Kings County Municipal Code Art. VI Edible Food Recovery

(a) Tier one commercial edible food generators must comply with the requirements of this chapter commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024.

(b) Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facility 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.

(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 self-hauls to the food recovery organization for food recovery.

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

(4) Allow the 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).

b. A copy of all contracts or written agreements 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:

1. The name, address and contact information of the food recovery service or food recovery organization.

2. The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.

3. The established frequency that food will be collected or self- hauled.

4. 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) Nothing in this ordinance 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. No. 705, § 2, 10-4-22)

(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.

(4) 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) no later than March 1 of each year.

(c) Food recovery capacity planning.

(1) Food recovery services and food recovery organizations. In order to support edible food recovery capacity planning assessments or other studies conducted by the county or an entity specified under subsection (b), 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 its commercial edible food generators. A food recovery service or food recovery organization contacted by the county shall respond to such request for information within 60 days.

(2) Jurisdictions and regional agencies. Cities, special districts that provide solid waste collection services, and regional agencies located within the county shall conduct edible food recovery capacity planning, in coordination with the county.

a. If the county identifies that new or expanded capacity to recover edible food is needed, then each jurisdiction within the county that lacks capacity shall:

1. Submit an implementation schedule to CalRecycle and the county that demonstrates how it will ensure there is enough new or expanded capacity to recover the edible food currently disposed by commercial edible food generators within its county by the end of the reporting period set forth in 14 CCR section 18992.3. The implementation schedule shall include the information specified in 14 CCR section 18992.2(c)(1)(A).

2. Consult with food recovery organizations and food recovery services regarding existing or proposed new and expanded capacity that could be accessed by the county and its commercial edible food generators.

b. If the county finds that new or expanded capacity is needed, the county shall notify the jurisdictions that lack sufficient capacity.

c. Cities, special districts that provides solid waste collection services, or regional agencies contacted by the county pursuant to this section shall respond to the county's request for information within 120 days of receiving the request from the county.

(Ord. No. 705, § 2, 10-4-22)

(a) Upon the effectiveness of this section, and through December 31, 2023, county or its designee will conduct inspections and compliance reviews, depending upon the type of regulated entity, to determine compliance with this article. If the county determines that any tier one commercial edible food generator, food recovery organization, food recovery service, or other entity to which this section applies is not in compliance, county or designee shall provide educational materials to the entity describing its obligations under this section and a notice that compliance is required and that violations may be subject to civil penalties starting on January 1, 2024.

(b) Beginning January 1, 2024, if the county determines that tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity to which this article applies is not in compliance with this article, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action as provided in this subsection. Nothing in this section precludes the county from using any other available method, including, without limitation, issuance of administrative citations in accordance with chapter 1A of this Code, for violations of this article.

(c) County may extend any compliance deadline set forth in a notice of violation issued in accordance with this section if satisfied there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including, without limitation, the following:

(1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;

(2) Delays in obtaining discretionary permits or other government agency approvals; or

(3) Deficiencies in edible food recovery capacity and the county is under a corrective action plan with CalRecycle pursuant to 14 CCR section 18996.2 due to those deficiencies.

(d) The county may use any available method authorized in this Code, state law, or federal law to enforce the provisions of this article.

(Ord. No. 705, § 2, 10-4-22)