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 with the requirements of this section commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
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. 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 edible food that is capable of being recovered by a food recovery organization or a food recovery service.
4. Subject to applicable laws, allow the City's designated enforcement entity or designated third party enforcement entity to access the premises and review records kept 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:
(1) The name, address and contact information of the food recovery service or food recovery organization.
(2) The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.
(3) The established frequency that food will be collected or self-hauled.
(4) 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.
6. No later than February 1 of each year, commencing no later than February 1, 2023 for tier one commercial edible food generators and February 1, 2025 for tier two commercial edible food generators, provide an annual food recovery report to the City that includes the following information:
a. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
b. The quantity of food, measured in annual pounds recovered, collected or self-hauled to a food recovery service or food recovery organization for food recovery.
c. The name, address and contact information of the food recovery service or food recovery organization.
d. Any additional information required by the City or the City's designee.
D. Nothing in this article 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 of 2017 approved by the Governor of the State 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 State Education Code, and amended Section 114079 of the State Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time. (Ord. 21-O-2854, eff. 1-21-2022)