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(A) Tier One commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and Tier Two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR § 18991.3 or such later deadline established by state law or regulations.
(B) Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities, as defined in Cal. Health and Safety Code § 113789, operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024 or such later deadline established by state law or regulations.
(C) Commercial edible food generators shall comply with the following requirements:
(1) Arrange to safely recover for human consumption the maximum amount of edible food that would otherwise be disposed.
(2) Enter into a contract or other written agreement with food recovery organizations or food recovery services for: (i) the collection for food recovery of edible food that would otherwise be disposed; or, (ii) acceptance of edible food that would otherwise be disposed that the commercial edible food generator self-hauls to the food recovery organization for food recovery.
(3) Use best efforts to abide by all contractual or written agreement requirements specified by the food recovery organization or food recovery service on how edible food should be prepared, packaged, labeled, handled, stored, distributed or transported to the food recovery organization or service.
(4) Not intentionally donate food that has not been prepared, packaged, handled, stored and/or transported in accordance with the safety requirements of the California Retail Food Code.
(5) Not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.
(6) Allow the Enforcement Agency to review records upon request, including by providing electronic copies or allowing access to the premises.
(7) Keep records that include the following information, or as otherwise specified in 14 CCR § 18991.4:
(a) A list of each food recovery service or food recovery organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR § 18991.3(b).
(b) A copy of all contracts and written agreements established under 14 CCR § 18991.3(b) and/or this article.
(c) A record of the following information for each of those food recovery services or food recovery organizations:
1. The name, address and contact information of the food recovery service or food recovery organization.
2. The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.
3. The established frequency that food will be collected or self-hauled.
4. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.
(d) If it has not entered into a contract or written agreement with food recovery organizations or food recovery service, a record that describes: (i) its direct donation of edible food to end recipients (including employees); and/or (ii) its food waste prevention practices that result in it generating no surplus edible food that it can donate.
(8) Tier One commercial edible food generators and Tier Two commercial edible food generators shall provide, upon request, a food recovery report to the Enforcement Agency that includes the information in division (C)(7). Entities shall provide the requested information within 60 days of the request.
(D) Nothing in this article shall be construed to limit or conflict with: (1) 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; or (2) otherwise applicable food safety and handling laws and regulations.
(E) Nothing in this article prohibits a commercial edible food generator from donating edible food directly to end recipients for consumption, pursuant to Cal. Health and Safety Code § 114432(a).
(Ord. 1038, § 4, 2022)