
"CALRecycle"
means California's Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 regulations on cities (and other jurisdictions).
"CCR"
means the State of California Code of Regulations.
"Commercial" or "commercial business"
means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling. A residential dwelling that consists of fewer than five units is not a commercial business for purposes of implementing this chapter.
"Commercial edible food generator"
means a tier one or a tier two commercial edible food generator. Commercial edible food generator does not include food recovery organizations and food recovery services.
"Edible food"
means food intended for human consumption. For purposes of this chapter, edible food is not solid waste if it is recovered and not discarded. Nothing in this chapter requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.
"Food distributor"
means a company that distributes food to entities, including, but not limited to, supermarkets and grocery stores.
"Food recovery"
means actions to collect and distribute food for human consumption that otherwise would be disposed.
"Food recovery organization"
means an entity that engages in the collection, receipt, transport, or distribution of edible food from commercial edible food generators.
"Food recovery service"
means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery.
"Food scraps"
means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food scraps excludes fats, oils, and grease when such materials are source separated from other food scraps.
"Food service provider"
means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these organizations.
"Food-soiled paper"
is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper towels, napkins, and pizza boxes.
"Grocery store"
means a store primarily engaged in the retail sale of canned food, dry goods, fresh fruits and vegetables, fresh meats, fish, and poultry, and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments.
"Large event"
means an event, that serves an average of more than 5,000 individuals per day of operation of the event, or is operated by a local agency, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event.
"Large venue"
means a permanent venue facility that annually seats or serves an average of more than 2,000 or more individuals within the grounds of the facility per day of operation of the venue facility. A permanent venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. A site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue.
"Multifamily residential dwelling"
means a building or portion thereof used exclusively for residential purposes with five or more dwelling units. Multifamily residential dwelling does not include hotels, boardinghouses or other transient occupancy facilities that are considered commercial businesses.
"Restaurant"
means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption.
"SB 1383"
means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016 establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants.
"SB 1383 regulations"
means the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by California's Department of Resources Recycling and Recovery.
"Supermarket"
means a full-line, self-service retail store with gross annual sales of $2,000,000.00, or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items.
"Tier one commercial edible food generator"
means a commercial edible food generator that is one of the following: (1) supermarket; (2) grocery store with a total facility size equal to or greater than 10,000 square feet; (3) food service provider; (4) food distributor; or (5) wholesale food vendor.
"Tier two commercial edible food generator"
means a commercial edible food generator that is one of the following: (1) restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet; (2) hotel with an on-site food facility and 200 or more rooms; (3) health facility with an on-site food facility and 100 or more beds; (4) large venue; (5) large event; (6) a state agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet; or (6) a local education agency facility with an on-site food facility.
"Wholesale food vendor"
means a business or establishment engaged in the merchant wholesale distribution of food, where food, including fruits and vegetables, is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination.
(Ord. 2022-1213 § 3)
A. 
Tier one commercial edible food generators must comply with the requirements of subsections C and D of this section as shown below, commencing January 1, 2022, and tier two commercial edible food generators must comply with the requirements of subsections C and D of this section listed below, commencing January 1, 2024.
B. 
Large venue or large event operators not providing food services, but that allow food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of subsection C of this section listed below, commencing January 1, 2024.
C. 
Tier one and tier two commercial edible food generators and those defined in subsection B above shall comply with all of the following:
1. 
Shall arrange to recover the maximum amount of edible food that would otherwise be disposed. A commercial edible food generator shall comply with the requirements of this section through a contract or writ-ten agreement with any of the following:
a. 
Food recovery organizations or food recovery services that will collect their edible food for food recovery.
b. 
Food recovery organizations that will accept the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.
2. 
Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.
3. 
Pursuant to CALRecycle CCR, shall maintain a record that includes the following information:
a. 
A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under CALRecycle CCR.
b. 
A copy of all contracts or written agreements.
c. 
A record of the following information for each of those food recovery services or food recovery organizations that the commercial edible food generator has a contract or written agreement with:
i. 
The name, address and contact information of the food recovery service or food recovery organization.
ii. 
The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.
iii. 
The established frequency that food will be collected or self-hauled.
iv. 
The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.
4. 
Pursuant to CALRecycle CCR, shall allow city enforcement officials or designee access to the premises to ensure compliance with this chapter, including record keeping requirements.
D. 
Commercial edible food generators shall provide the City or its designee with an annual written food recovery report that includes the information as follows:
1. 
By August 1, 2022, tier one commercial edible food generators must provide an initial written annual report for the period of January 1, 2022, through June 30, 2022. Beginning in year 2023, and every year thereafter, tier one commercial edible food generators must provide written annual reports by March 1 for the period covering the entire previous calendar year.
2. 
Beginning in year 2025, and every year thereafter, tier two commercial edible food generators must provide written annual reports by March 1 for the period covering the entire previous calendar year.
(Ord. 2022-1213 § 3)
A. 
Food recovery services collecting or receiving edible food directly from commercial edible food generators through a contract or written agreement shall maintain the following records:
1. 
The name, address, and contact information for each commercial edible food generator from which the food recovery service collects edible food.
2. 
The quantity in pounds of edible food collected from each commercial edible food generator per month.
3. 
The quantity in pounds of edible food transported to each food recovery organization per month.
4. 
The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery.
B. 
Food recovery organizations collecting or receiving edible food directly from commercial edible food generators through a contract or written agreement shall maintain the following records:
1. 
The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.
2. 
The quantity in pounds of edible food received from each commercial edible food generator per month.
3. 
The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.
C. 
Food recovery organizations and food recovery services that are located in the City and contract with or have written agreements with commercial edible food generators shall annually report to City or its designee the total pounds of edible food they recovered from commercial edible food generators, as follows:
1. 
By August 1, 2022, food recovery organizations and food recovery services must provide an initial written annual report for the period of January 1, 2022, through June 30, 2022.
2. 
Beginning in year 2023, and every year thereafter, food recovery organizations and food recovery services must provide written annual reports by March 1 for the period covering the entire previous calendar year.
D. 
Food recovery services and food recovery organizations operating in the geographic boundaries of the City shall provide information upon City's or its designee's request regarding existing, or proposed new or expanded food recovery capacity that could be accessed by City and its commercial edible food generators. A food recovery service or food recovery organization shall respond to City's or designee's request for information within 60 calendar days, unless a shorter timeframe is otherwise specified by City or its designee.
(Ord. 2022-1213 § 3)