(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.
(b) Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this Section, commencing January 1, 2024.
(c) Tier one and tier two commercial edible food generators shall comply with the following requirements:
(1) Arrange to recover the maximum amount of edible food that would otherwise be disposed.
(2) Use the CalRecycle Model Food Recovery Agreement or the contractual elements contained in the requirements for food recovery organizations and food recovery services section of this Chapter to contract with, or otherwise enter into a written agreement with food recovery organizations or food recovery services for:
(A) The collection of edible food for edible food recovery from the tier one or tier two commercial edible food generator's premises; or
(B) The acceptance of edible food that the tier one or tier two commercial edible food generator self-hauls to the food recovery organization.
(3) Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.
(4) Allow DEHS or its Enforcement Officer to access the premises and review records related to edible food recovery and/or provide them electronically if requested by DEHS.
(5) Keep records that include the following information:
(A) A list of each food recovery organization or a food recovery service that collects or receives edible food from the tier one or tier two commercial edible food generator pursuant to a contract or written agreement as required by this Chapter.
(B) A copy of all contracts or written agreements established under the provisions of this Chapter.
(C) A record of the following information for each of those food recovery services or food recovery organizations:
(I) The name, address and contact information of the food recovery service or food recovery organization.
(II) The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.
(III) The established schedule or frequency that food will be collected or self-hauled.
(IV) 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.
(6) Commencing no later than July 1, 2022 for tier one commercial edible food generators and July 1, 2024 for tier two commercial edible food generators, and July 1 each year therein after, they shall provide an annual edible food recovery report to County that includes, but is not limited to, the information collected in records per § 33.1504(c)(5) in addition to the following information: a list of all types of edible food categories they generate, such as "baked goods," that are not accepted by the food recovery organizations and food recovery services with whom they contract, and certification that all staff responsible for edible food recovery have obtained a valid and unexpired San Bernardino County food handler card. With the exception of the food safety and handling training certification, tier one and tier two commercial edible food generators may coordinate with their edible food recovery contractors to supply this information.
(7) Tier one and tier two commercial edible food generators who self-haul. Edible food shall require those transporting edible food for recovery to obtain a valid and unexpired San Bernardino County food handler card and follow the best practices and standards for proper temperature control, methods, and procedures for the safe handling and transport of food.
(8) Nothing in this Chapter 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.
(Ord. 4434, passed - -2022)