Atherton Municipal Code Ch. 18.03 Edible Food Recovery

Sections:

• 18.03.010 Requirements for commercial edible food generators.

• 18.03.020 Requirements for food recovery organizations and services.

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. Tier one and tier two 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. Use the CalRecycle Model Food Recovery Agreement or the contractual elements contained in Section 18.03.020, Requirements for food recovery organizations and food recovery services, to contract with or otherwise enter into a written agreement with food recovery organizations or food recovery services for:

     • a. The collection of edible food for edible food recovery from the commercial edible food generator’s premises; or

     • b. The acceptance of edible food that commercial edible food generator self-hauls to the food recovery organization.

3. Contract with food recovery organizations and food recovery services able to demonstrate a positive reduction in greenhouse gas emissions from their edible food recovery activity. A list of food recovery organizations and food recovery services is available on the county of San Mateo office of sustainability website.

4. Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.

5. Allow the town’s enforcement agency or their designee for edible food recovery to access the premises and inspect procedures and review records related to edible food recovery and/or provide them electronically if requested by the town or the designee for edible food recovery.

6. Keep records that include the following information:

   • a. A list of each food recovery organization or a food recovery service that collects or receives edible food from the commercial edible food generator pursuant to a contract or written agreement as required by this title.

   • b. A copy of all contracts or written agreements established under the provisions of this title.

   • 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 schedule or 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.

D. No later than June 30th of each year commencing no later than July 1, 2022, for tier one commercial edible food generators and July 1, 2024, for tier two commercial edible food generators, they shall provide an annual edible food recovery report to the town or its designee for edible food recovery, in a format acceptable by the town, that includes, but is not limited to, the following information: a list of all contracts with food recovery organizations and food recovery services, the amount and type of edible food donated to food recovery organizations and food recovery services, the schedule of edible food pickup by food recovery organizations and food recovery services, a list of all types of edible food categories they generate, such as “baked goods,” that are not accepted by the food recovery organizations and food recovery services with whom they contract, the contact information for the manager and all staff responsible for edible food recovery, and certification that all staff responsible for edible food recovery have obtained a food handler card through an American National Standards Institute (ANSI) accredited training provider that meets ASTM International E2659-09 Standard Practice for Certificate Programs, such as ServSafe. With the exception of the food safety and handling training certification, commercial edible food generators may coordinate with their edible food recovery contractors to supply this information. The designee for edible food recovery will assist in the preparation of these reports by providing guidance and a template located on the county of San Mateo office of sustainability website.

E. Mandate staff to learn and follow the applicable donation guidelines and attend trainings conducted by food recovery organizations or food recovery services with which they contract regarding best practices and requirements for the timely identification, selection, preparation, and storage of edible food to ensure the maximum amount of edible food is recovered and to avoid supplying food for collection that is moldy, has been improperly stored, or is otherwise unfit for human consumption.

F. Tier one and tier two commercial edible food generators who self-haul edible food shall require those transporting edible food for recovery to obtain a food handler card through an American National Standards Institute (ANSI) accredited training provider that meets ASTM International E2659-09 Standard Practice for Certificate Programs, such as ServSafe, and follow the best practices and standards for proper temperature control, methods, and procedures for the safe handling and transport of food.

Nothing in this title 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. 649 § 3, 2021)

A. Food recovery services operating in the town and collecting or receiving edible food directly from commercial edible food generators via a contract or written agreement established under the requirements of this title shall maintain the following records:

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 by type collected from each commercial edible food generator per month.

3. The quantity in pounds of edible food by type transported to each food recovery organization or redistribution site per month.

4. The name, address, and contact information for each food recovery organization or redistribution site that the food recovery service transports edible food to for edible food recovery.

B. Food recovery organizations operating in the town and collecting or receiving edible food directly from commercial edible food generators via a contract or written agreement established under the requirements of this title, or receiving edible food from food recovery services or from other food recovery organizations, shall maintain the following records:

1. The name, address, and contact information for each commercial edible food generator, food recovery service, or other food recovery organization from which the organization collects or receives edible food.

2. The quantity in pounds of edible food by type collected or received from each commercial edible food generator, food recovery service, or other food recovery organization per month.

3. The name, address, and contact information for other food recovery organizations or redistribution sites that the food recovery organization transports edible food to for edible food recovery.

C. Food recovery organizations and food recovery services operating in the town shall inform commercial edible food generators from which they collect or receive edible food about California and federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established as required by this title.

D. Commencing no later than July 1, 2022, food recovery organizations and food recovery services operating in the town and collecting or receiving edible food from commercial edible food generators or any other source shall report to the town or its designee for edible food recovery the following: a detailed edible food activity report of the information collected as required under this title, including weight in pounds by type and source of edible food, the schedule/frequency of pickups/drop-offs of edible food from/to each edible food source or redistribution site, brief analysis of any necessary process improvements or additional infrastructure needed to support edible food recovery efforts, such as training, staffing, refrigeration, vehicles, etc., and an up-to-date list of commercial edible food generators with whom they have contracts or agreements established as required under this title. The designee for edible food recovery will assist in the preparation of these reports by providing guidance and a template. This edible food activity report shall be submitted quarterly, or at the discretion of the designee for edible food recovery, less frequently, and shall cover the activity that occurred since the period of the last submission.

E. Food recovery organizations and food recovery services operating in the town shall contact the designee for edible food recovery to discuss the requirements of this title before establishing new contracts or agreements with commercial edible food generators and in order to maintain existing contracts or agreements for the recovery of edible food with commercial edible food generators.

