8.27 — EDIBLE FOOD RECOVERY

Unless the context otherwise requires, the definitions set forth in this section shall govern the interpretation of this chapter.

"CALRecycle" means the California Department of Resources Recycling and Recovery.

"CCR" means the California Code of Regulations.

"City" means the City of Plymouth.

"City Clerk" means the City Clerk of the City of Plymouth.

"City Council" means the City Council of the City of Plymouth.

"City Manager" means the City Manager of the City of Plymouth, or his or her designee.

"County" means the County of Amador.

"Designee" means an entity that the City contracts with or otherwise arranges to carry out any of the City's responsibilities as authorized in 14 CCR Section 18981.2. A designee may be a government entity, a hauler, a private entity, or a combination of those entities.

"Edible food" means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). Edible food is not solid waste if it is recovered and not discarded.

"Enforcement action" means an action of the City to address noncompliance, including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

"Enforcement Officer" means the City Manager, County administrative official, chief operating officer, executive director, public works director or other executive in charge or their authorized designees who is/are partially or wholly responsible for enforcing this chapter.

"Food distributor" means a company that distributes food to entities, including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR Section 18982(a)(22).

"Food facility" has the same meaning as in Health and Safety Code Section113789.

"Food recovery" means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

"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, or as otherwise defined in 14 CCR Section18982(a)(25), including, but not limited to:

• A food bank as defined in Section 113783 of the Health and Safety Code;

2. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and

3. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

"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 food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26).

"Food service provider" means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).

"Generator" means any person or other entity who is responsible for the initial creation of solid waste.

"Grocery store" means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section18982(a)(30).

"Health Officer" includes the health officer or other agent of the health department of County, and shall include duly authorized personnel of the State Department of Health Services in the enforcement of applicable State law, City ordinance, or State or County rule or regulation in aid thereof.

"Inspection" means a site visit where the City reviews records of an entity's collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).

"Large event" means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event.

"Large venue" means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. A venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. A site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site is a single large venue.

"Local education agency" means a school district, charter school, or County office of education that is not subject to the control of City or County regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40).

"Notice of violation" or "NOV" means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.

"Organics," "organic waste," and "organic material" means solid wastes containing material originated from living organisms and their metabolic waste products, including, but not limited to, food waste, green waste, non-hazardous wood waste, and unwaxed, food-soiled paper.

"Person" has the same meaning as in Section 8.26.020.

"Recovery" means any activity or process described in 14 CCR Section18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).

"Residential" means any residential dwelling.

"SB 1383" means Senate Bill 1383 (Chapter 395, Statutes of 2016).

"SB 1383 regulations" means the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CALRecycle and adopted in 2020 that created14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

"Self-hauler" means a generator, who hauls his or her own solid waste, organic waste, or recyclable materials to another person. "Self-hauler" also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). "Back-hauling" is the process of generating and transporting organic waste to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).

"Solid waste" has the same meaning as in Section 8.26.020.

"State" means the State of California.

"Supermarket" means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000.00), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).

"Tier one commercial edible food generator" means a commercial edible food generator that is one of the following:

• Supermarket.

2. Grocery store with a total facility size equal to or greater than 10,000 square feet.

3. Food service provider.

4. Food distributor.

5. Wholesale food vendor.

"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. State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.

7. Local education agency facility with an on-site food facility.

"Wholesale food vendor" means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).

(Ord. 2022-02 § 1)

• 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.

• 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 that would otherwise be disposed.

  2. 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 tier one or tier two commercial edible food generator's premises; or

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

  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 city's enforcement officer or designees to access the premises and to 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 food recovery 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 edible food that will be collected by, or self-hauled to, the food recovery service or food recovery organization.

       • iii. The established frequency that edible food will be collected or self-hauled.

       • iv. The quantity of edible food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for purposes of food recovery.

• D. Nothing in this chapter 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 (Chapter 285, Statutes of 2017).

• (Ord. 2022-02 § 1)

• 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 for which the food recovery service transports edible food 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 collected form each commercial edible food generator per month.

  3. The name, address, and contact information for each food recovery service from which the organization receives edible food for food recovery.

• C. Food recovery organizations and food recovery services that have their primary address physically located in the City and contract or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall, no later than March 1, July 1, and September 1 of each calendar year, report to the City in which they are located the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators with which they have established a contract or written agreement pursuant to 14 CCR Section 18991.3(b).

• D. In order to support edible food recovery capacity planning assessments and other studies, food recovery services and food recovery organizations operating in the City shall, upon request, provide information and consultation to the City regarding existing or proposed new or expanded food recovery capacity that could be accessed by the City and its commercial edible food generators. A food recovery service or food recovery organization contacted by the city shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the City.

(Ord. 2022-02 § 1)

• A. City Enforcement Officer and/or its designee are authorized to conduct inspections and investigations, at random or otherwise to confirm compliance with this chapter by commercial edible food generators, haulers, food recovery services, and food recovery organizations, subject to applicable laws.

• B. The regulated entity shall provide or arrange for access during all inspections and shall cooperate with the City Enforcement Officer or its designee during such inspections and investigations. Such inspections and investigations may include edible food recovery activities, records, or any other requirement described herein. Failure to provide or arrange for: (1) access to an entity's premises; or (2) access to records for any inspection or investigation is a violation of this chapter and may result in penalties described in Section 8.27.050.

• C. Any records obtained by the City during its inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section6520 et seq.

• D. City Enforcement Officer and/or its designee are authorized to conduct any inspections or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.

• (Ord. 2022-02 § 1)

• A. Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and assessment of a fine by an Enforcement Officer. Enforcement actions under this chapter include issuance of an administrative citation and assessment of a fine. The City's procedures on imposition of administrative fines are set forth in Chapter 20.12, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant hereto, except as otherwise indicated.

• B. The City may seek all other remedies allowed by law, including civil action or prosecution for an alleged misdemeanor or infraction. The City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations.

• C. Penalty Amounts for Types of Violations

  1. For a first violation, the amount of the base penalty shall be $100 per violation.

  2. For a second violation, the amount of the base penalty shall be $200 per violation.

  3. For a third or subsequent violation, the amount of the base penalty shall be $500 per violation.

  4. The penalties shall be consistent with Government Code Section 36900.

• D. Compliance Deadline Extension Considerations. The City may extend the compliance deadlines set forth in a notice of violation if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including 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 City are under a corrective action plan with CALRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.

• E. Appeals Process. Chapter 20.12 shall govern all appeals of an administrative citation issued under this chapter.

• F. Education Period for Noncompliance. Beginning January 1, 2022 and through December 31, 2023, the City will conduct inspections to determine compliance, and if the City determines that a tier one commercial edible food generator, food recovery service, food recovery organization, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this chapter and a notice that compliance is required as of January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.

• G. Civil Penalties for Noncompliance. Beginning January 1, 2024, if the City determines that a tier one commercial edible food generator, tier two commercial edible food generator, food recovery service, food recovery organization, or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this chapter.

• H. This chapter shall be interpreted to be consistent with the City's regulatory authority, and shall only apply to location education agencies and other entities to the extent permitted by law, including SB 1383 regulations.

• (Ord. 2022-02 § 1)