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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 Section 18991.3.

B. 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 organization(s) or food recovery service(s) for: (a) the collection of edible food for food recovery; or (b) 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 officer 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 food recovery organization that collects or receives the commercial edible food generator’s edible food pursuant to a contract or written agreement established in accordance with 14 CCR Section 18991.3(b).

b. A copy of all contracts or written agreements established in accordance with 14 CCR Section 18991.3(b).

c. A record of the following information for each recovery service or food recovery organization:

i. The name, address, and contact information of the food recovery service or food recovery organization.

ii. The types of edible food that will be collected by or self-hauled to the food recovery service or food recovery organization.

iii. The established frequency that edible food will be collected or self-hauled.

iv. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a service or organization for food recovery.

6. No later than December 31st of each year, provide an annual food recovery report to the city that includes the following information:

a. The amount, in pounds, of edible food donated to a food recovery service or food recovery organization annually; and

b. The amount, in pounds, of edible food rejected by a food recovery service or food recovery organization annually;

c. Any additional information required by the city manager or their designee.

C. 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.

D. 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 (approved by the Governor of the State of California on September 25, 2017, which added California Education Code Title 2, Division 4, Part 27, Chapter 9, Article 13 (commencing with Section 49580), and to amend California Health and Safety Code Section 114079, relating to food safety, as amended, supplemented, superseded and replaced from time to time). (Ord. 5076 § 17, 2022)