Tracy Municipal Code Art. 9 Other Programs and Services

Effective January 1, 2022, commercial edible food generators under the jurisdiction of the City shall comply with the requirements of this chapter.

(Ord. No. 1324, § 1(Exh. A), 12-21-2021)

Tier one commercial edible food generators shall comply with the requirements of this section as of January 1, 2022, and tier two commercial edible food generators shall comply with the requirements of this section as of January 1, 2024:

(a) Commercial edible food generators shall contract with or otherwise arrange with food recovery services or food recovery organizations, to recover edible food that would otherwise be disposed of. Commercial edible food generators may contract with food recovery services and organizations to collect edible food from the commercial edible food generator, or self-haul edible food to the food recovery services or food recovery organizations. Edible food may only be self- hauled to the food recovery services or organizations with the consent of the food recovery services or organizations, and pursuant to an operative contract or other agreed upon arrangement.

(b) Follow California food safety and handling requirements for all food recovered.

(c) Do not intentionally spoil food capable of being recovered by food recovery services or organizations.

(d) Allow the City's designated entity, or designated third party entity, to access the premises and review records.

(e) Keep records that include the following information:

(1) A copy of all contracts, written agreements, or other documents between the edible food generator and the food recovery services or organizations.

(2) A list of each food recovery service or organization that collects or receives its edible food and the following information for each of those services or organizations:

(i) The name, address, and contact information of the service or organization.

(ii) The types of food that will be collected by or transported to the service or organization.

(iii) The established frequency that food will be collected or transported.

(iv) The quantity of food, measured in pounds recovered per month, collected or transported to the service or organization for food recovery.

(f) 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 Food Donation Act, or requirements contained in Food Share Donation regulations for schools (SB 557).

(g) As of January 1, 2024, large venues or large event operators not providing food service, but allowing for food to be provided by others, shall require food facilities operating at the event to comply with the requirements of this section.

(Ord. No. 1324, § 1(Exh. A), 12-21-2021)

(a) Food recovery services collecting or receiving edible food directly from commercial edible food generators shall maintain the following records:

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

(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.

(b) Food recovery organizations collecting or receiving edible food directly from commercial edible food generators shall maintain the following records:

(1) The name, address, and contact information for each commercial edible food generator that the organizations received edible food from.

(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 received edible food from for recovery.

(c) Food recovery services and food recovery organizations shall inform generators about California and Federal Good Samaritan Food Donation Act protection in written communications, such as in contract or agreement with them.

(d) Food recovery organizations and services shall provide the City or City authorized entity, with a copy of the records maintained in (a) and (b) of this Section.

(Ord. No. 1324, § 1(Exh. A), 12-21-2021)