HomeMy WebLinkAboutOrd 2664 - Amending Title 9 Health & Safety - Recovery & Disposal of Edible FoodORDINANCE NO. 2664
AN ORDINANCE OF THE CITY OF REDDING AMENDING TITLE 9
(HEALTH AND SAFETY), CHAPTER 9.28 (SOLID WASTE AND
RECYCLING) BY AMENDING SECTION 9.28.010 (DEFINITIONS) AND
ADDING SECTION 9.28.275 (COMMERCIAL EDIBLE FOOD
GENERATORS), RELATING TO THE ESTABLISHING OF CRITERIA
FOR RECOVERY AND DISPOSAL OF EDIBLE FOOD
THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS:
Section 1. Title 9 (Health and Safety), Chapter 9.28 (Solid Waste and Recycling),
Section 9.28.010 of the Redding Municipal Code is hereby amended to read as follows:
9.28.010 - Definitions.
Unless it is apparent from the context that another meaning is intended, the following words, when
used in this chapter, shall have the meanings respectively ascribed to them by this section:
A. "Commercial" means of or pertaining to a business establishment and/or industrial
facility including, but not limited to, governmental, religious, and educational
facilities.
B. "Commercial Edible Food Generator" includes a Tier One or a Tier Two
Commercial Edible Food Generator as defined in this ordinance or in 14 CCR
Section 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, as defined in 14 CCR Section 18982(a)(7).
C. "Container" means a bin, cart, roll -off box, drop box, receptacle, can, waste
wheeler, compactor or other city -approved vessel for the collection of solid waste.
D. "Customer" means the person subscribing to collection services.
E. "Designee" means an entity that a Jurisdiction contracts with or otherwise arranges
to carry out any of the Jurisdiction's responsibilities of this ordinance 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.
F. "Edible Food" has the same meaning as set forth in 14 CCR Section 18982(a)(18).
For the purposes of this ordinance 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 ordinance 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 (Health and Safety Code section
113700 et seq.).
G. "E -waste" has the same meaning as in Public Resources Code Section 42463.
H. "Food Distributor" has the same meaning as set forth in 14 CCR Section
18982(a)(22).
I. "Food Facility" has the same meaning as in Section 113789 of the Health and
Safety Code.
J. "Food Recovery" has the same meaning as set forth in 14 CCR Section
18982(a)(24).
K. "Food Recovery Organization" has the same meaning as set forth in 14 CCR
Section 18982(a)(25). For purposes of this Chapter, a Food Recovery Organization
is not a Commercial Edible Food Generator.
L. "Food Recovery Service" has the same meaning as set forth in 14 CCR Section
18982(a)(26). For the purposes of this Chapter, a Food Recovery Service is not a
Commercial Edible Food Generator.
M. "Food Service Provider" has the same meaning as set forth in 14 CCR Section
18982(a)(27).
N. "Food soiled paper" means compostable paper material that has come into contact
as a result of food preparation.
O. "Food waste" or "food scraps" solid waste comprised of but not limited to animal,
fruit, or vegetable refuse that has been prepared for or intended to be used as food
or has resulted from the preparation of the food. Food waste also includes food -
soiled paper resulting from such food preparations and/or storage. Food waste
excludes fats, oils, and grease when said materials are separated from other food
scraps.
P. "Generator" means a person that produced solid waste to include mixed materials,
organic materials, bulky goods or recyclable materials.
Q. "Inspection" has the same meaning as set forth in 14 CCR Section 18982(a)(35).
R. "Large Event" has the same meaning as set forth in 14 CCR Section 18982(a)(38).
S. "Large Venue" has the same meaning as set forth in 14 CCR Section 18982(a)(39).
T. "Organic waste" means solid waste including but not limited to food, green
material, landscape and pruning waste, organic textiles and carpets, lumber,
nonhazardous wood, paper products, printing and writing paper, manure, biosolids,
digestate, and sludges.
U. "Organic waste generator" means a person or entity that is responsible for the initial
creation of organic waste.
