Chapter 8.58
EDIBLE FOOD WASTE RECOVERY
Sections:
8.58.030 Requirements for commercial edible food generators.
8.58.040 Recordkeeping requirements for commercial edible food generators.
8.58.050 Recordkeeping requirements for food recovery services and organizations.
8.58.060 Edible food recovery capacity planning requirements.
8.58.070 Timeline to initiate local inspection and enforcement activities.
8.58.080 Investigation of complaints of alleged violations of this chapter.
8.58.090 Enforcement of violations of this chapter (beginning January 1, 2024).
8.58.000 Title.
This chapter may be cited as the edible food waste recovery ordinance. (Ord. 748 § 1, 2022)
8.58.010 Purpose.
A. SB 1383, the Short-Lived Climate Pollutant Reduction Act of 2016, required CalRecycle to develop regulations to reduce organics in landfills as a source of methane, including but not limited to regulations requiring local governments, commercial edible food generators, food recovery organizations, and food recovery services to support achievement of the state’s organic waste disposal reduction targets.
B. SB 1383, the Short-Lived Climate Pollutant Reduction Act of 2016, codified as Chapter 12 of Division 7 of Title 14 of the California Code of Regulations, requires local governments to adopt and enforce an ordinance or enforceable mechanism to implement provisions of SB 1383 regulations applicable to their jurisdiction. This chapter requires commercial edible food generators, as defined by state law, to arrange to have the maximum amount of edible food that would otherwise be disposed be recovered for human consumption.
C. SB 1383, the Short-Lived Climate Pollutant Reduction Act of 2016, also requires local governments to provide education and outreach information concerning the edible food recovery program, to engage in edible food recovery capacity planning, to develop a mechanism for inspections and enforcement, and to comply with CalRecycle’s record keeping and reporting requirements. (Ord. 748 § 1, 2022)
8.58.020 Definitions.
The following definitions derive largely from 14 CCR Section 18982, and, to the extent 14 CCR Section 18982 is later modified, such modifications shall automatically modify the language of the following:
A. “CalRecycle” means California’s Department of Resources Recycling and Recovery, which is the state department responsible for developing, implementing, and enforcing local government implementation of SB 1383 regulations, which are located in Chapter 12 of Division 7 of Title 14 of the California Code of Regulations.
B. “California Code of Regulations” or “CCR” means the state of California Code of Regulations. CCR references in this chapter are preceded with a number that refers to the relevant title of the CCR (e.g., “14 CCR” refers to Title 14 of the CCR).
C. “Commercial edible food generator” includes a tier one or a tier two commercial edible food generator as defined in 14 CCR Sections 18982(a)(73) and (a)(74). For the purposes of the SB 1383 regulations and this chapter, food recovery organizations and food recovery services are not commercial edible food generators.
D. “County” means the county of Alpine.
E. “Edible food” means food intended for human consumption. For the purposes of the SB 1383 regulations and this chapter, edible food is not solid waste if it is recovered and not discarded. Nothing in the SB 1383 regulations or this chapter requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.
F. “Enforcement action” means an action of the county to address noncompliance with this chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
G. “Enforcement official” means the community development department, the integrated waste management division, or their authorized designee(s) who is/are partially or wholly responsible for enforcing this chapter.
H. “Food” has the same meaning as in Section 113781 of the Health and Safety Code, meaning a raw, cooked, or processed edible substance, ice, beverage, an ingredient used or intended for use or for sale in whole or in part for human consumption, and chewing gum.
I. “Food distributor” means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores.
J. “Food facility” means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level as defined in Section 113789 of the Health and Safety Code.
K. “Food recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed.
L. “Food recovery organization” means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities, including, but not limited to:
1. A food bank as defined in Section 113783 of the Health and Safety Code;
2. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and
3. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
M. “Food recovery service” means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery.
N. “Food service provider” 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.
O. “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.
P. “Hotel” has the same meaning as in Section 17210 of the Business and Professions Code.
Q. “Inspection” means a site visit where the local jurisdiction or the state reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with the requirements set forth in state regulations and applied locally through this chapter.
