.010 Tier One Commercial Edible Food Generators must comply with the requirements of this Chapter 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 as specified in other applicable law.
.020 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) 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 the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.
(3) Shall not intentionally spoil food capable of being recovered by a Food Recovery Organization or Food Recovery Service.
(4) Allow City’s designated entity or designated third party entity to access the premises and review records.
(5) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
(i) A list of each Food Recovery Service or Food Recovery Organization that collects or receives its Edible Food.
(ii) A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
(a) The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
(b) The types of food that will be collected by or transported to the Food Recovery Service or Food Recovery Organization.
(c) The established frequency that food will be collected or transported
(d) The quantity of food, measured in pounds recovered per month, collected or transported to a Food Recovery Service or Food Recovery Organization for Food Recovery.
(iii) A copy of all contracts, written agreements, or other documents between the Edible Food generator and the Food Recovery Service(s) or Food Recovery Organization(s).
(6) Provide copies of records required by this Section to City if requested by the City Manager or their Designee and shall provide the records at the frequency requested by the City Manager or their Designee.
.030 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 Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024.
.040 Nothing in this Section 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 requirements contained in food share donation regulations for schools 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). (Ord. 6519 § 1 (part); December 11, 2021.)