V. "Recycle" or "recycling" has the meaning established by the State's Public
Resources Code Section 40180.
W. "Responsible party" means "customer" and/or "owner," "tenant" or "occupant."
X. "Self -hauler" means a person disposing of solid waste generated by that person or
occupants of the person's property when such solid waste is removed, transferred
and disposed in compliance with all applicable laws.
Y. "Solid waste" has the same meaning as defined in the State of California's
Resources Code Section 40191, in addition to materials that may be recycled. Solid
waste does not include any of the following wastes:
Hazardous waste, as defined in the State Public Resources Code 28 Section
40141.
2. Radioactive waste regulated pursuant to the State Radiation Control Law
(Chapter 8, Part 9 of Division 104 of the State Health and Safety Code).
3. Medical waste regulated pursuant to the State Medical Waste Management
Act (Part 14 of Division 104 of the State Health and Safety Code).
Z. "Solid waste services" means the collection, transfer, processing, recycling,
removal, transportation and disposal of Solid Waste.
aa. "Tier One Commercial Edible Food Generator" has the same meaning as set forth
in 14 CCR Section 18982(a)(73).
bb. "Tier Two Commercial Edible Food Generator" has the same meaning as set forth
in 14 CCR Section 18982(a)(74).
CC. "Unacceptable waste" means any and all waste, including but not limited to
hazardous waste, household hazardous waste, and medical waste.
dd. "U -waste" means waste that the California Department of Toxic Substances control
considers universal waste (Title 22, Division 4.5, Chapter 23), including but not
limited to household batteries, fluorescent light tubes, compact fluorescent light
tubes, sharps, computers, radios, some appliances and mercury -containing devices.
Section 2. Title 9 (Health and Safety), Chapter 9.28 (Solid Waste and Recycling),
Section 9.28.275 of the Redding Municipal Code is hereby added to read as follows:
9.28.275 - Commercial Edible Food Generators
(A) Pursuant to 14 CCR Section 18991.3, 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 with the requirements of this Section
commencing January 1, 2024.
(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 Food Recovery Organizations
or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery;
or (ii) acceptance of the Edible Food that the Commercial Edible Food Generator
self -hauls to a Food 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 City personnel or any City -designated third -party enforcement entity to
access the premises and 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 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 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.
(6) No later than March 1st of each year commencing no later than March 1, 2024, for
Tier One Commercial Edible Food Generators and March 1, 2025, for Tier Two
Commercial Edible Food Generators, provide an annual Food Recovery report to
the Jurisdiction that includes the information identified in Redding Municipal Code
9.28.275(C)(5).
(D) Nothing in this ordinance 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 Education
Code sections 49580-49581 and Health and Safety Code 11479.
Section 3. Severability. If any section, subsection, sentence, clause or phrase of these
ordinances is for any reason held by a court of competent jurisdiction to be invalid or
unconstitutional, such decision shall not affect the validity of the remaining portions of the
ordinances. The City Council of the City of Redding hereby declares that it would have passed this
ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of the fact
that one or more sections, subsections, sentences, clauses or phrases may be held invalid or
unconstitutional.
Section 4. The passage of this ordinance is exempt from environmental review under
14 CCR 15308 as a regulatory action for the protection of the environment. This ordinance shall
regulate the recovery and disposal of edible food wastes which will reduce the disposal of edible
food waste into the solid waste disposal system.
Section 5. This ordinance shall take effect thirty (30) days after the date of its adoption,
and the City Clerk shall certify to the adoption thereof and cause publication according to law.
I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City
Council of the City of Redding at a regular meeting on the 19th day of September, 2023, and was
duly adopted at a regular meeting on the 17th day of October, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
COUNCIL MEMBERS: Audette, Mezzano, Munns and Dacquisto
COUNCIL MEMBERS: None
COUNCIL MEMBERS: Winter
COUNCIL MEMBERS: None
XARLEINE TIPTON, City Clerk
DATE ATTESTED: iX- �7 , 2023
MICHAEL WACQUISTO, Mayor
FORM APPROVED:
BARRY E. De AL , Clty Attorney