R. “Jurisdiction” means a city, county, a special district that provides solid waste collection services, or a joint powers authority that complies with 14 CCR, Division 7, Chapter 12.
S. “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 two thousand individuals per day of operation of the event, at a location that includes, but is 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.
T. “Large venue” means a permanent venue facility that annually seats or serves an average of more than two thousand individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter implementing of 14 CCR, Division 7, Chapter 12, 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 chapter implementing 14 CCR, Division 7, Chapter 12, 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.
U. “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.
V. “Notice of violation (NOV)” means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties.
W. “Notice and order to correct (NOTC)” means a notice that a violation has occurred and that failure to correct the violation may result in a penalty.
X. “Person” has the same meaning as in Section 40170 of the Public Resources Code.
Y. “Property owner” means the owner of real property.
Z. “Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption.
AA. “SB 1383” means Senate Bill 1383 of 2016 approved by the governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.
BB. “SB 1383 regulations” means or refers to, for the purposes of this chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction Regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
CC. “Special district” has the same meaning as Section 41821.2 of the Public Resources Code.
DD. “State” means the state of California.
EE. “Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items.
FF. “Tier one commercial edible food generator” means a commercial edible food generator that is one of the following:
1. Supermarket.
2. Grocery store with a total facility size equal to or greater than ten thousand square feet.
3. Food service provider.
4. Food distributor.
5. Wholesale food vendor.
GG. “Tier two commercial edible food generator” means a commercial edible food generator that is one of the following:
1. Restaurant with two hundred fifty or more seats, or a total facility size equal to or greater than five thousand square feet.
2. Hotel with an on-site food facility and two hundred or more rooms.
3. Health facility with an on-site food facility and one hundred or more beds.
4. Large venue.
5. Large event.
6. A state agency with a cafeteria with two hundred fifty or more seats or a total cafeteria facility size equal to or greater than five thousand square feet.
7. A local education agency facility with an on-site food facility.
HH. “Wholesale food vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination. (Ord. 748 § 1, 2022)
8.58.030 Requirements for commercial edible food generators.
A. Tier one commercial edible food generators shall comply with the requirements of this section immediately. Tier two commercial edible food generators shall comply with the requirements of this section commencing January 1, 2024.
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 by entering into a contract or written agreement with any or all of the following:
a. Food recovery organizations or services that will collect their edible food for food recovery.
b. Food recovery organizations that will accept the edible food the commercial edible food generator self-hauls to the food recovery organization for food recovery.
2. A large venue or large event operator that does not provide food services, but allows for food to be provided, shall require food facilities operating at the large venue or large event to comply with the requirements of this section.
3. Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.
C. A commercial edible food generator shall comply with the requirements of this section unless the commercial edible food generator demonstrates the existence of extraordinary circumstances beyond its control that make such compliance impracticable. If an enforcement action is commenced against a commercial edible food generator for noncompliance, the burden of proof shall be upon the commercial edible food generator to demonstrate extraordinary circumstances. For the purposes of this section, “extraordinary circumstances” are:
1. A failure by the jurisdiction to increase edible food recovery capacity as required in Section 18991.1 of the SB 1383 regulations.
2. Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters. (Ord. 748 § 1, 2022)
8.58.040 Recordkeeping requirements for commercial edible food generators.
A. A commercial edible food generator subject to the requirements of this chapter shall keep a record that includes the following:
1. 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 Section 8.58.030.
2. A copy of contracts or written agreements between the commercial edible food generator and a food recovery service or organization.
3. A record of the following for each food recovery organization or service that the commercial edible food generator has a contract or written agreement with pursuant to Section 18991.3(b) of the SB 1383 regulations:
a. The name, address and contact information of the service or organization.
b. The types of food that will be collected by or self-hauled to the service or organization.
c. The established frequency that food will be collected or self-hauled.
d. The quantity of food collected or self-hauled to a service or organization for food recovery. The quantity shall be measured in pounds recovered per month.
