(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 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) Tier One and Tier Two 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) Allow the department or designee to access the premises, conduct inspections, and review electronic and hard copy records 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 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:
(i) The name, address and contact information of the food recovery service or food recovery organization.
(ii) The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.
(iii) The established frequency that food will be 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.
(d) Tier One commercial edible food generators shall submit food recovery reports, as defined below, to the department or designee according to the following schedule:
(1) On or before August 1, 2022, Tier One commercial edible food generators shall submit a food recovery report for the period of January 1, 2022 through June 30, 2022.
(2) On or before May 1, 2023, and on or before May 1st each year thereafter, Tier One commercial edible food generators shall submit a food recovery report for the period covering the entire previous calendar year.
(e) Tier Two commercial edible food generators shall submit food recovery reports, as defined below, to the department or designee according to the following schedule:
(1) On or before May 1, 2025, and on or before May 1st each year thereafter, Tier Two commercial edible food generators shall submit a food recovery report for the period covering the entire previous calendar year.
(f) Food recovery reports submitted by Tier One and Tier Two commercial edible food generators shall include the following information:
(1) The name and address of the commercial edible food generator;
(2) The name of the person responsible for the commercial edible food generator's edible food recovery program;
(3) A list of all contracted food recovery services or food recovery organizations that collect edible food from the commercial edible food generator;
(4) The total number of pounds of edible food, per year, donated through a contracted food recovery organization or food recovery service.
(g) 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 issued by the California Department of Education pursuant to Senate Bill 557 (2017).
(Ord 5536 § 3 (part), 2021)