(A) Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2023, 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, will require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024.
(C) Tier one and tier two commercial edible food generators will comply with the following requirements:
(1) Arrange to recover the maximum amount of edible food that would otherwise be disposed.
(2) Use the CalRecycle Model Food Recovery Agreement or the contractual elements contained in the requirements for food recovery organizations and food recovery services section of this chapter to contract with, or otherwise enter into a written agreement with food recovery organizations or food recovery services for:
(a) The collection of edible food for edible food recovery from the tier one or tier two commercial edible food generator's premises; or
(b) The acceptance of edible food that the tier one or tier two commercial edible food generator self-hauls to the food recovery organization.
(3) Will not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.
(4) Allow the city's edible food recovery designee for edible food recovery to access the premises, inspect procedures, and review records related to edible food recovery and/or provide them electronically if requested by the city or the designee for edible food recovery.
(5) Register with the County of Humboldt Division of Environmental Health as an edible food generator. Commercial edible food generator registration will require an annual fee in an amount to cover costs, as set by resolution or ordinance of the Humboldt County Board of Supervisors. No part of the registration fee shall be refundable.
(6) Submit to annual inspection by the County of Humboldt Division of Environmental Health for compliance with this section.
(7) Keep records that include the following information:
(a) A list of each food recovery organization or a food recovery service that collects or receives edible food from the tier one or tier two commercial edible food generator pursuant to a contract or written agreement as required by this chapter.
(b) A copy of all contracts or written agreements established under the provisions of this chapter.
(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 schedule or 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.
(D) Nothing in this chapter should 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 (Chapter 285, Statutes of 2017), as amended from time to time.
(Ord. 943-C.S., passed 2-21-23; Am. Ord. 957-C.S., passed 11-5-24)