Article 10. Jurisdiction Edible Food Recovery Programs, Food Generators, and Food Recovery

Modified on Mon, 17 Feb at 2:45 PM

C.C.R Title 14, Division 7, Chapter 12 Short-lived Climate Pollutants

Article 10. Jurisdiction Edible Food Recovery Programs, Food Generators, and Food Recovery

Section 18991.1. Jurisdiction Edible Food Recovery Program.

(a) A jurisdiction shall implement an edible food recovery program that shall include the actions that the jurisdiction will take to accomplish each of the following:

(1) Educate commercial edible food generators as set forth in Section 18985.2.

(2) Increase commercial edible food generator access to food recovery organizations and food recovery services.

(3) Monitor commercial edible food generator compliance as required in Article 14 of this chapter.

(4) Increase edible food recovery capacity if the analysis required by Section 18992.2 indicates that the jurisdiction does not have sufficient capacity to meet its edible food recovery needs.

(b) A jurisdiction may fund the actions taken to comply with this section through franchise fees, local assessments, or other funding mechanisms.

Section 18991.2. Recordkeeping Requirements for Jurisdiction Edible Food Recovery Program.

(a) A jurisdiction shall include all documents supporting its compliance with Section 18991.1 in the Implementation Record required by Section 18995.2 and shall also include at a minimum:

(1) A list of commercial edible food generators in the jurisdiction that have a contract or written agreement with food recovery organizations or services pursuant to Section 18991.3(b).

(2) A list of food recovery organizations and food recovery services in the jurisdiction and their edible food recovery capacity.

(3) Documentation of the actions the jurisdiction has taken to increase edible food recovery capacity.

Section 18991.3. Commercial Edible Food Generators.

(a) Tier One commercial edible food generators shall comply with the requirements of this section commencing January 1, 2022. Tier two commercial edible food generators shall comply with the requirements of this section commencing January 1, 2024.

(b) Commercial edible food generators shall arrange to recover the maximum amount of edible food that would otherwise be disposed. A commercial edible food generator shall comply with the requirements of this section through a contract or written agreement with any or all of the following:

(1) Food recovery organizations or services that will collect their edible food for food recovery.

(2) Food recovery organizations that will accept the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.

(c) 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.

(d) 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.

(2) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters.

(e) An edible food generator shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or service.

Section 18991.4. Recordkeeping Requirements For Commercial Edible Food Generators.

(a) A commercial edible food generator subject to the requirements in this article 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 18991.3(b).

(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):

(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.

(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.

Section 18991.5. Food Recovery Services and Organizations.

(a) A food recovery organization or service that has established a contract or written agreement to collect or receive edible food directly from commercial edible food generators pursuant to Section 18991.3(b) shall maintain records specified in this section:

(1) A food recovery service shall maintain a record of:

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

(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 service transports edible food to for food recovery.

(2) A food recovery organization shall maintain a record of:

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

(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 organization receives edible food from for food recovery.