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).
"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)