§ 521-13 Edible Food Generators | Humboldt County Code

521-13. Edible Food Generators.

(1) Tier 1 commercial edible food generators must comply with the requirements of this section as of the effective date of the ordinance establishing this chapter, and tier 2 commercial edible food generators must comply commencing January 1, 2024, pursuant to Title 14 of the California Code of Regulations Section 18991.3.

(2) Large venue or large event operators not providing food services, but that allow for food to be provided by others, shall require food facilities operating at the large venue or event to comply with the requirements of this section, as tier 2 generators.

(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 of.

(B) Contract with, or enter into a written agreement with, food recovery organizations or food recovery services for:

1. The collection of edible food for food recovery; or

2. Acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.

(C) Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.

(D) Pursuant to Title 14 of the California Code of Regulations Section 18995.1(a)(2), shall allow County and/or County designee to access the premises to ensure compliance with this chapter and to review records kept pursuant to Title 14 of the California Code of Regulations Section 18991.4.

(E) Keep records that include the following information, or as otherwise specified in Title 14 of the California Code of Regulations Section 18991.4:

1. A list of each food recovery organization or service that receives or collects its edible food pursuant to a contract or written agreement established under Title 14 of the California Code of Regulations Section 18991.3(b).

2. A copy of all contracts or written agreements established under Title 14 of the California Code of Regulations Section 18991.3(b).

3. A record of the following information for each of those food recovery services or food recovery organizations that the commercial edible food generator has a contract or written agreement with:

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

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

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

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

(F) Shall provide the Department with a written annual food recovery report that includes the information described in subsection (a)(3)(E) of this section, as follows:

1. No later than August 1, 2023, tier 1 commercial edible food generators must provide an initial annual report for the period of January 1, 2023, through June 30, 2024. Beginning in year 2023, and every year thereafter, tier 1 commercial edible food generators must provide annual reports no later than May 1st for the period covering the entire previous calendar year.

2. Beginning in year 2025, and every year thereafter, tier 2 commercial edible food generators must provide annual reports no later than May 1st for the period covering the entire previous calendar year.

(4) Nothing in this section shall be construed to limit or conflict with the protection 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 (Chapter 285).

(1) Food recovery services collecting or receiving edible food directly from commercial edible food generators through a contract or written agreement, established under Title 14 of the California Code of Regulations Section 18991.3(b), shall maintain the following records:

(A) The name, address, and contact information for each commercial edible food generator from which the food recovery service collects edible food.

(B) The quantity in pounds of edible food collected from each commercial edible food generator per month.

(D) The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery.

(2) Food recovery organizations collecting or receiving edible food directly from commercial edible food generators through a contract or written agreement, established under Title 14 of the California Code of Regulations Section 18991.3(b), shall maintain the following records:

(A) The name, address, and contact information for each commercial edible food generator from which the food recovery organization receives edible food.

(B) The quantity in pounds of edible food received from each commercial edible food generator per month.

(C) The name, address, and contact information for each food recovery service that the food recovery organization receives edible food from for food recovery.

(3) Food recovery organizations and food recovery services that have their primary address physically located in the County and contract with or have written agreements with commercial edible food generators shall annually report to County and/or County designee the total pounds of edible food they recovered from commercial edible food generators, as follows:

(A) No later than August 1, 2023, food recovery organizations and food recovery services must provide a written initial annual report for the period of January 1, 2023, through June 30, 2023.

(B) Beginning in year 2023, and every year thereafter, food recovery organizations and food recovery services must provide written annual reports by May 1st for the period covering the entire previous calendar year.

(A) Food recovery services and food recovery organizations operating in the County shall provide information and consultation to the County and/or County designee, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the County and its commercial edible food generators. A food recovery service or food recovery organization contacted by the County shall respond to such request for information within sixty (60) days, unless a shorter time frame is otherwise specified by the County.

(B) Pursuant to Title 14 of the California Code of Regulations Section 18992.1 et seq., cities located within the County shall conduct edible food recovery capacity planning, in coordination with the County.

1. If the County identifies that new or expanded capacity to recover edible food is needed, then each city within the County that lacks capacity shall:

a. Submit an implementation schedule to CalRecycle and the County that demonstrates how it will ensure there is enough new or expanded capacity to recover the edible food currently disposed of by commercial edible food generators within its jurisdiction by the end of the reporting period set forth in Title 14 of the California Code of Regulations Section 18992.3. The implementation schedule shall include the information specified in Title 14 of the California Code of Regulations 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.

c. If the County finds that new or expanded capacity is needed, the County shall notify the city(ies) that lack sufficient capacity.

d. A city contacted by the County pursuant to this section shall respond to the County’s request for information within one hundred twenty (120) days of receiving the request from the County. (Ord. 2696, § 2, 6/14/2022)