Yreka Municipal Code Ch. 6.12 Edible Food Recovery

(a) The purpose of this chapter is to comply with SB 1383 requirements related to rural jurisdictions and reduce the amount of edible food going to landfill.

(b) The Agency has the power to enact this chapter pursuant to the Joint Exercise of Powers Agreement for Waste Management ("JPA"). The JPA agreement, modified on January 6th, 2022, grants the SCWMA the power to adopt ordinances necessary to carry out the purposes of the JPA including compliance with SB 1383 regulations.

(c) State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (approved by the Governor of the State of California on September 29, 1989, which among other things, added Division 30 (§ 40000, et seq.) to the Public Resources Code, as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) solid waste generated in their jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment.

(d) State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended the Public Resources Code, §§ 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added §§ 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with § 42649) to Part 3 of Division 30 of, and added and repealed § 41780.02 of, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and multi-family property owners that generate a specified threshold amount of solid waste to arrange for recycling service and requires jurisdictions to implement a mandatory commercial recycling program.

(e) State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with § 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and multi-family property owners that generate a specified threshold amount of solid waste, recycling, and organic waste per week to arrange for recycling service for those materials, requires counties and cities to implement a recycling program to divert organic waste from businesses subject to the law, and to implement a mandatory commercial organics recycling program. The SCWMA members have a rural exemption from this until 2026.

(f) State organics recycling law, Senate Bill 1383 of 2016, the Short-lived Climate Pollutant Reduction Act of 2016 (approved by the Governor of the State of California on September 19, 2016), took effect on January 1, 2017 and sets Statewide Organic Waste disposal reduction targets of fifty percent by 2020 and seventy-five percent by 2025, and requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The SB 1383 Regulations place requirements on multiple entities, including counties, cities, residential households, commercial businesses (including multi-family residential dwellings), commercial edible food generators, haulers, self-haulers, food recovery organizations, and food recovery services to support achievement of statewide organic waste disposal reduction targets with compliance required beginning January 1,2022.

(g) The SCWMA and its member agencies are eligible for, have applied for and expect to receive, a rural waiver from CalRecycle for the organic waste collection requirements and the organic waste product procurement requirements. The member agencies will still be responsible for meeting the edible food recovery program requirements as specified in 14 CCR, Section 18991.1.

(h) By January 1, 2022, the SB 1383 Regulations require jurisdictions to adopt and enforce an ordinance or other enforceable mechanism to implement relevant provisions of SB 1383.

(i) It is in the public interest for participants in the SCWMA to work together to advance the goals in the state legislation noted above.

(j) This edible food recovery chapter is adopted pursuant to CalRecycle's SB 1383 Regulations. The SB 1383 Regulations were the subject of a program environmental impact report (EIR) prepared by CalRecycle, and the activities to be carried out under this chapter are entirely within the scope of the SB 1383 Regulations and that EIR. No mitigation measures identified in the EIR are applicable to the SCWMA's member agencys' enactment of this chapter. The EIR therefore adequately analyzes any potential environmental effects of the chapter and no additional environmental review is required. On a separate and independent basis, the chapter is exempt from CEQA pursuant to Section 15308, Class 8 of the CEQA Guidelines as an action that will not have a significant impact on the environment and as an action taken by a regulatory agency for the protection of the environment, specifically, for the protection of the climate. There are no unusual circumstances that would cause this chapter to have a significant effect on the environment.

(Ord. No. 866, Exh. A, 2-1-2022)

This chapter is titled "Edible Food Recovery."

(Ord. No. 866, Exh. A, 2-1-2022)

The following definitions govern the use of terms in this chapter:

"CalRecycle" means California's Department of Resources Recycling and Recovery, which is the state agency designated with responsibility for developing, implementing, and enforcing the SB 1383 Regulations.

"California Code of Regulations" or "CCR" means the State of California Code of Regulations. CCR references in this chapter are preceded with a number that refers to the relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).

"Commercial Edible Food Generator" includes a Tier One or a Tier Two commercial edible food generator as defined herein or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 CCR Section 18982(a)(7).

"Compliance review" means a review of records by the enforcement agency to evaluate compliance with this chapter.

"Designee" means an entity that the SCWMA or a member agency contracts with or otherwise arranges to carry out or assist with any of the SCWMA's or member agency's responsibilities for compliance with the SB 1383 Regulations or administration or enforcement of this chapter. A designee may be a government entity, 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). For the purposes of this chapter or as otherwise defined in 14 CCR Section 18982(a)(18), "Edible Food" is not solid waste if it is recovered and not discarded. Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code, as codified in the Health and Safety Code Section 113700, et seq.