B. The enforcement official shall be granted access to the premises of a commercial edible food generator during all business hours, and the records kept by such generators pursuant to this section shall be provided to the enforcement official upon request. Failure to provide or arrange for access to an entity’s premises or to provide access to records is a violation of this chapter and may result in penalties described in Section 8.58.090. (Ord. 748 § 1, 2022)
8.58.050 Recordkeeping requirements for food recovery services and organizations.
A. A food recovery service shall maintain a record of:
1. The name, address and contact information for each commercial edible food generator that the service collects edible food from.
2. The quantity in pounds of edible food collected from each commercial edible food generator per month.
3. The quantity in pounds of edible food transported to each food recovery organization per month.
4. The name, address and contact information for each food recovery organization that the service transports edible food to for food recovery.
B. A food recovery organization shall maintain a record of:
1. The name, address and contact information for each commercial edible food generator that the organization receives edible food from.
2. The quantity in pounds of edible food received from each commercial edible food generator per month.
3. The name, address and contact information for each food recovery service that the organization receives edible food from for food recovery.
C. The enforcement official shall be granted access to the premises of a food recovery service or organization during all business hours, and the records kept by such service or organization pursuant to this section shall be provided to the enforcement official upon request. Failure to provide or arrange for access to an entity’s premises or to provide access to records is a violation of this chapter and may result in penalties described in Section 8.58.090. (Ord. 748 § 1, 2022)
8.58.060 Edible food recovery capacity planning requirements.
A. To support the county’s mandatory edible food recovery capacity planning obligations to the state, food recovery services and organizations are required under SB 1383 regulations and this chapter to consult with the jurisdiction about their existing and/or proposed future capacity available to commercial edible food generators located within the county.
B. Food recovery services and organizations shall respond to a county representative or enforcement official within sixty days of being contacted regarding their existing and/or proposed edible food recovery capacity. (Ord. 748 § 1, 2022)
8.58.070 Timeline to initiate local inspection and enforcement activities.
A. The county or its designee is required under SB 1383 regulations to begin conducting inspections of tier one commercial edible food generators and food recovery services and organizations for compliance with this chapter beginning January 1, 2022.
B. The county or its designee is required under SB 1383 regulations to begin conducting inspections of tier two commercial edible food generators for compliance with this chapter beginning January 1, 2024.
C. The county or its designee is required under SB 1383 regulations to begin investigating complaints of violations of this chapter beginning January 1, 2022.
D. The county is required under SB 1383 regulations to begin enforcing this chapter in response to violations beginning January 1, 2024.
E. Prior to January 1, 2024, the county shall respond to violations of this chapter by providing educational material describing the applicable requirements. (Ord. 748 § 1, 2022)
8.58.080 Investigation of complaints of alleged violations of this chapter.
A. The Alpine County community development department shall maintain on its website a means by which members of the public may electronically submit a written complaint that a commercial edible food waste generator or food recovery service or organization is violating the provisions of this chapter. Physical copies of the complaint form may be requested and submitted at the counter. Complaints may be made anonymously, but complainants that do not provide their identity and contact information will not be notified about the results of the complaint. The identity and contact information of the complainant, whether provided or not, will be kept confidential by the enforcement official.
B. The complaint must be submitted in writing using the form provided by the county, and should include:
1. If the complaint is not anonymous, the name and contact information of the complainant.
2. The identity of the alleged violator, if known.
3. A description of the alleged violation including location(s) and all other relevant facts known to the complainant.
4. Attachments containing any relevant photographic or documentary evidence supporting the allegations in the complaint.
5. The identity of any witnesses to the alleged violation, if known.
C. An enforcement official shall commence an investigation within ninety days of receiving a complaint that meets the requirements of subsection B of this section if the county determines that the allegations, if true, would constitute a violation of this chapter. The county may decline to investigate a complaint if, in its judgment, investigation is unwarranted because the allegations contradict facts known to the county.
