(a) Food Recovery Services operating in the County and collecting or receiving Edible Food directly from Tier One and/or Tier Two Commercial Edible Food Generators via a contract or written agreement established under the requirements of this Chapter, shall maintain the following records:
(1) The name, address, and contact information for each Tier One and Tier Two Commercial Edible Food Generator from which the service Collects Edible Food.
(2) The quantity in pounds of Edible Food by type collected from each Tier One and Tier Two Commercial Edible Food Generator per month.
(3) The quantity in pounds of Edible Food by type transported to each Food Recovery Organization or redistribution site per month.
(4) The name, address, and contact information for each food recovery organization or redistribution site that the food recovery service transports edible food to for edible food recovery.
(b) Commencing no later than July 1, 2022, food recovery organizations and food recovery services operating in the county and collecting or receiving edible food from tier one and tier two commercial edible food generators or any other source shall report to County the following: a detailed Edible Food activity report of the information collected as required under this Chapter, including information collected in records per § 33.1505(a) in addition to a brief analysis of any necessary process improvements or additional infrastructure needed to support edible food recovery efforts, such as training, staffing, refrigeration, vehicles, etc., and an up to date list of tier one and tier two commercial edible food generators with whom they have contracts or agreements established as required under this Chapter. This edible food activity report shall be submitted quarterly, or at the discretion of DEHS or its Enforcement Officer, and shall cover the activity that occurred since the period of the last submission.
(c) In order to provide the required records to the State, the County, and tier one or tier two commercial edible food generators, contracts between food recovery organizations and food recovery services and tier one and tier two commercial edible food generators shall include the following elements:
(1) List/description of allowable foods the food recovery organization/food recovery service will receive.
(2) List/description of foods not accepted by the food recovery organization/food recovery service.
(3) Conditions for refusal of food.
(4) Food safety requirements, training, and protocols.
(5) Transportation and storage requirements and training.
(6) A protocol for informing the tier one or tier two commercial edible food generators of a missed or delayed pickup.
(7) Notice that donation dumping is prohibited.
(8) Provisions to collect sufficient information to meet the record-keeping requirements of this Chapter.
(9) Fees/financial contributions/acknowledgment of terms for the pickup and redistribution of edible food.
(10) Terms and conditions consistent with the CalRecycle Model Food Recovery Agreement.
(11) Information supplying the tier one or tier two commercial edible food generators with the annual amount of edible food recovered.
(12) Contact name, address, phone number, and email for both responsible parties, including the current on-site staff responsible for edible food recovery.
(13) Food recovery organizations accepting self-hauling of edible food from tier one and tier two commercial edible food generators must provide a schedule, including days of the week and acceptable times for drop-offs, and information about any limitation on the amount of food accepted, and/or the packaging requirements or other conditions of transport, such as, but not limited to, maintaining proper temperature control, and other requirements for the safe handling and transport of food, the self- hauler must follow for the edible food to be accepted.
(d) Food recovery organizations and food recovery services operating in the County shall use the appropriate temperature control equipment and methods and maintain the required temperatures for the safe handling of edible food recovered from tier one and tier two commercial edible food generators for the duration of the transportation of the edible food for redistribution, including edible food transported by private vehicles.
(e) In order to ensure recovered edible food is eaten and to prevent donation dumping, food recovery organizations and food recovery services operating in the County shall provide documentation that all redistribution sites which are not themselves food recovery organizations to which they deliver edible food have a feeding or redistribution program in place to distribute, within a reasonable time, all the edible food they receive. Such documentation may include a website address which explains the program or pamphlets/brochures prepared by the redistribution site.
(f) Food recovery organizations and food recovery services operating in the county shall visually inspect all edible food recovered or received from a tier one and tier two commercial edible food generator. If significant spoilage is found, or if the food is otherwise found to be unfit for redistribution for human consumption, food recovery organizations and food recovery services shall immediately notify the County using the process found on the San Bernardino County's DEHS website. The notice shall include:
(1) The type and amount, in pounds, of spoiled food or food unfit for redistribution for human consumption, or provide a photographic record of the food, or both.
(2) The date and time such food was identified.
(3) The name, address and contact information for the tier one or tier two commercial edible food generator which provided the food.
(4) The date and time the food was picked up or received.
(5) A brief explanation of why the food was rejected or refused.
(g) Contracts between tier one or tier two commercial edible food generators and food recovery organizations or food recovery services shall not include any language prohibiting tier one or tier two commercial edible food generators from contracting or holding agreements with multiple food recovery organizations or food recovery services.
(h) Allow DEHS or its Enforcement Officer for edible food recovery to access the premises and inspect procedures and review records related to edible food recovery and/or provide them electronically if requested by the County.
(Ord. 4434, passed - -2022)