"Enforcement action" means an action of the relevant enforcement agency to address non-compliance with this chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

"Enforcement agency" means an entity with the authority to enforce part or all of this chapter as specified herein. Employees and agents of an enforcement agency may carry out inspections and enforcement activities pursuant to this chapter. Nothing in this chapter authorizing an entity to enforce its terms shall require that entity to undertake such enforcement except as agreed to by that entity. The county of Siskiyou, and the SCWMA are enforcement agencies for all sections of this chapter for those member agencies that opt-into this chapter. The SCWMA member agencies that opt- into this chapter are also enforcement agencies for all sections of 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 Section 113789 of the Health and Safety Code.

"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 Section 18982(a)(25), including, but not limited to:

(1) A food bank as defined in the Health and Safety Code § 113783;

(2) A nonprofit charitable organization as defined in the Health and Safety Code § 113841; and,

(3) A nonprofit charitable temporary food facility as defined in the Health and Safety Code § 113842.

A food recovery organization is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). If the definition in 14 CCR Section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this chapter.

"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). A Food Recovery Service is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

"Food scraps" means all edible or inedible food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, coffee grounds, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps.

"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).

"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 Section 18982(a)(30).

"Health facility" has the same meaning as in the Health and Safety Code § 1250.

"Hotel" has the same meaning as in the Business and Professions Code § 17210.

"Inspection" means an enforcement agency's electronic or on-site review of records, containers, and 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 two thousand 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. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this chapter. For the purposes of this definition of large event, "local agency" means all public agencies except those that are not subject to the regulatory authority of the member agency.

"Large venue" means a permanent venue facility that annually seats or serves an average of more than two thousand individuals within the grounds of the facility per day of operation. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, 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. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, 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. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this chapter.

"Member agency" means a party to the SCWMA. Current member agencies are the county of Siskiyou, the cities of Dunsmuir, Mt. Shasta, Weed, Yreka, Montague, Fort Jones Etna, Dorris and Tulelake. A reference to a member agency means the member agency within whose boundaries the regulated organic waste generator, self-hauler, regulated hauler, commercial edible food generator, food recovery organization, food recovery service, or other entity resides or operates.

"Notice of violation" 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.

"Restaurant" means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).

"SB 1383" means Senate Bill 1383 of 2016, the Short-lived Climate Pollutant Reduction Act of 2016.

"SB 1383 regulations" means or refers to, for the purposes of this chapter, the shortlived climate pollutants: organic waste reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

"Supermarket" means a full-line, self-service retail store with gross annual sales of two million dollars, 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:

(1) Supermarket.

(2) Grocery store with a total facility size equal to or greater than ten thousand square feet.

(3) Food service provider.

(4) Food distributor.

(5) Wholesale food vendor.

If the definition in 14 CCR Section 18982(a)(73) of Tier One commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this chapter.

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

(1) Restaurant with two hundred fifty or more seats, or a total facility size equal to or greater than five thousand square feet.

(2) Hotel with an on-site food facility and two hundred or more rooms.

(3) Health facility with an on-site food facility and one hundred or more beds.

(4) Large venue.

(5) Large event.

If the definition in 14 CCR Section 18982(a)(74) of Tier Two commercial edible food generator differs from this definition as to entities subject to the regulatory authority of a member agency, the definition in 14 CCR Section 18982(a)(74) shall apply to this chapter.

"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).

"Agency" means the Siskiyou County Integrated Waste Management Regional Agency.

(Ord. No. 866, Exh. A, 2-1-2022)

(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 or such later deadline established by State law or regulations.

(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 or such later deadline established by state law or regulations.

(c) Commercial edible food generators shall comply with the following requirements:

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

(2) Enter into a contract or other written agreement with food recovery organizations or food recovery services for: (i) the collection for food recovery of edible food that would otherwise be disposed; or, (ii) acceptance of edible food that would otherwise be disposed that the commercial edible food generator self-hauls to the food recovery organization for food recovery.

(3) Use best efforts to abide by all contractual or written agreement requirements specified by the food recovery organization or food recovery service on how edible food should be prepared, packaged, labeled, handled, stored, distributed or transported to the food recovery organization or service.

(4) Not intentionally donate food that has not been prepared, packaged, handled, stored and/or transported in accordance with the safety requirements of the California Retail Food Code.

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

(6) Allow the enforcement agency to review records upon request, including by providing electronic copies or allowing access to the premises, pursuant to 14 CCR Section 18991.4.

(7) 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 and written agreements established under 14 CCR Section 18991.3(b) and/or this chapter.

(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.

(D) If it has not entered into a contract or written agreement with food recovery organizations or food recovery services pursuant to Section 6.12.040(c)(2), a record that describes (i) its direct donation of edible food to end recipients (including employees) and/or (ii) its food waste prevention practices that result in it generating no surplus edible food that it can donate.

(8) Tier One commercial edible food generators and Tier Two commercial edible food generators shall provide, upon request, a food recovery report to the enforcement agency that includes the information in Section 16.12.020(c)(7). Entities shall provide the requested information within sixty days of the request.

(d) Nothing in this chapter shall be construed to limit or conflict with (1) 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 the Health and Safety Code § 114079, relating to food safety, as amended, supplemented, superseded and replaced from time to time); or (2) otherwise applicable food safety and handling laws and regulations.

