For purposes of this Chapter 32, the following words have the following meanings:
“City” means the City and County of San Francisco.
“Commercial Business” means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit; strip mall; industrial facility; or multifamily residential dwelling that consists of five or more units.
“Commercial Edible Food Generator” means an entity other than a Food Recovery Organization or Food Recovery Service, and that is classified as either a Tier One or Tier Two Commercial Edible Food Generator, that:
(a) Disposes of Edible Food in the course of the entity’s operation of a Commercial Business;
(b) Disposes of Edible Food in the course of the entity’s operation of a Large Venue or Large Event, either directly or indirectly through a Food Facility; or
(c) Arranges for the recovery of Edible Food that would otherwise be disposed of in the course of the entity’s operation of a Commercial Business, Large Venue, or Large Event.
“Department” means the Department of the Environment.
“Director” means the Director of the Department of the Environment or the Director’s designee.
“Edible Food” means food that is intended for human consumption and that meets the food safety requirements of the California Retail Food Code.
“Food Distributor” means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores.
“Food Facility” means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, on either a permanent or temporary basis.
“Food Recovery” means actions to collect and distribute, for human consumption, food that otherwise would be disposed.
“Food Recovery Organization” means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities. A Food Recovery Organization includes, but is not limited to:
(a) A food bank, meaning a surplus food collection and distribution system operated and established to assist in bringing donated food to nonprofit charitable organizations and individuals for the purposes of reducing hunger and supplying nutritional needs, or as otherwise defined in Section 113783 of the Health and Safety Code, as may be amended from time to time;
(b) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code, as may be amended from time to time; and,
(c) A nonprofit charitable temporary Food Facility, meaning a Food Facility that is only part of and operates for the duration of an approved community event or at a swap meet, or as otherwise defined in Section 113842 of the Health and Safety Code, as may be amended from time to time.
“Food Recovery Service” means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entity for Food Recovery.
“Grocery Store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; frozen foods; and any area within the store that is not separately owned and where the food is prepared and served, including, for example, a bakery, deli, and meat and seafood departments.
“Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned or operated park, parking lot, golf course, street area, or other open space when being used for an event.
“Large Venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. A Large Venue includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other facility designed to attract large numbers of members of the public. A site under common ownership or control that includes more than one Large Venue that is contiguous with another Large Venuen1
the site, is a single Large Venue.
“Organic Waste” has the definition set forth in Section 1902 of the Environment Code, as may be amended from time to time.
“Refuse” has the definition set forth in Section 1902 of the Environment Code, as may be amended from time to time.
“Supermarket” means a full-line, self-service retail store with gross annual sales of $2,000,000 or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items.
“Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one or more of the following:
(a) Supermarket;
(b) Grocery Store with a total facility size equal to or greater than 10,000 square feet;
(c) Food Service Provider;
(d) Food Distributor; or
(e) Wholesale Food Vendor.
“Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one or more of the following:
(a) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet;
(b) Hotel with an on-site Food Facility and 200 or more guest rooms;
(c) Health care facility with an on-site Food Facility and 100 or more beds;
(d) A Large Venue;
(e) A Large Event; or
(f) A state agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.
“Wholesale Food Vendor” means a business or other establishment engaged in the wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, and prepared for distribution to a retailer, warehouse, distributor, or other destination.
(Added by Ord. 90-22, File No. 220607, App. 6/15/2022, Eff. 7/16/2022)
CODIFICATION NOTE