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(a) With the exception of annual reporting requirements which are subject to the commencement dates specified below, tier one commercial edible food generators must comply with the requirements of this section 68.591 commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, unless a different schedule is established pursuant to 14 CCR section 18991.3, in which case that schedule shall apply.
(b) 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 food capable of being recovered by a food recovery organization or food recovery service.
(4) Allow County or its designated entity to access the premises and review records.
(5) Keep records that include the following information, or as otherwise specified in 14 CCR section 18991.4:
(i) A list of each food recovery service or food recovery organization that collects or receives its edible food.
(ii) A copy of all contracts or written agreements established under 14 CCR section 18991.3.
(iii) A record of the following information for each of those food recovery services or food recovery organizations:
a. The name, address, and contact information of the food recovery service or food recovery organization.
b. The types of food that will be collected by or transported to the food recovery service or food recovery organization.
c. The established frequency that food is or will be collected or self-hauled.
d. 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.
(c) Large venue or large event operators not providing food service, 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.
(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 requirements contained in food share donation regulations for schools 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 section 49580) to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend section 114079 of the California Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
(Added by Ord. No. 10729 (N.S.), effective 6-4-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) Commencing January 1, 2022, food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR section 18991.5(a)(1):
(1) The name, address, and contact information for each commercial edible food generator that the service collects edible food from.
(2) The quantity in pounds of edible food collected from each commercial edible food generator per month.
(3) The quantity in pounds of edible food transported to each food recovery organization per month.
(4) The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery.
(b) Commencing January 1, 2022, food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR section 18991.5(a)(2):
(1) The name, address, and contact information for each commercial edible food generator that the organization received edible food from.
(2) The quantity in pounds of edible food received from each commercial edible food generator per month.
(3) The name, address, and contact information for each food recovery service that the organization received edible food from for food recovery.
(c) Commencing January 1, 2022, food recovery organizations and food recovery services shall inform commercial edible food generators, from which it collects or receives edible food, about California and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement with them.
(d) Food recovery organizations and food recovery services that have their primary address physically located in the unincorporated County and contract with or have written agreements with one or more commercial edible food generators for food recovery shall submit an annual food recovery report to the County detailing the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators that they have a contract or written agreement with pursuant to 14 CRR section 18991.3(b). For food recovery services, the annual food recovery report shall include the information listed in subsection (a), with the exception that annual quantities (not monthly quantities) of edible food shall be provided for the most recently completed calendar quarter. For food recovery organizations, the annual food recovery report shall include the information listed in subsection (b), with the exception that annual quantities (not monthly) of edible food shall be provided for the most recently completed calendar quarter. The annual food recovery report shall be submitted to the Director no later than January 31 of each year with the first report due no later than January 31, 2023 reporting the required information for the previous calendar year.
(e) Food recovery services and food recovery organizations operating in the unincorporated areas of the County shall provide information and consultation to the County, upon request, to support edible food recovery capacity planning assessments or other studies that are conducted by the County or its designated entity. A food recovery service or food recovery organization shall respond to a request for information within sixty (60) days unless another timeframe is specified by the Director.
(Added by Ord. No. 10729 (N.S.), effective 6-4-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)