Chapter 8.16
EDIBLE FOOD RECOVERY
Sections:
8.16.030 SCWMA edible food recovery ordinance.
8.16.050 Requirements for commercial edible food generators.
8.16.060 Requirements for food recovery organizations and services.
8.16.070 Enforcement agency designation.
8.16.010 Purpose.
The purpose of this chapter is to comply with the Short-Lived Climate Pollutants Organic Waste Reduction regulations adopted pursuant to Senate Bill 1383 (SB 1383 regulations) and reduce the amount of organic materials deposited in landfills. (Ord. 224 § 1, 2022)
8.16.020 Definitions.
“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).
“CalRecycle” means California’s Department of Resources Recycling and Recovery, which is the state agency designated with responsibility for developing, implementing, and enforcing the SB 1383 regulations.
“Commercial edible food generator” includes a tier one or a tier two commercial edible food generator as defined herein or as otherwise defined in 14 CCR Sections 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 CCR Section 18982(a)(7).
“Compliance review” means a review of records by the enforcement agency to evaluate compliance with this chapter.
“Designee” means an entity that the city of Etna or SCWMA contracts with or otherwise arranges to carry out or assist with any of the responsibilities for compliance with the SB 1383 regulations or administration or enforcement of this chapter. A designee may be a government entity, a private entity, or a combination of those entities.
“Edible food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR Section 18982(a)(18), 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, as codified in Health and Safety Code Section 113700 et seq.
“Enforcement action” means an action of the relevant enforcement agency to address noncompliance with this chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
“Enforcement agency” means an entity with the authority to enforce part or all of this chapter as specified herein. Employees and agents of an enforcement agency may carry out inspections and enforcement activities pursuant to this chapter. Nothing in this chapter authorizing an entity to enforce its terms shall require that entity to undertake such enforcement except as agreed to by that entity. The county of Siskiyou, SCWMA, and city of Etna are enforcement agencies for all sections of this chapter.
“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)(22).
“Food facility” has the same meaning as in Section 113789 of the Health and Safety Code.
“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)(24).
“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)(25), 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.
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)(7). If the definition in 14 CCR Section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this chapter.
“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)(26). 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)(7).
“Food scraps” means all edible or inedible food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, coffee grounds, and eggshells. “Food scraps” excludes fats, oils, and grease when such materials are source separated from other food scraps.
“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)(27).
“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)(30).
“Health facility” has the same meaning as in Section 1250 of the Health and Safety Code.
“Hotel” has the same meaning as in Section 17210 of the Business and Professions Code.
“Inspection” means an enforcement agency’s electronic or on-site review of 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)(35).
“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 2,000 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. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this chapter. For the purposes of this definition of “large event,” “local agency” means all public agencies except those that are not subject to the regulatory authority of the member agency.
“Large venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation. For 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 purposes of this chapter and implementation of 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. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this chapter.
“Member agency” means a party to the SCWMA. Current member agencies are the county of Siskiyou and the cities of Dunsmuir, Dorris, Etna, Fort Jones, Montague, Mt. Shasta, Tulelake, Weed, and Yreka. A reference to a member agency means the member agency within whose boundaries the regulated organic waste generator, self-hauler, regulated hauler, commercial edible food generator, food recovery organization, food recovery service, or other entity resides or operates.
“Notice of violation” 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)(45) or further explained in 14 CCR Section 18995.4.
“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)(64).
“SB 1383” means Senate Bill 1383 of 2016, the Short-Lived Climate Pollutant Reduction Act of 2016.
“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 and 27 CCR.
“Siskiyou County integrated solid waste management regional agency,” “SCWMA,” or “agency” means a joint powers agency comprised of all nine cities in Siskiyou County and the county of Siskiyou.
“Supermarket” means a full-line, self-service retail store with gross annual sales of $2,000,000, 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)(71).
“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 10,000 square feet.
3. Food service provider.
4. Food distributor.
5. Wholesale food vendor.
If the definition in 14 CCR Section 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this chapter.
“Tier two commercial edible food generator” means a commercial edible food generator that is one of the following:
1. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
2. Hotel with an on-site food facility and 200 or more rooms.
3. Health facility with an on-site food facility and 100 or more beds.
4. Large venue.
5. Large event.
If the definition in 14 CCR Section 18982(a)(74) of tier two commercial edible food generator differs from this definition as to entities subject to the regulatory authority of a member agency, the definition in 14 CCR Section 18982(a)(74) shall apply to this chapter.
“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 defined in 14 CCR Section 189852(a)(76). (Ord. 224 § 1, 2022)
8.16.030 SCWMA edible food recovery ordinance.
The city of Etna is a member agency of the Siskiyou County integrated solid waste management regional agency. As a member agency of the SCWMA, the city of Etna declares the edible food recovery ordinance adopted by the SCWMA, as set forth in Exhibit “A” attached to the ordinance codified in this chapter, to be effective in the city beginning on January 1, 2022. (Ord. 224 § 1, 2022)
8.16.040 Rural exemption.
As a party to the SCWMA, the city authorizes the SCWMA to apply for and obtain a rural exemption from the SB 1383 organic waste collection program requirements on behalf of itself and the other SCWMA members until at least December 31, 2026. (Ord. 224 § 1, 2022)
8.16.050 Requirements for commercial edible food generators.
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 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 organization or food recovery service on how edible food should be prepared, packaged, labeled, handled, stored, distributed, or transported to the food recovery organization or service.
