The Board of Supervisors finds that edible food is too often unnecessarily disposed, and further that some County residents experience food scarcity, insecurity, or unavailability. Furthermore, the prevalence of scavenging food from waste material containers presents a danger to public health. The purpose of this chapter is to establish processes and standards to safely divert edible food from disposal and enhance food availability to residents experiencing food scarcity, insecurity, or unavailability. It is also the purpose of this chapter to comply with the requirements of Senate Bill 1383 (Chapter 395, Statutes of 2016; "SB 1383") and its implementing regulations. SB 1383 mandates that by 2025, the State of California recover and redistribute 20 percent of edible food that would have otherwise be sent to landfills.
(SCC 1688 § 7, 2022)
Unless the context indicates otherwise, the following definitions of terms shall govern the meaning of those terms as used in this chapter, as further clarified or otherwise defined in section 18982(a) of title 14 of the California Code of Regulations ("Section 18982(a)"), as it may be amended from time to time. In the event of any conflict, inconsistency or ambiguity between the definitions in this chapter and in Section 18982(a), the definitions in Section 18982(a) shall govern.
"Commercial edible food generator"
includes a tier one or a tier two commercial edible food generator as defined below. For purposes of this chapter, food recovery organizations and food recovery services are not commercial edible food generators.
"Director"
means the Director of the Department of Waste Management and Recycling (DWMR) and/or his or her designee.
"Edible food"
means food intended for human consumption. For purposes of this chapter, edible food is not considered waste material 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 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 or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities, including, but not limited to:
1. 
A food bank as defined in Health and Safety Code Section 113783;
2. 
A nonprofit charitable organization as defined in Health and Safety Code Section 113841; and
3. 
A nonprofit charitable temporary food facility as defined in Health and Safety Code Section 113842.
"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 recovery.
"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 distributor; or
4. 
Wholesale food market.
"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 local cafeteria facility size equal to or greater than 5,000 square feet; or
7. 
A local education agency facility with an on-site food facility.
All other terms shall be as defined in section 6.20.030 of this Code.
(SCC 1688 § 7, 2022)
A. 
Tier one commercial edible food generators shall comply with the requirements of this chapter commencing January 1, 2022 ("Tier One Effective Date"). Tier two commercial edible food generators shall comply commencing January 1, 2024 ("Tier Two Effective Date").
B. 
All 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.
2. 
Have in place, by the Tier One or Tier Two Effective Date, as applicable, a written agreement with food recovery organizations or food recovery services for: (i) collection of edible food for food recovery; or (ii) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for recovery. The written agreement shall be in a form satisfactory to the Director.
3. 
Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.
4. 
Keep records that include the following information:
a. 
A list of each food recovery service or organization that collects or receives its edible food pursuant to a written agreement established under subsection (B)(2) above.
b. 
A copy of all written agreements established under subsection (B)(2) above.
c. 
A record of the following information for each of those food recovery services or organizations:
i. 
The name, address, and contact information of the food recovery service or organization;
ii. 
The types of food that will be collected by, or self-hauled, to the food recovery service or organization;
iii. 
The established frequency that food will be collected or self-hauled; and
iv. 
The quantity of food, measured in pounds, recovered per month, collected or self-hauled to a food recovery service or organization.
d. 
Any other information required by the Director or specified in section 18991.4 of title 14 of the California Code of Regulations, as it may be amended from time to time.
5. 
Make available the records described in subsection (B)(4) above for inspection, examination and audit during normal business hours by authorized officers, employees and agents of the County.
6. 
Allow authorized officers, employees and agents of the County to conduct inspections at its premises during normal business hours as provided in this chapter.
(SCC 1688 § 7, 2022)
Food recovery services collecting or receiving edible food directly from commercial edible food generators through a written agreement as described in Section 6.22.040(B)(2) above shall maintain the following records:
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 quantity, in pounds, of edible food transported to each food recovery organization per month;
D. 
The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery; and
E. 
Any other information required by the Director or specified in Section 18991.5(a)(1) of title 14 of the CCR, as it may be amended from time to time.
(SCC 1688 § 7, 2022)
Nothing in this chapter shall be construed to limit or conflict with the provisions of, or reduce the immunities and protections afforded by, the California Good Samaritan Food Donation Act of 2017 (Assembly Bill 1219; Chapter 619, Statutes of 2017); the federal Good Samaritan Food Donation Act of 1996 (42 U.S.C. Section 1791); or any guidelines, policies, regulations, or standards published or otherwise issued by the California Department of Education pursuant to Senate Bill 557 ("SB 557;" Chapter 285, Statutes of 2017) relating to food safety and food recovery programs.
(SCC 1688 § 7, 2022)
Food recovery organizations collecting or receiving edible food directly from commercial edible food generators through a written agreement as described in Section 6.22.040(B)(2) above shall maintain the following records:
A. 
The name, address, and contact information for each commercial edible food generator from which the organization receives edible food;
B. 
The quantity, in pounds, of edible food received from each commercial edible food generator per month;
C. 
The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery; and
D. 
Any other information required by the Director or specified in Section 18991.5(a)(2) of Title 14 of the CCR, as it may be amended from time to time.
(SCC 1688 § 7, 2022)
Food recovery organizations and services with a primary address physically located within the County and that have written agreements with one or more commercial edible food generators as specified in Section 6.22.040(B)(2) above shall report to the County the total pounds of edible food recovered in the previous calendar year from such generators no later than February 1st of the following year. The report shall be in such form, including electronic form, and detail as required by the Director.
(SCC 1688 § 7, 2022)
In order to support edible food recovery capacity planning assessments and other studies conducted by the County, food recovery services and organizations operating in the County shall, upon request, provide information and consultation to the County regarding existing or proposed new or expanded food recovery capacity that could be accessed by the County and commercial edible food generators. A food recovery service or organization contacted by the County shall respond to such request for information within 60 days, unless the time for responding is extended by the County.
(SCC 1688 § 7, 2022)
The Director or his/her designee(s) is authorized to inspect commercial edible food generators within the unincorporated County to ensure compliance with this chapter, consistent with the requirements of SB 1383. Inspections, enforcement, and appeals of the provisions of this chapter shall be conducted in the manner prescribed in article 7 of chapter 6.20 of this Code. Re-inspections may be accompanied by a fee which shall be established by Board by Resolution and may be amended from time to time. Appeals of the imposition of reinspection fees are to be conducted in the manner described in sections 6.20.755 through 6.20.760, inclusive, of this Code.
(SCC 1688 § 7, 2022)
The Director is authorized to promulgate and enforce rules and regulations governing the following:
A. 
Reporting requirements for Edible Food Recovery Services and Edible Food Recovery Organizations that recover edible food, necessary for implementation of this chapter; and
B. 
The effective administration of this chapter.
All such rules and regulations shall be consistent with the provisions of this chapter and effective on the 30th day following filing thereof with the Clerk.
It is unlawful and constitutes a violation of the provisions of this section for any person to violate or fail to comply with the provisions of regulations issued pursuant to this section which are expressly authorized by other provisions of this chapter.
(SCC 1688 § 7, 2022)