A. Tier one commercial edible food generators must comply with the requirements of this § 5.08.025 commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR § 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 § 5.08.025, 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 or enter into a written agreement with the City, 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. At least annually, or as often as determined by the City, submit receipt to the City of food donated to the City, a food recovery organization or a food recovery service;
4. Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service;
5. Allow City's designated enforcement entity or designated third party enforcement entity to access the commercial edible food generator's premises and review records pursuant to 14 CCR § 18991.4;
6. Keep records that include the following information, or as otherwise specified in 14 CCR § 18991.4:
a. A list of each food recovery service or food recovery organization that collects or receives the commercial edible food generator's edible food pursuant to a contract or written agreement established under 14 CCR § 18991.3(b);
b. A copy of all contracts or written agreements established under 14 CCR § 18991.3(b);
c. A record of the following information for each of those food recovery services or food recovery organizations:
i. The names, addresses and contact information of any food recovery services or food recovery organizations to whom the commercial edible food generator donated food during the previous calendar year;
ii. The types of food that was donated to any food recovery services or food recovery organizations during the previous calendar year;
iii. The frequency that food were 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.
7. Starting on March 1, 2023 for tier one commercial edible food generators, March 1, 2025 for tier two commercial edible food generators and no later than March 1 of each subsequent year, commercial edible food generators shall provide an annual food recovery report to the City. These reports shall contain data relating to the prior calendar year. For example, the report received on March 1, 2023, shall contain data relating to the period between January 1, 2022 and December 31, 2022. The data in these annual food recovery reports shall include:
a. The names, addresses and contact information of any food recovery service or food recovery organization to whom the commercial edible food generator donated food during the prior calendar year;
b. The types of food donated to each particular food recovery service or food recovery organization during the prior calendar year;
c. The frequency that food was collected by or self-hauled to any particular food recovery service or food recovery organization during the prior calendar year;
d. The quantity of food, measured in pounds recovered per month, collected or self-hauled to any particular food recovery service or food recovery organization for food recovery during the prior calendar year.
D. 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 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 § 49580) to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Cal. Health and Safety Code § 114079, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
(Ord. No. 2021-014, § 2(part))