4. Not intentionally donate food that has not been prepared, packaged, handled, stored, and/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 enforcement agency to review records upon request, including by providing electronic copies or allowing access to the premises, pursuant to 14 CCR Section 18991.4.
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 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 and written agreements established under 14 CCR Section 18991.3(b) and/or this chapter.
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.
d. If it has not entered into a contract or written agreement with food recovery organizations or food recovery services pursuant to subsection (C)(2) of this section, a record that describes (i) its direct donation of edible food to end recipients (including employees) and/or (ii) its food waste prevention practices that result in it generating no surplus edible food that it can donate.
8. Tier one commercial edible food generators and tier two commercial edible food generators shall provide, upon request, a food recovery report to the enforcement agency that includes the information in subsection (C)(7)(c) of this section. Entities shall provide the requested information within 60 days of the request.
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 (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); 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 Health and Safety Code Section 114432(a). (Ord. 224 § 1, 2022)
8.16.060 Requirements for food recovery organizations and services.
A. Nothing in this chapter prohibits a food recovery service or food recovery organization from refusing to accept edible food from a commercial edible food generator, in accordance with 14 CCR Section 18990.2(d).
B. 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):
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. This may also include the total quantity in pounds of food collected that was spoiled when received from a commercial edible food generator or otherwise not able to be used to feed people.
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 food recovery service transports edible food to for food recovery.
C. 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 received from each commercial edible food generator per month. This may also include the total quantity in pounds of food collected that was spoiled when received from a commercial edible food generator or otherwise not able to be used to feed people.
3. The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.
D. Food recovery organizations and food recovery services that have their primary address physically located in any part of Siskiyou County and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the county on behalf of the city, the total pounds of edible food recovered from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) according to the following schedule: (1) no later than August 15, 2022, submit an initial report covering the period of January 1, 2022, to June 30, 2022; and (2) no later than March 31, 2023, and no later than every March 31st thereafter, submit a report covering the period of January 1st to December 31st of the previous calendar year.
E. In order to support edible food recovery capacity planning assessments and similar studies, food recovery services and food recovery organizations operating in Siskiyou County shall provide, upon request, information, and consultation to the enforcement agency regarding existing, or proposed new or expanded, food recovery capacity in a form that can be provided to or that can be accessed by the SCWMA, member agencies, and commercial edible food generators in Siskiyou County. A food recovery service or food recovery organization contacted by the enforcement agency shall respond to such request for information within 60 days unless a shorter timeframe is otherwise specified by the enforcement agency. (Ord. 224 § 1, 2022)
8.16.070 Enforcement agency designation.
A. The city of Etna designates the SCWMA and county of Siskiyou as an enforcement agency for all sections of this chapter. Without limiting the generality of the foregoing, the authority provided by this designation includes the authority to request information or conduct inspections to verify compliance with any of the above sections to support the SCWMA’s or county’s enforcement activities. The SCWMA and county are authorized and designated to carry out the responsibilities specified in this chapter effective January 1, 2022.
B. The authorization and designation above does not limit the city’s authority to independently carry out some or all of the responsibilities designated above, and the city retains full authority to implement and enforce this chapter.
C. The city council may authorize and designate other entities to carry out responsibilities under this chapter and no amendment of this chapter shall be required.
D. The city of Etna understands that even though it is delegating enforcement to the SCWMA and county, the city is the responsible entity for compliance, and if CalRecycle enforces for jurisdictional noncompliance, they will enforce on the city and not the SCWMA or county operating on behalf of the city. The exception to this is county specific requirements which the county, as its own jurisdiction, shall meet. (Ord. 224 § 1, 2022)
8.16.080 Inspections.
A. The enforcement agency is authorized to conduct inspections and investigations, at random or otherwise, to confirm compliance with the provisions of this chapter for which it has enforcement authority by commercial edible food generators, food recovery services, and food recovery organizations, subject to applicable laws.
B. A person subject to the requirements of this chapter shall provide or arrange for access during all inspections and shall cooperate with the enforcement agency during such inspections and investigations. Such inspections and investigations may include inspection of edible food recovery activities, review of required records, or other verification or inspection to confirm compliance with any other requirement of this chapter. Failure to provide or arrange for access to the premises or access to records for any inspection or investigation is a violation of this chapter and may result in penalties described in EMC 8.16.090.
C. The enforcement agency is authorized to conduct any inspections or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws. (Ord. 224 § 1, 2022)
8.16.090 Violations.
A. Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and assessment of a fine by the enforcement agency. Enforcement actions under this chapter are issuance of an administrative citation and assessment of a fine. The enforcement agency’s procedures on imposition of administrative citations and fines as contained within their municipal code shall govern the imposition, enforcement, collection, and review of administrative citations and fines issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter, except as otherwise indicated in this chapter.
B. The enforcement agency may issue a notice of violation requiring compliance within 60 days of issuance of the notice.
C. Absent compliance by the respondent within the deadline set forth in the notice of violation, the enforcement agency shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the enforcement agency’s standard procedures.
D. The penalties for violations are as follows:
1. For a first violation, the amount of the penalty shall be $100.00 per violation or such higher amount as may be established by the enforcement agency.
2. For a second violation, the amount of the penalty shall be $200.00 per violation or such higher amount as may be established by the enforcement agency.
3. For a third or subsequent violation, the amount of the penalty shall be $500.00 per violation, or such higher amount as may be established by the enforcement agency. (Ord. 224 § 1, 2022)