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(a) Beginning 180 days after enactment of this Chapter 27 and annually thereafter, each Grocer shall report to the Department on a form prescribed by the Director the Antibiotic Use Policy for each Product Group sold in the City during the previous year. The form shall require reporting of information including, but not limited to, the different purposes for which antibiotics are used, whether the use has a Third-Party Certification, the number of animals raised, and the total volume of antibiotics administered. The reporting shall distinguish between use of Medically Important Antibiotics, and Antibiotics Not Currently Medically Important. If there is no change to the Antibiotic Use Policy information from the previous year for a Product Group, the Grocer may report that fact in its response on the Department’s form. A Grocer shall fill out a separate form for each distinct retail banner operated and/or owned by the Grocer.
(b) Upon a written petition from a Grocer showing, based on substantial evidence, that the reporting of certain required information is not feasible without significant hardship, the Director may exercise reasonable discretion to waive reporting of the relevant information for a period of time specified by the Director. Any waiver shall be crafted as narrowly as possible, to maximize disclosure as required by this Chapter 27. If a petition is granted, in responding to the form for the relevant Product Group, the Grocer shall indicate that it has a waiver for the relevant portions of the form. All petitions the Department receives shall be publicly posted on the Department’s website for a minimum of 30 days. The Department shall, during a designated comment period, receive and post on its website written comments from the public for the Director to take under advisement in ruling on each petition. Where a written petition receives no response from the Director within 60 days, the petition shall be deemed approved to grant a waiver for one year. Once each year, the Director shall provide an opportunity for input on the petition review and approval process at a public meeting, and shall respond to the public input on each waiver for which concerns are raised.
(c) Grocery stores and butchers that do not meet the definition of “Grocer” may elect to participate in the reporting process set forth in this Section 2703, and the Department shall encourage such participation.
(d) Five years from enactment of this Chapter, the Director shall evaluate whether the reporting program continues to provide useful information to the public and shall submit a written report based on the evaluation to the Mayor and the Board of Supervisors, with recommendations, if any, for changes to City laws or programs.
(e) Each Grocer shall retain documentation of the Antibiotic Use Policy for each Product Group sold in its stores. The following shall be sufficient documentation:
(1) A written statement from the Producer of each Product Group that provides information sufficient to address the queries in the Department’s form;
(2) A Third-Party Certification that confirms the Producer’s responses to the Department’s form; and/or
(3) A store-wide Antibiotic Use Policy that applies to all Meat and Poultry products sold in the store, or that applies to all products in a particular category of Meat or Poultry sold in the store, such as chicken, turkey, pork, or beef; and the process, in writing, by which the Grocer enforces this policy, including any Third-Party Certifications used, written statements from Producers, purchasing specifications, or equivalent information that demonstrates enforcement of the store-wide policy.
For a Product Group for which there has been no change to the Antibiotic Use Policy from the previous year, the Grocer shall retain documentation establishing that there has been no change.
(Added by Ord. 204-17, File No. 170763, App. 10/24/2017, Eff. 11/23/2017)
The Department shall analyze the antibiotic use reports collected pursuant to Section 2703, to educate the public about the Antibiotic Use Policies associated with different Meat and Poultry Product Groups and their availability in different grocery stores, distinguish between Medically Important Antibiotics and Antibiotics Not Currently Medically Important, and inform the public’s purchasing decisions. The Department shall publish its findings on its website, and may disseminate its findings through other means it deems appropriate.
(Added by Ord. 204-17, File No. 170763, App. 10/24/2017, Eff. 11/23/2017)
(a) The Director shall administer and enforce this Chapter 27.
(b) If the Director determines that a Grocer has violated this Chapter 27 or a regulation adopted pursuant thereto, the Director shall send a written warning, as well as a copy of this Chapter and any regulations adopted pursuant thereto, to the Grocer, specifying the violation. The Grocer shall have 30 days after receipt of the warning to correct the violation.
(c) If, after having received a warning in accordance with subsection (b), the Grocer fails to correct the noticed violation within 30 days after receipt of the warning, the Director may impose administrative penalties, including fines for violations of this Chapter 27 and/or of any regulation adopted pursuant thereto, and/or suspension or revocation of any permits held. Administrative Code Chapter 100, “Procedures Governing the Imposition of Administrative Fines,” as amended, is hereby incorporated in its entirety and shall govern the imposition, enforcement, collection, and review of administrative fines imposed to enforce this Chapter or any rule or regulation adopted pursuant to this Chapter. Each day a Grocer fails to correct a violation shall constitute a separate violation for these purposes. Grocers and Producers shall be jointly and severally liable for delays in submitting required reports and for false statements made in reports to the Director or in the documentation required to comply with this Chapter.
