The following definitions govern the use of terms in this article:
CALIFORNIA CODE OF REGULATIONS or CCR. The State of California Code of Regulations. CCR references in this article are preceded with a number that refers to the relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).
CALRECYCLE. California's Department of Resources Recycling and Recovery, which is the state agency designated with responsibility for developing, implementing, and enforcing the SB 1383 Regulations.
COMMERCIAL EDIBLE FOOD GENERATOR. Includes a Tier One or a Tier Two commercial edible food generator as defined herein or as otherwise defined in 14 CCR § 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not COMMERCIAL EDIBLE FOOD GENERATORS pursuant to 14 CCR § 18982(a)(7).
COUNTY. The County of San Benito.
DESIGNATED ENTITY. An entity that the County of San Benito contracts with or otherwise arranges to carry out any of the county's responsibilities of this article as authorized in 14 CCR § 18981.2. A DESIGNATED ENTITY may be a government entity, a private entity, or a combination of those entities.
DESIGNEE. A staff person that the County of San Benito assigns to carry out any of the county's responsibilities of this article.
EDIBLE FOOD. Food intended for human consumption, or as otherwise defined in 14 CCR § 18982(a)(18). For the purposes of this article or as otherwise defined in 14 CCR § 18982(a)(18), EDIBLE FOOD is not solid waste if it is recovered and not discarded. Nothing in this article or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code, as codified in the Cal. Health and Safety Code §§ 113700 et seq.
ENFORCEMENT ACTION. An action of the relevant Enforcement Agency to address non-compliance with this article including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
ENFORCEMENT AGENCY. An entity with the authority to enforce part or all of this article as specified herein. Employees and agents of an Enforcement Agency may carry out inspections and enforcement activities pursuant to this article. Nothing in this article authorizing an entity to enforce its terms shall require that entity to undertake such enforcement except as agreed to by that entity. The County of San Benito is an ENFORCEMENT AGENCY for purposes of enforcing this article. Other public entities may be designated by the county to serve as an Enforcement Agency for the county.
ENFORCEMENT OFFICER. The County Administrative Officer of the County of San Benito or designee.
FOOD DISTRIBUTOR. A company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR § 18982(a)(22).
FOOD FACILITY. Has the same meaning as in Cal. Health and Safety Code § 113789.
FOOD RECOVERY. Actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR § 18982(a)(24).
FOOD RECOVERY ORGANIZATION.
(1) 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 or as otherwise defined in 14 CCR § 18982(a)(25), including, but not limited to:
(a) A food bank as defined in the Cal. Health and Safety Code § 113783;
(b) A nonprofit charitable organization as defined in Cal. Health and Safety Code § 113841; and
(c) A nonprofit charitable temporary food facility as defined in Cal. Health and Safety Code § 113842.
(2) A FOOD RECOVERY ORGANIZATION is not a commercial edible food generator for the purposes of this article and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR § 18982(a)(7). If the definition in 14 CCR § 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR § 18982(a)(25) shall apply to this article.
FOOD RECOVERY SERVICE. A person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR § 18982(a)(26). A FOOD RECOVERY SERVICE is not a commercial edible food generator for the purposes of this article and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR § 18982(a)(7).
FOOD SCRAPS. All edible or inedible food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, coffee grounds, and eggshells. FOOD SCRAPS excludes fats, oils, and grease when such materials are source separated from other food scraps.
FOOD SERVICE PROVIDER. An entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR § 18982(a)(27).
GROCERY STORE. A store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR § 18982(a)(30).
HEALTH FACILITY. Has the same meaning as in Cal. Health and Safety Code § 1250.
INSPECTION. An Enforcement Agency's electronic or on-site review of records, containers, and an entity's collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this article, or as otherwise defined in 14 CCR § 18982(a)(35).
LARGE EVENT. An event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, 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 park, parking lot, golf course, street system or other open space when being used for an event. If the definition in 14 CCR § 18982(a)(38) differs from this definition, the definition in 14 CCR § 18982(a)(38) shall apply to this article. For the purposes of this definition of LARGE EVENT, "local agency" means all public agencies except those that are not subject to the regulatory authority of the jurisdiction.
LARGE VENUE. 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. For purposes of this article and implementation of 14 CCR, Division 7, Chapter 12, a venue facility 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 public attraction facility. For purposes of this article and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single LARGE VENUE. If the definition in 14 CCR § 18982(a)(39) differs from this definition, the definition in 14 CCR § 18982(a)(39) shall apply to this article.
NOTICE OF VIOLATION. A notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise
defined in 14 CCR § 18982(a)(45) or further explained in 14 CCR § 18995.4.
RESTAURANT. An establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR § 18982(a)(64).
SB 1383. means Senate Bill 1383 of 2016, the Short-Lived Climate Pollutant Reduction Act of 2016.
SB 1383 REGULATIONS. The Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
SUPERMARKET. 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, or as otherwise defined in 14 CCR § 18982(a)(71).
TIER ONE COMMERCIAL EDIBLE FOOD GENERATOR.
(1) A commercial edible food generator that is one 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.
(e) Wholesale food vendor.
(2) If the definition in 14 CCR § 18982(a)(73) of TIER ONE COMMERCIAL EDIBLE FOOD GENERATOR differs from this definition, the definition in 14 CCR § 18982(a)(73) shall apply to this article.
TIER TWO COMMERCIAL EDIBLE FOOD GENERATOR.
(1) A commercial edible food generator that is one 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 rooms.
(c) Health facility with an on-site food facility and 100 or more beds.
(d) Large venue.
(e) Large event.
(2) If the definition in 14 CCR § 18982(a)(74) of TIER TWO COMMERCIAL EDIBLE FOOD GENERATOR differs from this definition as to entities subject to the regulatory authority of a jurisdiction, the definition in 14 CCR § 18982(a)(74) shall apply to this article.
WHOLESALE FOOD VENDOR. A business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR § 18982(a)(76).
(Ord. 1038, § 3, 2022)