(e) Nothing in this chapter prohibits a commercial edible food generator from donating edible food directly to end recipients for consumption, pursuant to Health and Safety Code § 114432(a).

(Ord. No. 866, Exh. A, 2-1-2022)

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, in accordance with 14 CCR Section 18990.2(d).

(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. This may also include the total quantity in pounds of food collected that was spoiled when received from a commercial edible food generator or otherwise not able to be used to feed people.

(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. This may also include the total quantity in pounds of food collected that was spoiled when received from a commercial edible food generator or otherwise not able to be used to feed people.

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

(c) Food recovery organizations and food recovery services that have their primary address physically located in any part of Siskiyou 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 on behalf of the SCWMA member agencies, the total pounds of edible food recovered 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) according to the following schedule: (i) no later than August 15, 2022, submit an initial report covering the period of January 1, 2022 to June 30, 2022; and (ii) no later than March 31, 2023, and no later than every March 31 thereafter, submit a report covering the period of January 1 to December 31 of the previous calendar year.

(d) In order to support edible food recovery capacity planning assessments and similar studies, food recovery services and food recovery organizations operating in Siskiyou County shall provide, upon request, information and consultation to the enforcement agency regarding existing, or proposed new or expanded, food recovery capacity in a form that can be provided to or that can be accessed by the SCWMA, member agencies, and commercial edible food generators in Siskiyou County. A food recovery service or food recovery organization contacted by the enforcement agency shall respond to such request for information within sixty days, unless a shorter timeframe is otherwise specified by the enforcement agency.

(e) The enforcement agency for the provisions of this section is the county of Siskiyou acting as the enforcement agency for the SCWMA and its member agencies, and the member agency and any other designee of the member agency.

(Ord. No. 866, Exh. A, 2-1-2022)

(a) The enforcement agency for the provisions of this chapter is the SCWMA and the county of Siskiyou acting as the enforcement agency for the SCWMA's member agencies, the member agencies and any other designee of the member agency.

(b) The enforcement agency is authorized to conduct inspections and investigations, at random or otherwise, to confirm compliance with the provisions of this chapter for which it has enforcement authority by commercial edible food generators, food recovery services, and food recovery organizations, subject to applicable laws.

(c) A person subject to the requirements of this chapter shall provide or arrange for access during all inspections (and shall cooperate with the enforcement agency during such inspections and investigations). Such Inspections and investigations may include inspection of edible food recovery activities, review of required records, or other verification or inspection to confirm compliance with any other requirement of this chapter. Failure to provide or arrange for: (i) access to the premises; or (ii) access to records for any inspection or investigation is a violation of this chapter and may result in penalties described in Section 16.12.080.

(d) The enforcement agency is authorized to conduct any inspections or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.

(Ord. No. 866, Exh. A, 2-1-2022)

(a) Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and assessment of a fine by the enforcement agency. Enforcement actions under this chapter are issuance of an administrative citation and assessment of a fine. The enforcement agency's procedures on imposition of administrative citations and fines as contained within their municipal code shall govern the imposition, enforcement, collection, and review of administrative citations and fines issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter, except as otherwise indicated in this chapter.

The enforcement agency may issue a notice of violation requiring compliance within sixty days of issuance of the notice.

Absent compliance by the respondent within the deadline set forth in the notice of violation, the enforcement agency shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the enforcement agency's standard procedures.

(b) Penalty amounts for violations. The penalty levels are as follows:

(1) For a first violation, the amount of the penalty shall be one hundred dollars per violation or such higher amount as may be established by the enforcement agency.

(2) For a second violation, the amount of the penalty shall be two hundred dollars per violation or such higher amount as may be established by the enforcement agency.

(3) For a third or subsequent violation, the amount of the penalty shall be five hundred dollars per violation or such higher amount as may be established by the enforcement agency.

The enforcement agency for the provisions of this chapter is the county for the SCWMA member agencies, and may also be the member agency and any designee authorized by the member agency to enforce one or more sections of this chapter.

(Ord. No. 866, Exh. A, 2-1-2022)

(a) Nothing in this chapter shall be construed to prohibit any SCWMA Member Agency from enacting and enforcing ordinances and regulations regarding the collection, transport, storage, processing, and deposit in landfill(s) of solid waste within its jurisdiction, including more stringent requirements than those in this chapter.

(b) This chapter shall apply only within the boundaries of member agencies that have adopted an ordinance declaring that the member agency is opting into this chapter and that it shall apply within their jurisdiction. For any member agency that opts in, this chapter shall apply as to that member agency from the date specified in the ordinance adopted by the member agency. A member agency that has adopted such an ordinance may declare that this chapter no longer applies within its boundaries by adopting a subsequent ordinance setting forth the date upon which this chapter shall no longer apply.

(Ord. No. 866, Exh. A, 2-1-2022)