D. If a nonanonymous complainant requests on the complaint form to be notified of the results of the complaint, the enforcement official shall provide a written summary of the results. (Ord. 748 § 1, 2022)
8.58.090 Enforcement of violations of this chapter (beginning January 1, 2024).
A. If the enforcement official finds that one or more provisions of this chapter have been violated, the official shall issue a notice of violation requiring respondent’s compliance within sixty days of its issuance. The notice of violation will include:
1. The name(s), or account name(s) if different, of each person or entity to whom it is directed.
2. A factual description of the violations of this chapter, including the section(s) being violated.
3. A compliance deadline by which the operator is to take specified action(s).
4. The penalty for not complying within the specified compliance date.
B. The notice of violation shall be posted on the respondent’s premises and shall also be served on the respondent by sending it to respondent’s address by first class mail using a method that allows verification of delivery. The notice shall be sent to the respondent at the official address of the respondent maintained by the Alpine County tax collector. If no such address is available, the notice shall be sent to the owner of the property on which the respondent operates. Service by mail shall be effective on the date of mailing.
C. The enforcement official retains discretion to extend the compliance deadline stated in a notice of violation if it finds that extenuating circumstances beyond the respondent’s control make compliance within the deadline impracticable. Requests for an extension of the deadline due to extenuating circumstances shall be submitted in writing using a form provided by the Alpine County community development department, and shall be responded to in writing. For purposes of this subsection C, extenuating circumstances are:
1. Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters.
2. Delays in obtaining discretionary permits or other relevant government agency approvals.
3. Deficiencies in the county’s organic waste recycling capacity infrastructure or edible food recovery capacity, if the relevant jurisdiction is also under a corrective action plan pursuant to 14 CCR Section 18996.2 due to those deficiencies.
D. Violations of this chapter are a public nuisance and may be enforced as such.
E. If the respondent does not correct the violation by the deadline stated in the notice of violation, the enforcement official shall issue an administrative citation to impose penalties, which shall be posted and served on respondent in the same manner as a notice of violation. The administrative citation shall include:
1. The name(s), or account name(s) if different, of each person or entity to whom it is directed.
2. A factual description of the violations of this chapter, including the section(s) being violated.
3. The penalty for not complying within the specified compliance date.
4. An explanation of how the fines must be paid, the deadline by which they must be paid, and the consequences of not timely paying them.
5. An explanation of how respondent may appeal the administrative citation.
F. Notwithstanding any other provision in this chapter, administrative penalties for a violation of this chapter shall be imposed as follows:
1. For a first violation, respondent shall pay a fine of one hundred dollars.
2. For a second violation, respondent shall pay a fine of two hundred dollars per violation.
3. For a third or subsequent violation, respondent shall pay a fine of five hundred dollars per violation.
G. Nothing in this section shall be construed as preventing the county from revoking, suspending, or denying a permit, registration, license, or other authorization consistent with local requirements in addition to imposing the penalties authorized in subsection F of this section.
H. Respondent may appeal the issuance of an administrative citation and the imposition of fines by filing an application to appeal within fifteen calendar days of its issuance using a form provided by the Alpine County community development department. The appeal will be heard by the Alpine County board of supervisors as described in Section 18.92.060.
I. The decision of the board of supervisors shall be the final. It may be appealed pursuant to Government Code Section 53069.4 or Code of Civil Procedure Section 1094.5.
J. Nothing herein shall be read, interpreted or construed in any manner so as to limit any existing right or power of the county to enforce county ordinances and regulations, or to employ any remedy available to it at law or equity. (Ord. 748 § 1, 2022)
8.58.100 Conflicts of law.
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 Article 13 (commencing with Section 49580) to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and amended Section 114079 of the Health and Safety Code, relating to food safety). (Ord. 748 § 1, 2022)