Chapter 8.04
EDIBLE FOOD WASTE RECOVERY
Sections:
8.04.030 Requirements for commercial edible food generators.
8.04.040 Requirements for food recovery organizations, food recovery services.
8.04.050 Requirements for the city--Food recovery capacity planning.
8.04.060 Inspections, investigations, complaints, and enforcement timeline.
8.04.070 Violations, appeals, and penalties commencing January 1, 2024.
8.04.010 Purpose.
The city finds and declares:
A. SB 1383, the Short-Lived Climate Pollutant Reduction Act of 2016, required CalRecyle 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, 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 SB 1383 regulations applicable to their jurisdiction. The regulations require commercial edible food generators, as defined by state law and herein, to arrange to have the maximum amount of edible food that would otherwise be disposed of, recovered for human consumption.
C. SB 1383 also requires local governments to provide education and outreach information concerning edible food recovery programs, to engage in edible food recovery capacity planning and to develop a mechanism for inspections and enforcement while complying with CalRecycle’s recordkeeping and reporting requirements.
D. The city of Angels meets the definition of a rural jurisdiction as defined in Public Resources Code Section 42649.8 and applied to and received from CalRecycle a rural exemption in compliance with Section 18984.12(c) of Chapter 12 (Short-Lived Climate Pollutants) of Division 7 of Title 14 of the California Code of Regulations ("SB 1383 regulations" or "regulations") pursuant to city council Resolution No. 21-54 approved December 7, 2021. Therefore, the city of Angels is not subject to Article 3, Organic Waste Collection Services, Section 18992.1 of Article 11, Organic Waste Capacity Planning, and Sections 18993.1 and 18993.2 of Article 12, Procurement of Recovered Organic Waste Products, through December 21, 2026.
E. 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 to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time). (Ord. 528 (9/6/22) §1, 2022)
8.04.020 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. These definitions are applicable only to this chapter.
A. "CalRecycle" means California’s Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 regulations on county (and others).
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 CCR).
C. "Commercial business" or "commercial" means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a). A multifamily residential dwelling that consists of fewer than five units is not a commercial business for purposes of implementing this chapter.
D. "Commercial edible food generator" includes a tier one or a tier two commercial edible food generator as defined in 14 CCR Section 18982(a). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators.
E. "Compliance review" means a review of records by the county to determine compliance with this chapter.
F. "Designee" means an entity that a jurisdiction contracts with or otherwise arranges to carry out any of the jurisdiction’s responsibilities of this chapter as authorized in 14 CCR Section 18981.2. A designee may be a government entity, a hauler, a private entity, or a combination of those entities.
G. "Edible food" means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a). For the purposes of this chapter or as otherwise defined in 14 CCR Section 18982(a), "edible food" is not solid waste if it is recovered and not discarded. Nothing in this chapter or in 14 CCR Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.
H. "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.
I. "Food distributor" means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR Section 18982(a).
J. "Food facility" has the same meaning as 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, or as otherwise defined in 14 CCR Section 18982(a).
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 or as otherwise defined in 14 CCR Section 18982(a). A food recovery organization is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a). They include, but are 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, or as otherwise defined in 14 CCR Section 18982(a). A food recovery service is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a).
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, or as otherwise defined in 14 CCR Section 18982(a).
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, or as otherwise defined in 14 CCR Section 18982(a).
P. "Hotel" has the same meaning as in Section 17210 of the Business and Professions Code.
Q. "Inspection" means a site visit where the county 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 requirements set forth in this chapter, or as otherwise defined in 14 CCR Section 18982(a).
R. "Large event" has the same meaning as in 14 CCR Section 18982(a). It includes, but is not limited to, a sporting event or 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.
S. "Large venue" has the same meaning as in 14 CCR Section 18982(a). It includes 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 the purposes of this chapter and implementation 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 the 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.
T. "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, or as otherwise defined in 14 CCR Section 18982(a).
U. "Notice of violation (NOV)" means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a) or further explained in 14 CCR Section 18995.4.
V. "Property owner" means the owner of real property.
W. "Recovery" means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a).
X. "Restaurant" means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a).
Y. "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.
Z. "SB 1383 regulations" or "SB 1383 regulatory" 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.
AA. "Special district" has the same meaning as defined in Public Resources Code Section 41821.2.
BB. "Self-hauler" means a person who hauls solid waste, organic waste or recyclable material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a). "Back-haul" means generating and transporting organic waste to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a).
CC. "State" means the state of California.
DD. "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, or as otherwise defined in 14 CCR Section 18982(a).
