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.
(Ord. 21-1169 § 2, 2021)
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.
(Ord. 21-1169 § 2, 2021)
Commercial edible food generators shall comply with the following
requirements:
a. Arrange
to recover the maximum amount of edible food that would otherwise
be disposed of.
b. Contract
with, or enter into a written agreement with food recovery organizations
or food recovery services for:
1. The
collection of edible food for food recovery; or
2. Acceptance
of the edible food that the commercial edible food generator self-hauls
to the food recovery organization for food recovery.
c. Shall
not intentionally spoil edible food that is capable of being recovered
by a food recovery organization or a food recovery service.
d. Allow
the city or designated third party enforcement entity to access the
premises and review records pursuant to 14
CCR Section 18991.4.
e. Keep
records that include the following information, or as otherwise specified
in 14
CCR Section 18991.4:
1. 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).
2. A
copy of all contracts or written agreements established under 14
CCR
Section 18991.3(b).
3. A
record of the following information for each of those food recovery
services or food recovery organizations:
A. The name, address and contact information of the food recovery service
or food recovery organization.
B. The types of food that will be collected by or self-hauled to the
food recovery service or food recovery organization.
C. The established frequency that food will be collected or self-hauled.
D. The quantity of food, measured in pounds recovered per month, collected
or selfhauled to a food recovery service or food recovery organization
for food recovery.
f. Nothing
in this article 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 (Chapter 285. Statutes of 2017),
as amended, supplemented, superseded and replaced from time to time).
(Ord. 21-1169 § 2, 2021)
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)(1):
a. The
name, address, and contact information for each commercial edible
food generator from which the service collects edible food.
b. The
quantity in pounds of edible food collected from each commercial edible
food generator per month.
c. The
name, address, and contact information for each food recovery organization
that the food recovery service transports edible food to for food
recovery.
(Ord. 21-1169 § 2, 2021)
Food recovery organizations and food recovery services that
have their primary address physically located in the city 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 city it is located in 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) no later than
March 31st of each calendar year.
(Ord. 21-1169 § 2, 2021)
Food recovery services and food recovery organizations. in order
to support edible food recovery capacity planning assessments or other
studies, food recovery services and food recovery organizations operating
in the city shall provide information and consultation to the city,
upon request, regarding existing, or proposed new or expanded, food
recovery capacity that could be accessed by the city and its commercial
edible food generators. A food recovery service or food recovery organization
contacted by the city shall respond to such request for information
within sixty days, unless a shorter timeframe is otherwise specified
by the city.
(Ord. 21-1169 § 2, 2021)