A. Tier one commercial edible food generators must comply with the requirements of this chapter commencing January 1, 2022.
B. Tier two commercial edible food generators must comply with the requirements of this chapter commencing January 1, 2024.
C. Large venue or large event operators not providing food services, but allowing for edible 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 chapter, commencing January 1, 2024.
D. 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. Enter into a written agreement with food recovery organizations or food recovery services for:
a. The collection of edible food for food recovery; or
b. Acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.
3. Not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.
4. Allow city officials or authorized representatives, upon reasonable notice, to access the premises and review records.
5. Keep records that include the following information:
a. A copy of all contracts or written agreements with each food recovery service or organization that collects or receives its edible food.
b. A record of the following information for each of those food recovery services or food recovery organizations:
i. The name, address, email, phone number, and contact information of an authorized representative;
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; and
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.
E. 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 pursuant to section 1714.25 of the California Civil Code and sections 114432, 114433, and 114434, and 114435 of the California Health and Safety Code, the Federal Good Samaritan Act pursuant to title 42 of the United States Code section 1791, share table and school food donation guidance pursuant to sections 49580 and 49851 of the California Education Code, and section 114079 of the California Health and Safety Code, relating to food safety. (Ord. 2021-0031 § 13)