Santa Cruz County Municipal Code Art. IX Edible Food Recovery Program

(A) Nothing in this article shall be construed to limit or conflict with the provisions of the California Good Samaritan Food Donation Act of 2017 or the edible food recovery program requirements set forth in 14 CCR, Division 7, Chapter 12.

(B) Nothing in this article shall be construed to require or authorize the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.

(Ord. 5383 § 2, 2021)

(A) Program Requirements. Commercial edible food generators located in the unincorporated areas of the County shall comply with the requirements of this article.

(1) Tier one commercial edible food generators shall comply with the requirements of this section no later than January 1, 2022; and tier two commercial edible food generators shall comply with the requirements of this section no later than January 1, 2024.

(2) 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:

(a) Food recovery service(s) or food recovery organization(s) that will collect the generator's edible food for food recovery; or

(b) Food recovery organization(s) that will accept the edible food that the commercial edible food generator transports to the food recovery organization for food recovery.

(3) 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.

(4) 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, in accordance with 14 CCR Section 18991.3(d), that makes such compliance impracticable. The Director shall have sole discretion to determine whether such extraordinary circumstances qualify for exemption under 14 CCR Section 18991.3(d), and shall memorialize that determination in writing. If an enforcement action is commenced against a commercial edible food generator for noncompliance with this article, the burden of proof shall be upon the commercial edible food generator to demonstrate extraordinary circumstances beyond its control that make compliance impracticable.

(5) A commercial edible food generator shall not intentionally discard or spoil edible food that is capable of being recovered by a food recovery organization or food recovery service.

(6) Commercial edible food generators shall provide written information and in-person training, on an annual or more frequent basis, to employees, contractors, and tenants about the edible food recovery program requirements, including information about proper separation, storage, and, if applicable, transportation of edible food and related record keeping and reporting requirements. Such education information shall also be provided by commercial edible food generators to any new employees or contractors within 14 calendar days of employment; and to new tenants, if applicable, within 14 calendar days of occupation of the premises.

(7) Commercial edible food generators shall store and transport edible food using methods that comply with applicable law.

(B) Record Keeping Requirements. A commercial edible food generator shall keep a record that includes the following:

(1) 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 in accordance with this section; including a record of the following information for each food recovery service or food recovery organization:

(a) The name, address and contact information of the food recovery service or food recovery organization;

(b) The types of edible food that will be collected by or transported to the food recovery service or food recovery organization;

(c) The established frequency that edible food will be collected or transported; and

(d) The quantity of edible food collected or transported, measured in pounds recovered per month.

(2) A copy of all contracts or written agreements between the commercial edible food generator and the food recovery service(s) or food recovery organization(s).

(3) An edible food recovery log that includes, but is not limited to, the following information for each delivery of edible food to a food recovery service or food recovery organization:

(a) The date of each delivery of edible food;

(b) The name of the food recovery service or food recovery organization that received the edible food;

(c) The types of edible food delivered; and

(d) The quantity of food delivered in each delivery, in pounds.

(4) A record of all educational information provided to employees, contractors, and tenants about edible food recovery and proper procedures for separating, storing, and, if applicable, transporting edible food. The record shall include a copy of all written educational materials provided, the dates of in-person trainings conducted, and the number of attendees at each in-person training.

(C) Capacity Planning. A commercial edible food generator shall be required to provide information to the County, upon request of the Director, to support edible food recovery capacity planning assessments or other studies that are conducted by the County, within the County, or that require participation by the County. This information may include, but is not limited to, the estimated amount of edible food that has been or will be disposed of by the commercial edible food generator in a specified time frame. The commercial edible food generator shall respond to any County request for information within 60 days, unless another time frame is otherwise specified or authorized by the Director in writing.

(D) Reporting. A commercial edible food generator may be required to submit reports to the County annually, or more frequently, upon written request of the Director, which may include the information specified in subsection (B) of this section. The commercial edible food generator shall submit such reports in a format approved or specified by the Director within 30 calendar days of the Director's request, unless another time frame is authorized by the Director in writing.

(Ord. 5383 § 2, 2021)

(A) Program Requirements. Food recovery services and food recovery organizations that operate within or service any part of the unincorporated areas of the County shall comply with the requirements of this article.

(1) Food recovery services and food recovery organizations shall comply with the requirements of this article on or before January 1, 2022, unless another date is specified by written notice from the County.

(2) Food recovery services and food recovery organizations shall store, transport, and distribute edible food using methods that comply with both applicable law and industry best practices.

(3) Nothing in this chapter prohibits a food recovery service or food recovery organization from refusing to accept edible food from a commercial edible food generator.

(B) Record Keeping. A food recovery service or food recovery organization that has established a contract or written agreement to collect or receive edible food from a commercial edible food generator shall maintain the following records:

(1) A food recovery organization shall maintain a record that includes, at a minimum:

(a) The name, address, and contact information for each commercial edible food generator and food recovery service that the food recovery organization receives edible food from; and

(b) The quantity in pounds of edible food received from each commercial edible food generator per month, listed separately by each commercial edible food generator and in total.

(2) A food recovery service shall maintain a record that includes, at a minimum:

(a) The name, address, and contact information for each commercial edible food generator that the food recovery service collects edible food from;

(b) The quantity in pounds of edible food collected from each commercial edible food generator per month;

(c) The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery; and

(d) The quantity in pounds of edible food transported to each food recovery organization per month.

(C) Reporting Requirements.

(1) No later than January 1, 2022, and annually thereafter, food recovery services and food recovery organizations shall report updated organizational information to the County, including, but not limited to the following:

(a) Name and physical address of the food recovery service or food recovery organization;

(i) If the location for the business or organization office, if any, differs from the location(s) for collecting or receiving edible food, both shall be listed.

(b) Contact information;

(c) Collection service area;

(d) The types of edible food that the food recovery service or food recovery organization can collect or receive for food recovery.

(2) No later than January 31, 2022, and annually thereafter, a food recovery service or food recovery organization that has operated within or serviced any part of the County during the previous calendar year shall report the information specified in subsection (B) of this section to the County for the previous calendar year, in a format designated by the Director.

(D) Capacity Planning Assistance. A food recovery service or food recovery organization that operates within, services, or has previously serviced any part of the County shall provide information and consultation to the County, upon written request of the Director, to support edible food recovery capacity planning assessments or other studies that are conducted by the County, within the County, or that require participation by the County; including information on existing edible food recovery capacity and any new or expanded capacity that has been proposed that could be accessed by the County and its commercial edible food generators. A food recovery service or food recovery organization shall respond to any request for information within 60 calendar days of that request being made by the Director, unless another time frame is otherwise specified or authorized by the Director in writing.

(Ord. 5383 § 2, 2021)

Compliance monitoring and enforcement provisions of Article X of this chapter apply to commercial edible food generators, food recovery services, and food recovery organizations. Commercial edible food generators, food recovery services, and food recovery organizations shall provide or arrange for access to the premises used in their operations during all inspections conducted pursuant to SCCC § 7.20.410 and § 7.20.420.

(Ord. 5383 § 2, 2021)