8.25.060 Commercial edible food generator requirements.
A. Tier One Commercial Edible Food Generators must comply with the requirements of 14 CCR Section 18991.3 commencing on the date provided by the Act. Tier Two Commercial Edible Food Generators must comply with the requirements of 14 CCR Section 18991.3 commencing January 1, 2024, 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 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: (a) the collection for Food Recovery of Edible Food that would otherwise be disposed; or (b) 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 Organizations or Food Recovery Services on how Edible Food should be prepared, packaged, labeled, handled, stored, distributed, or transported to the Food Recovery Organizations or Food Recovery Services.
4. Not intentionally donate food that has not been prepared, packaged, handled, stored 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 City or an Enforcement Agent to review records upon request, including by providing electronic copies or allowing access to the premises or property.
7. 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.
8. If it has not entered into a contract or written agreement with Food Recovery Organizations or Food Recovery Services, a record that describes:
a. Its direct donation of Edible Food to end recipients (including employees); or
b. Its Food Waste prevention practices that result in it generating no surplus Edible Food that it can donate.
D. Nothing in this chapter 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 chapter prohibits a Commercial Edible Food Generator from donating Edible Food directly to end recipients for consumption, pursuant to Section 114432(a) of the Health and Safety Code. (Ord. 3523 § 2, 2022; Ord. 3105 § 1, 2008; Ord. 2992 § 1, 2005; Ord. 2740 § 3, 1998; Ord. 2492 § 1, 1992).