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(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
(a) Recordkeeping Requirements for Food Recovery Organizations. Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators via a written agreement consistent with Section 3203(c)(2) shall maintain the following records:
(1) The name, address, and contact information for each Commercial Edible Food Generator from which the Food Recovery Organization receives Edible Food.
(2) The quantity in pounds of Edible Food the Food Recovery Organization receives from each Commercial Edible Food Generator per month.
(3) The name, address, and contact information for each Food Recovery Service from which the Food Recovery Organization receives Edible Food for Food Recovery.
(b) Recordkeeping Requirements for Food Recovery Services. Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators via a written agreement consistent with Section 3203(c)(2) shall maintain the following records:
(1) The name, address, and contact information for each Commercial Edible Food Generator from which the Food Recovery Service collects Edible Food.
(2) The quantity in pounds of Edible Food the Food Recovery Service collects from each Commercial Edible Food Generator per month.
(3) The quantity in pounds of Edible Food the Food Recovery Service transports to each Food Recovery Organization per month.
(4) The name, address, and contact information for each Food Recovery Organization to which the Food Recovery Service transports Edible Food for Food Recovery.
(c) Reporting Requirements for Food Recovery Organizations and Food Recovery Services. Food Recovery Organizations and Food Recovery Services that have written agreements with one or more Commercial Edible Food Generators consistent with Section 3203(c)(2) shall report to the Department the total pounds of Edible Food recovered in the previous calendar year no later than March 1 of each year.
(d) Food Recovery Capacity Planning. Food Recovery Services and Food Recovery Organizations shall provide information and consultation to the Department regarding existing, or proposed new or expanded, Food Recovery capacity, within 60 days after receipt of a request from the Department.
(Added by Ord. 90-22, File No. 220607, App. 6/15/2022, Eff. 7/16/2022)
This Chapter 32 shall be administered and enforced by the Department. The Director may adopt regulations, guidelines, and forms to carry out the provisions and purposes of this Chapter.
(Added by Ord. 90-22, File No. 220607, App. 6/15/2022, Eff. 7/16/2022)
(a) The Director shall administer all provisions of this Chapter 32 and may enforce those provisions by any lawful means available for such purpose, including through imposition of administrative penalties for violations of those provisions of this Chapter, or of rules and regulations adopted pursuant to this Chapter, except as otherwise provided in this Chapter.
(b) To the extent permitted by law, the Director may inspect any Food Recovery Organization, Food Recovery Service, and Commercial Edible Food Generator, and records related to their operations, to enforce this Chapter 32.
(c) 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 citations and penalties issued to enforce this Chapter 32, and any rule or regulation adopted pursuant to this Chapter; provided, however, that:
(1) The fine for a violator’s first violation at a dwelling or commercial property that generates less than one cubic yard of refuse per week may not exceed $100;
(2) Each day of continued noncompliance constitutes a separate violation.
(3) The Director may hold imposed administrative penalties in partial or complete abeyance, pending completion of ordered remedial steps or based on other conditions, in accordance with the Director’s lawful discretion and in furtherance of the objectives of this Chapter 32. A Food Recovery Organization, Food Recovery Service, or Commercial Edible Food Generator that is a City-owned or operated facility is not subject to administrative penalties under this Section 3206(c); and
(4) In any action where a violation is found, the Director may assess the Department’s costs of enforcement and attorneys’ fees against the violator.
(d) The Department shall use administrative penalties collected under this Chapter 32, including recovery of enforcement costs, to fund implementation and enforcement of this Chapter. If the Director determines that administrative penalties and enforcement costs collected under this Chapter 32 exceed the amount needed by the Department to fund implementation and enforcement of this Chapter, the Director may use any excess funds to support other work of the Department.
(e) Remedies under this Chapter 32 are in addition to and do not supersede or limit any and all other remedies, civil or criminal.
(Added by Ord. 90-22, File No. 220607, App. 6/15/2022, Eff. 7/16/2022)
Nothing in this Chapter 32 shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or state law.
(Added by Ord. 90-22, File No. 220607, App. 6/15/2022, Eff. 7/16/2022)