EE. "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.
If the definition in 14 CCR Section 18982(a) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a) shall apply to this chapter.
FF. "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 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.
If the definition in 14 CCR Section 18982(a) of tier two commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a) shall apply to this chapter.
GG. "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, or as otherwise 14 CCR Section 189852(a). (Ord. 528 (9/6/22) §1, 2022)
8.04.030 Requirements for commercial edible food generators.
A. Tier one commercial edible food generators must comply with the requirements of this section immediately, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
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.
C. Commercial edible food generators shall:
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 a food recovery organization(s) or food recovery service(s) for:
a. The collection of edible food for food recovery; or
b. Acceptance of edible food that the commercial edible food generator self-hauls to the ford recovery organization for food recovery.
3. Not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.
4. Allow the city’s designated enforcement entity or designated third party enforcement entity to access the premises and to 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 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 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 edible food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for purposes of food recovery.
6. The city may suspend these requirements during periods where the Governor or the city has declared a state of emergency. (Ord. 528 (9/6/22) §1, 2022)
8.04.040 Requirements for food recovery organizations, food recovery services.
A. 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), as applicable:
1. The name, address, and contact information for each commercial edible food generator from which the service collects edible food.
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 for which the food recovery service transports edible food for food recovery.
B. 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):
1. The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.
2. The quantity in pounds of edible food collected form each commercial edible food generator per month.
3. The name, address, and contact information for each food recovery service from which the organization receives edible food for food recovery.
C. Food recovery organizations and food recovery services that have their primary address physically located in the city and contract or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall, no later than March 1st of each calendar year, report to the city in which they are located the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators with which they have established a contract or written agreement pursuant to 14 CCR Section 18991.3(b).
D. Food Recovery Capacity Planning--Food Recovery Organization, Food Recovery Services.
1. In order to support edible food recovery capacity planning assessments and other studies, food recovery services and food recovery organizations operating in the city shall, upon request, provide information and consultation to the city regarding existing or proposed new or expanded food recovery capacity that could be accessed by the city and its commercial edible food generators.
2. A food recovery service or food recovery organization contacted by the city shall respond to such request for information within sixty days, unless a shorter time frame is otherwise specified by the city. (Ord. 528 (9/6/22) §1, 2022)
8.04.050 Requirements for the city--Food recovery capacity planning.
The city shall conduct edible food recovery capacity planning. If the city identifies that new or expanded capacity to recover edible food is needed, then the city shall:
A. Submit an implementation schedule to CalRecycle. The city will demonstrate how it will ensure that there is enough new or expanded capacity to recover the edible food currently disposed by commercial edible food generators within its jurisdiction by the end of the reporting period set forth in 14 CCR Section 18992.3. The implementation schedule shall include the information specified in 14 CCR Section 18992.2(c)(1)(A).
B. Consult with food recovery organizations and food recovery services regarding existing or proposed new and expanded capacity that could be accessed by the city and its commercial edible food generators. (Ord. 528 (9/6/22) §1, 2022)
8.04.060 Inspections, investigations, complaints, and enforcement timeline.
A. The city of Angels’ code enforcement officer, or his or her designee, is authorized to conduct inspections and investigations for compliance with this chapter during the commercial edible food generator’s or food recovery organization’s regular business hours. Recordkeeping required pursuant to this chapter will be provided to the code enforcement officer upon request. Failure to provide or arrange for access, or provide access to records, to the city official is a violation of this chapter punishable pursuant to Section 8.04.070, except as otherwise provided by subsection E of this section.
B. The city shall maintain on its website a means by which members of the public may electronically submit a complaint that a commercial edible food generator or food recovery organization is violating the provisions of this chapter. Hard copies of complaint forms may be requested and submitted at City Hall.
C. Inspections of tier one commercial edible food generators and food recovery services and organizations for compliance with this chapter will begin immediately.
D. Inspections of tier two commercial edible food generators for compliance with this chapter will begin January 1, 2024.
E. Prior to January 1, 2024, the city will respond to violations of this chapter by providing educational materials and describing applicable requirements. (Ord. 528 (9/6/22) §1, 2022)
8.04.070 Violations, appeals, and penalties commencing January 1, 2024.
A. Violations of this chapter shall be enforced in accordance with Chapters 1.16, 1.17, and 1.18.
B. Appeals shall be in accordance with Chapter 1.19.
C. Penalties shall be in accordance with Chapter 1.16. (Ord. 528 (9/6/22) §1, 2022)