Sec. 14-5. Requirements for commercial edible food generators and special events.
1.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 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.
3.Commercial edible food generators shall comply with the following requirements:
a.Arrange to recover the maximum amount of edible food that would otherwise be disposed.
b.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.
c.Not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.
d.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.
e.Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
i.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).
ii.A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
iii.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; and (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.
f.Maintain records required by this section for five (5) years.
g.No later than December 31st of each year commencing no later than December 31, 2022, for tier one commercial edible food generators and December 31, 2024, for tier two commercial edible food generators, provide an annual food recovery report to the City that includes the following information:
i.The amount, in pounds, of edible food donated to a food recovery service or food recovery organization annually; and
ii.The amount, in pounds, of edible food rejected by a food recovery service or food recovery organization annually.
iii.Any additional information required by the City or its designee.
h.Nothing in this Article 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 (which added Article 13 (commencing with Section 49580) to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
4.In addition to the other requirements of this section, as applicable, special events, including but not limited to large events, that are expected to host more than 100 persons (including employees) must:
a.Supply adequate containers to allow employees, contractors, customers and guests of the special event to dispose of source separated organic materials, including food waste, in an organic materials container; source separated recyclable materials in a recyclable materials container; and solid waste in a solid waste container. The containers must:
i.Be of adequate size and number based on the quantities reasonably anticipated to be generated at the special event. Containers shall be placed in groups of at least three--one of each type of container--to provide equally convenient access to users.
ii.Bear the appropriate signage and be color coded to identify the type of discarded material to be deposited, and meet any additional design criteria as determined by the City.
b.Provide information or training for employees and contractors on how to source separate discarded materials.
c.Comply with the environmentally acceptable food packaging (Article 3 of this Chapter) and retail bag regulations (Article 4 of this Chapter) of this Code. (Ord. 3642 § 2, 2021)