A. 
The city shall implement an edible food recovery program that shall include the actions that the city will take to accomplish each of the following:
1. 
Educate commercial edible food generators as set forth in Section 14.06.04.020.
2. 
Increase commercial edible food generator access to food recovery organizations and food recovery services.
3. 
Monitor commercial edible food generator compliance as required in Part 14 of this chapter.
4. 
Increase edible food recovery capacity if the analysis required by Section 14.06.11.020 indicates that the city does not have sufficient capacity to meet its edible food recovery needs.
B. 
The city may fund the actions taken to comply with this section through franchise fees, local assessments, or other funding mechanisms.
(Ord. 2021-12-CC § 2 (Exh. A), 11-23-2021)
[1]
Regulatory Reference: SB 1383 (2016) and 14 CCR § 18991.1.
The city shall include in the implementation record all documents supporting the city's compliance with Section 14.06.10.010, together with the following information:
A. 
A list of commercial edible food generators in the city that have a contract or written agreement with food recovery organizations or services pursuant to Section 14.06.10.030(B).
B. 
A list of food recovery organizations and food recovery services in the city and their edible food recovery capacity.
C. 
Documentation of the actions the city has taken to increase edible food recovery capacity.
(Ord. 2021-12-CC § 2 (Exh. A), 11-23-2021)
[1]
Regulatory Reference: SB 1383 (2016) and 14 CCR § 18991.2.
A. 
Tier one commercial edible food generators shall comply with the requirements of this section commencing January 1, 2022. Tier two commercial edible food generators shall comply with the requirements of this section commencing January 1, 2024.
B. 
Commercial edible food generators 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 written agreement with any or all of the following:
1. 
Food recovery organizations or services that will collect their edible food for food recovery.
2. 
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.
C. 
A large venue or large event operator that does not provide food services, but allows for food to be provided, shall require food facilities operating at the large venue or large event to comply with the requirements of this section.
D. 
A commercial edible food generator shall comply with the requirements of this section unless the commercial edible food generator demonstrates the existence of extraordinary circumstances beyond its control that make such compliance impracticable. If an enforcement action is commenced against a commercial edible food generator for noncompliance, the burden of proof shall be upon the commercial edible food generator to demonstrate extraordinary circumstances. For the purposes of this section, extraordinary circumstances are (1) the city's failure to increase edible food recovery capacity as required by Section 14.06.10.010, and (2) acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters.
E. 
An edible food generator shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or service.
(Ord. 2021-12-CC § 2 (Exh. A), 11-23-2021)
[1]
Regulatory Reference: SB 1383 (2016) and 14 CCR § 18991.3.
A
commercial edible food generator subject to the requirements of this part shall keep a record that includes the following:
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 Section 14.06.10.030(B).
B. 
A copy of contracts or written agreements between the commercial edible food generator and a food recovery service or organization.
C. 
A record of the following for each food recovery organization or service that the commercial edible food generator has a contract or written agreement with pursuant to Section 14.06.10.030(B):
1. 
The name, address, and contact information of the service or organization.
2. 
The types of food that will be collected by or self-hauled to the service or organization.
3. 
The established frequency that the food will be collected or self-hauled.
4. 
The quantity of food collected or self-hauled to a service or organization for food recovery. The quantity shall be measured in pounds recovered per month.
(Ord. 2021-12-CC § 2 (Exh. A), 11-23-2021)
[1]
Regulatory Reference: SB 1383 (2016) and 14 CCR § 18991.4.
A. 
A food recovery service that has established a contract or written agreement to collect or receive edible food directly from commercial edible food generators pursuant to Section 14.06.10.030(B) shall maintain the following records:
1. 
The name, address, and contact information for each commercial edible food generator that the service collects edible food from.
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 service transports edible food to for food recovery.
B. 
A food recovery organization that has established a contract or written agreement to collect or receive edible food directly from commercial edible food generators pursuant to Section 14.06.10.030(B) shall maintain the following records:
1. 
The name, address, and contact information for each commercial edible food generator that the organization receives edible food from.
2. 
The quantity, in pounds, of the 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.
(Ord. 2021-12-CC § 2 (Exh. A), 11-23-2021)
[1]
Regulatory Reference: SB 1383 (2016) and 14 CCR § 18991.5.