The definitions set forth in this section shall govern the application and interpretation of this chapter.
(1) "City" means the City of Palo Alto.
(2) "Department" means any department of the city, the County of Santa Clara, or any other public agency designated by the city to enforce or administer this chapter, as authorized in 14 CCR Section 18981.2. The city manager or designee is authorized to administer and enforce the provisions of this chapter on behalf of the city.
(3) "Designee" means any private entity that the city contracts with or otherwise arranges to carry out any responsibilities of this chapter, as authorized in 14 CCR Section 18981.2.
(4) "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, "edible food" is not solid waste if it is recovered and not discarded. Nothing in this chapter requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.
(5) "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).
(6) "Food facility" has the same meaning as in Section 113789 of the Health and Safety Code.
(7) "Food recovery" means actions to collect and distribute food for human consumption which otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
(8) "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. "Food recovery organization" includes, but is not limited to:
(i) A food bank as defined in Section 113783 of the Health and Safety Code;
(ii) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and,
(iii) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
A food recovery organization is not a commercial edible food generator for the purposes of this chapter 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.
(9) "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.
(10) "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).
(11) "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).
(12) "Health facility" has the same meaning as in Section 1250 of the Health and Safety Code.
(13) "Hotel" has the same meaning as in Section 17210 of the Business and Professions code.
(14) "Inspection" means a department or designee'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).
(15) "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 2,000 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.
(16) "Large venue" means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. A venue facility includes, but is not limited to, a public, non-profit, 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. 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.
(17) "Local education agency" means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40).
(18) "Non-local entity" means an entity that is an organic waste generator but is not subject to the control of a jurisdiction's regulations related to solid waste. These entities may include, but are not limited to, special districts, federal facilities, prisons, facilities operated by the state parks system, public universities, including community colleges, county fairgrounds, and state agencies.
(19) "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).
(20) "Share table" has the same meaning as in Section 114079 of the Health and Safety Code.
(21) "Supermarket" means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), 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).
(22) "Tier One commercial edible food generator" means the following:
(i) Supermarkets, as defined above.
(ii) Grocery stores, as defined above, with a total facility size equal to or greater than 10,000 square feet.
(iii) Food service providers, as defined above.
(iv) Food distributors, as defined above.
(v) Wholesale food vendors, as defined below.
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.
For the purposes of this chapter, food recovery organizations and food recovery services are not commercial edible food generators.
(23) "Tier Two commercial edible food generator" means the following:
(i) Restaurants, as defined above, with 250 or more seats or a total facility size equal to or greater than 5,000 square feet.
(ii) Hotels, as defined above, with an on-site food facility and 200 or more rooms.
(iii) Health facilities, as defined above, with an on-site food facility and 100 or more beds.
(iv) Large venues, as defined above.
(v) Large events, as defined above.
(vi) State agencies with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.
(vii) Local education agency facilities, as defined above, with on-site food facilities, as defined above.
If the definition in 14 CCR Section 18982(a)(74) of Tier Two commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this chapter. Non-local entities that operate a facility that meets this definition are Tier Two commercial edible food generators.
For the purposes of this chapter, food recovery organizations and food recovery services are not commercial edible food generators.
(24) "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).
(Ord 5536 § 3 (part), 2021)