(a) Compliance Date. Tier One Commercial Edible Food Generators must comply with the requirements of this Section 3203 commencing on the effective date of this1
the effective date of the ordinance in Board File No. 220607, establishing this Chapter 32, and Tier Two Commercial Edible Food Generators must comply with the requirements of this Section 3203 commencing January 1, 2024. Large Venue and Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at such Large Venues and Large Events to comply with the requirements of this Section 3203 commencing January 1, 2024.
(b) Prohibition on Intentional Spoilage. Commercial Edible Food Generators shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.
(c) Recovery Requirements. Commercial Edible Food Generators shall do the following:
(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, as applicable, for: (A) the collection of Edible Food for Food Recovery; or, (B) acceptance of the Edible Food that the Commercial Edible Food Generator transports to the Food Recovery Organization for Food Recovery.
(d) Recordkeeping Requirements. Commercial Edible Food Generators shall keep records that include the following information:
(1) A list of each Food Recovery Service and Food Recovery Organization that collects or receives Edible Food from that Commercial Edible Food Generator.
(2) A copy of all written agreements with Food Recovery Services and Food Recovery Organizations that collect or receive Edible Food from that Commercial Edible Food Generator.
(3) A record of the following information for each Food Recovery Service or Food Recovery Organization that collects or receives Edible Food from that Commercial Edible Food Generator:
(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 frequency with which food will be collected or transported.
(D) The quantity of food, measured in pounds recovered per month, collected or transported to a Food Recovery Service or Food Recovery Organization for Food Recovery.
(e) Inspection Requirement. Commercial Edible Food Generators shall allow the Department to access the premises and review the records required in subsection (d).
(f) Nothing in this Chapter 32 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 pursuant to Senate Bill 557 of 2017.
(Added by Ord. 90-22, File No. 220607, App. 6/15/2022, Eff. 7/16/2022)
CODIFICATION NOTE