(d) The City Attorney, a Grocer, or any organization with tax exempt status under 26 United States Code Section 501(c)(3) or 501(c)(4) and with a primary mission of protecting human health and/or the environment in the San Francisco Bay Area, may bring a civil action to enjoin violations of or compel compliance with any requirement of this Chapter 27 or any rule or regulation adopted pursuant to this Chapter, as well as for payment of civil penalties and any other appropriate remedy. The court shall award reasonable attorney fees and costs to the City Attorney, Grocer, or non-profit that is the prevailing party in a civil action brought under this subsection (d). A Grocer or non-profit may institute a civil action under this subsection (d) only if:
(1) The Grocer or non-profit has filed a complaint with the Director containing sufficient information for the Director to assess its accuracy;
(2) 90 days have passed since the filing of the complaint without the Director issuing a warning or otherwise initiating remedial action;
(3) After the 90-day period referenced in subsection (d)(2) has passed, the Grocer or non-profit has provided 30-day written notice to the Director and the City Attorney’s Office of its intent to initiate civil proceedings;
(4) By the end of the 30-day period referenced in subsection (d)(3), the City Attorney’s Office has not provided notice to the Grocer or non-profit of the City’s intent to initiate civil proceedings; and,
(5) The Grocer or non-profit has executed an agreement indemnifying and holding harmless the City in connection with the action, in a form approved by the City Attorney’s Office.
(e) Any Grocer who knowingly and willfully violates the requirements of this Chapter 27 or any rule or regulation adopted pursuant to this Chapter is guilty of a misdemeanor and upon conviction thereof is punishable by a fine of not less than $50 and not more than $500 for each day per violation, or by imprisonment in the County Jail for a period not to exceed six months, or by both such fine and imprisonment.
(f) Any Grocer in violation of this Chapter 27 or any rule or regulation adopted pursuant to this Chapter shall be liable to the City for a civil penalty in an amount not to exceed $1,000 per day per violation. Each day in which the violation continues shall constitute a separate violation. A civil penalty shall not be assessed pursuant to this subsection (f) for the same violation for which the Director assessed an administrative penalty pursuant to subsection (c).
(g) In determining the appropriate penalties, the court or the Director shall consider the extent of harm caused by the violation, the nature and persistence of the violation, the frequency of past violations, any action taken to mitigate the violation, and the financial burden to the violator.
(h) No criminal, civil, or administrative action under this Section 2705 may be brought more than four years after the date of the alleged violation, except where evidence of the violation has been hidden or was otherwise unavailable in the exercise of reasonable diligence.
(Added by Ord. 204-17, File No. 170763, App. 10/24/2017, Eff. 11/23/2017)
(a) No later than 90 days after enactment of this Chapter 27, all City departments procuring Raw Meat and/or Poultry shall both conduct an audit of their Meat and Poultry purchases in the previous calendar year and submit a report to the Department of the Environment with the following information:
(1) Percentages of Meat and Poultry procured that were produced with and without the Routine Use of Antibiotics, distinguishing between Meat and Poultry raised without any Antibiotics and Meat and Poultry raised without Routine Use of Medically Important Antibiotics whenever feasible;
(2) A list of current suppliers, and whether those suppliers currently offer Meat and/or Poultry raised without the Routine Use of Antibiotics, distinguishing between Meat and/or Poultry raised without any Antibiotics and Meat and/or Poultry raised without Routine Use of Medically Important Antibiotics, and whether the suppliers could cease Routine Use of Medically Important Antibiotics within three years’ time;
(3) The estimated cost of obtaining Meat and/or Poultry raised without the Routine Use of Antibiotics, distinguishing between Meat and/or Poultry raised without any Antibiotics and Meat and/or Poultry raised without Routine Use of Medically Important Antibiotics; and
(4) The expected timeline if the department were to transition to procurement of only Meat and/or Poultry raised without the Routine Use of Medically Important Antibiotics.
(b) No later than 180 days after enactment of this Chapter 27, the Department of the Environment shall compile the departmental reports required by this Section 2706 and publish an analysis regarding opportunities for and feasibility of a City-wide procurement policy for Meat and Poultry raised without the Routine Use of Medically Important Antibiotics. The Department shall submit a copy of its analysis to the Board of Supervisors and the Mayor.
(Added by Ord. 204-17, File No. 170763, App. 10/24/2017, Eff. 11/23/2017)
(a) The Director, after a public hearing, shall adopt and may amend guidelines, rules, regulations, and/or forms as the Director deems necessary to implement this Chapter 27.
(b) No later than 90 days after enactment of this Chapter 27, the Department shall issue regulations specifying the contents and format for the form required by Section 2703.
(Added by Ord. 204-17, File No. 170763, App. 10/24/2017, Eff. 11/23/2017)
In enacting and implementing this Chapter 27, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
(Added by Ord. 204-17, File No. 170763, App. 10/24/2017, Eff. 11/23/2017)
If any section, subsection, sentence, clause, phrase, or word of this Chapter 27, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of the chapter. The Board of Supervisors hereby declares that it would have passed this chapter and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this chapter or application thereof would be subsequently declared invalid or unconstitutional.
(Added by Ord. 204-17, File No. 170763, App. 10/24/2017, Eff. 11/23/2017)