F. In order to provide the required records to the state, the town, or the designee for edible food recovery, and commercial edible food generators, contracts between food recovery organizations and food recovery services operating in the town and commercial edible food generators shall either:

1. Use the Model Food Recovery Agreement developed by the state of California’s Department of Resources Recycling and Recovery (CalRecycle,) and include a clause requiring the food recovery organization or food recovery service to report to the commercial edible food generators with whom they have contracts the annual amount of edible food recovered and to inform them of the tax benefits available to those who donate edible food to nonprofits.

2. Or include in their contracts the following elements:

   • a. List/description of allowable foods the food recovery organization/food recovery service will receive.

   • b. List/description of foods not accepted by the food recovery organization/food recovery service.

   • c. Conditions for refusal of food.

   • d. Food safety requirements, training, and protocols.

• e. Transportation and storage requirements and training.

• f. A protocol for informing the commercial edible food generators of a missed or delayed pickup.

• g. Notice that donation dumping is prohibited.

• h. Provisions to collect sufficient information to meet the recordkeeping requirements of this title.

• i. Fees/financial contributions/acknowledgement of terms for the pickup and redistribution of edible food.

• j. Terms and conditions consistent with the CalRecycle Model Food Recovery Agreement.

• k. Information supplying the commercial edible food generators with the annual amount of edible food recovered and informing them of the tax benefits that may be available to those who donate edible food to nonprofits.

• l. Contact name, address, phone number, and email for both responsible parties, including the current on-site staff responsible for edible food recovery.

m. Food recovery organizations accepting self-hauling of edible food from commercial edible food generators must provide a schedule, including days of the week and acceptable times for drop-offs, and information about any limitation on the amount of food accepted, and/or the packaging requirements or other conditions of transport, such as, but not limited to, maintaining proper temperature control, and other requirements for the safe handling and transport of food, the self-hauler must follow for the edible food to be accepted.

G. Food recovery organizations and food recovery services operating in the town shall demonstrate that all persons, including volunteers and contracted workers using their own vehicle, involved in the handling or transport of edible food, have obtained a food handler card through an American National Standards Institute (ANSI) accredited training provider that meets ASTM International E2659-09 Standard Practice for Certificate Programs, such as ServSafe.

H. Food recovery organizations and food recovery services operating in the town shall use the appropriate temperature control equipment and methods and maintain the required temperatures for the safe handling of edible food recovered from commercial edible food generators for the duration of the transportation of the edible food for redistribution, including edible food transported by private vehicles.

I. In order to ensure recovered edible food is eaten and to prevent donation dumping, food recovery organizations and food recovery services operating in the town shall provide documentation that all redistribution sites which are not themselves food recovery organizations to which they deliver edible food have a feeding or redistribution program in place to distribute, within a reasonable time, all the edible food they receive. Such documentation may include a website address which explains the program or pamphlets/brochures prepared by the redistribution site.

J. Food recovery organizations and food recovery services operating in the town unable to demonstrate a positive reduction in GHG emissions for their edible food recovery operational model cannot contract with commercial edible food generators in the town for the purpose of recovering edible food as defined in this title. Food recovery organizations and food recovery services contracting to recover edible food from a commercial edible food generator for redistribution shall consult with the town’s designee for edible food recovery to document that their overall operational model will achieve a greenhouse gas emissions reduction. Such review may analyze route review, miles traveled for pick-up and redistribution, amount of food rescued, and the likelihood of consumption after redistribution.

K. Food recovery organizations and food recovery services operating in the town shall visually inspect all edible food recovered or received from a commercial edible food generator. If significant spoilage is found, or if the food is otherwise found to be unfit for redistribution for human consumption, food recovery organizations and food recovery services shall immediately provide written notice via e-mail to the designee for edible food recovery. The notice shall include:

1. The type and amount, in pounds, of spoiled food or food unfit for redistribution for human consumption, or provide a photographic record of the food, or both.

2. The date and time such food was identified.

3. The name, address and contact information for the commercial edible food generator which provided the food.

4. The date and time the food was picked up or received.

5. A brief explanation of why the food was rejected or refused, if applicable.

L. Contracts between commercial edible food generators and food recovery organizations or food recovery services shall not include any language prohibiting commercial edible food generators from contracting or holding agreements with multiple food recovery organizations or food recovery services listed on the county of San Mateo office of sustainability website.

M. Food recovery organizations and food recovery services operating in the town shall conduct trainings and develop educational material such as donation guidelines and handouts to provide instruction and direction to commercial edible food generators with whom they contract regarding best practices and requirements for the timely identification, selection, preparation, and storage of edible food to ensure the maximum amount of edible food is recovered and to avoid the collection of food that is moldy, has been improperly stored, or is otherwise unfit for human consumption.

N. In order to support edible food recovery capacity planning assessments or other such studies, food recovery services and food recovery organizations operating in the town shall provide information and consultation to the town and its designee for edible food recovery upon request, regarding existing, or proposed new or expanded, edible food recovery capacity that could be accessed by the town and its commercial edible food generators. A food recovery service or food recovery organization contacted by the town or its designee for edible food recovery shall respond to such requests for information within sixty days.

O. Allow the town’s designee to access the premises and inspect procedures and review records related to edible food recovery and/or provide them electronically if requested by the town or the designee for edible food recovery. (Ord. 649 § 3, 2021)