Sec. 13.22. - Requirements for edible food generators, food recovery services, and food…

organizations.

(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)

Commercial edible food generators shall comply with the following requirements:

(1)

Arrange to recover the maximum amount of edible food for human consumption that would otherwise be disposed.

(2)

Contract with or enter into a written agreement with food recovery organizations or food recovery services for: (i) the collection of edible food for food recovery; or (ii) acceptance of edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.

(3)

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

(4)

Allow city'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:

(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 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.

(6)

Not enter into any exclusive contracts or agreements with food recovery services or food recovery organizations.

(7)

Upon request by the city, and no later than ten (10) days after such request, provide the following information to the city:

a.

The amount, in pounds, of edible food donated to a food recovery service or food recovery organization annually.

b.

The amount, in pounds of edible food rejected by a food recovery service or food recovery organization annually.

c.

Any additional information required by the city manager or their designee.

(d)

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).

(e)

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.

(f)

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.

(g)

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 upon request, and no later than ten days from such request, all the information listed in subsections (e) or (f) of this section and any additional information requested by the city manager or their designee.

(Ord. No. 22-OR0061-1, § 22, 1-26-22)