Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the state of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded, and replaced from time to time).
(Ord. CS 1315 §1, 2022)
A.
Tier
one commercial edible food generators must comply with the requirements
of this section commencing January 1, 2022, and tier two commercial
edible food generators must comply commencing January 1, 2024, pursuant
to 14 CCR Section 18991.3.
B.
Large
venue or large event operators not providing food services, but allowing
for food to be provided by others, shall require food facilities operating
at the large venue or large event to comply with the requirements
of this section, commencing January 1, 2024.
C.
Commercial
edible food generators shall comply with the following requirements:
1.
Arrange
to recover the maximum amount of edible food that would otherwise
be disposed of.
2.
Contract
with or enter into a written agreement with food recovery organizations
or food recovery services for: (a) the collection of edible food for
food recovery; or (b) acceptance of the edible food that the commercial
edible food generator transports and delivers to the food recovery
organization for food recovery.
3.
Not
intentionally spoil edible food that is capable of being recovered
by a food recovery organization or a food recovery service.
4.
Allow
county's designated enforcement entity or designated third party enforcement
entity to access the premises and review records pursuant to 14 CCR
Section 18991.4.
5.
Keep
records that include the following information, or as otherwise specified
in 14 CCR Section 18991.4:
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 14 CCR Section 18991.3(b).
c.
A record of the following information for each of those food recovery
services or food recovery organizations:
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.
6.
Maintain
records required by this section for five years, and make records
required by this section available to the county within ten days of
request.
(Ord. CS 1315 §1, 2022)
A.
Food
recovery services collecting or receiving edible food directly from
commercial edible food generators, via a contract or written agreement
established under 14 CCR Section 18991.3(b), shall maintain the following
records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
1.
The
name, address, and contact information for each commercial edible
food generator from which the 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, via a contract or written
agreement established under 14 CCR Section 18991.3(b), shall maintain
the following records, or as otherwise specified by 14 CCR Section
18991.5(a)(2):
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.
Maintain
records required by this section for five years, and make such records
available within ten days of request by the county.
D.
Food
recovery organizations and food recovery services that have their
primary address physically located in the county and contract with
or have written agreements with one or more commercial edible food
generators pursuant to 14 CCR Section 18991.3(b) shall report to the
county the total pounds of edible food recovered in the previous calendar
year from the tier one and tier two commercial edible food generators
they have established a contract or written agreement with pursuant
to 14 CCR Section 18991.3(b). The annual report shall be submitted
each year on a date determined by the county.
(Ord. CS 1315 §1, 2022)
In order to support edible food recovery capacity planning assessments
or other studies conducted by the county or its designee, food recovery
services and food recovery organizations operating in the county shall
provide information and consultation to the county, upon request,
regarding existing, or proposed new or expanded, food recovery capacity
that could be accessed by the county and commercial edible food generators
within the county. A food recovery service or food recovery organization
contacted by the county shall respond to such request for information
within sixty days, unless a shorter timeframe is otherwise specified
by the department or its designee.
(Ord. CS 1315 §1, 2022)
