A. Definitions
(1) "Commercial edible food generator" includes a Tier One or a Tier Two commercial edible food generator as defined in (18) and (19) of this section 8.24.095(A).
(2) "Designee" means an entity that the City contracts with or otherwise arranges to carry out any responsibilities of this chapter. A designee may be a government entity, a hauler, a private entity, or a combination of those entities.
(3) "Edible food" means unsold or unserved food that is fit for human consumption, even though the food may not be readily marketable due to appearance, age, freshness, grade, size, surplus, or other conditions. For the purposes of this section, "edible food" is not solid waste if it is recovered and not discarded.
(4) "Food" has the same meaning as in Section 113781 of the Health and Safety Code.
(5) "Food facility" has the same meaning as in Section 113789 of the Health and Safety Code.
(6) "Food recovery" means actions to collect and distribute food for human consumption which otherwise would be disposed.
(7) "Food Recovery Organization" means an entity that primarily engages in the collection or receipt of excess edible food from edible food generators and distributes that edible food to the public for consumption, including, but not limited to:
(A) A food bank as defined in Section 113783 of the Health and Safety Code;
(B) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,
(C) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
(8) "Food Recovery Service" means a person or entity that collects and transports edible food from an edible food generator to a food recovery organization or other entities for food recovery.
(9) "Food service distributor" means 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.
(10) "Grocery store" means 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. Grocery store includes convenience stores.
(11) "Health facility" has the same meaning as in Section 1250 of the Health and Safety Code.
(12) "Hotel" has the same meaning as in Section 17210 of the Business and Professions Code.
(13) "Large Event" means 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 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.
(14) "Large Venue" means 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 of the venue facility. For purposes of this Section, 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 Section, 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.
(15) "Local education agency" means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to solid waste.
(16) "Restaurant" means an establishment primarily engaged in the retail sale of food and drinks for on premises or immediate consumption.
(17) "Supermarket" means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items.
(18) "Tier One commercial edible food generator" means 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 7,500 square feet.
(C) Food service distributor.
(D) Wholesale food market.
(19) "Tier two commercial edible food generator" means 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 onsite 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.
(F) A state agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.
(G) A Local Education Agency facility with an on-site food facility.
(20) "Wholesale food market" means a food establishment in which food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination.
B. Commercial Edible Food Generators Responsible for Compliance.
1. Tier One Commercial Edible Food Generators must comply with the requirements of this Section 8.24 commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
2. 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. 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. Contract with, or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or, (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.
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 City's designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.
5. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
a. A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
b. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
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 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.
D. Requirements for Food Recovery Organizations and Services
1. Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
a. The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food.
b. The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.
c. The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.
d. The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery.
2. Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
a. The name, address, and contact information for each Commercial Edible Food Generator from which the organization collects Edible Food.
b. The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.
c. The name, address, and contact information for each Food Recovery Service that the organization transports Edible Food to for Food Recovery.
3. Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the City the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than March 31st of every calendar year.
4. Food Recovery Capacity Planning
a. Food Recovery Services and Food Recovery Organizations. In order to support Edible Food Recovery capacity planning assessments or other studies conducted by the County of San Bernardino, City, or other regional agencies that provide solid waste collection services, or its designated entity, Food Recovery Services and Food Recovery Organizations operating in the City shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the City and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the City or its franchise hauler shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the City."
(Ord. MC-1566, 12-01-21)