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DRAFT June 15, 2021 | Page 38 THE CITY OF PLEASANTON SB 1383 ACTION PLAN 2021 ─ 2025 3.5 Edible Food Recovery • Monitor compliance of generators, food recovery organizations, service providers (see Monitoring and Enforcement Section 3.2). 3.5.3 State SB 1383 Requirements for Generators • Commercial edible food generators shall arrange to recover the maximum amount of edible food that would otherwise be disposed (by January 1, 2022 for Tier One; January 1, 2024 for Tier Two) (§18991.3.b). • Enter into a written contract or agreement with food recovery services or organizations 2 that will collect their edible food, and/or self-haul edible food to organizations that will accept it for food recovery (§18991.3.b). • An edible food generator shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or service (§18991.3.e). • 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, if applicable (§18991.3.d). • A commercial edible food generator subject to the requirements in Article 10 shall keep a record of each food recovery service/organization that collects/receives its edible food and a copy of all contracts or written agreements with the food recovery service/organization (§18991.4). 3.5.4 Ordinance and Policy Needs In order to recover the maximum amount of edible food that would otherwise be disposed, the City will need to include a section in the enforcement ordinance that requires Tier One and Tier Two Commercial Edible Food Generators and food recovery organizations and services to comply with SB 1383 regulations. The City will need to make a policy decision surrounding how they will enable food recovery efforts as well as funding mechanism(s). As previously mentioned, this will be included in StopWaste’s model enforcement ordinance, and the City is recommended to use that model as its base. 3.5.5 Contract Implications StopWaste and the County plan to enter into an MOU for edible food recovery inspection and enforcement. It is recommended the City confirm with StopWaste the scope of the MOU and understand the roles and responsibilities for inspections within the City. 3.5.6 Monitoring The City will be required to monitor compliance of commercial edible food generators, food recovery organizations, and food recovery services to ensure compliance with the food recovery requirements of SB 1383. The City may choose to execute these functions itself or may choose to delegate these tasks to a third party to monitor food recovery data and compliance. As recommended in Section 3.2.1, the most efficient method for conducting the required inspections is to delegate this inspection and enforcement to the County Public Health Department, which is already performing health and safety inspections of these businesses. It is strongly 2 Note that food recovery organizations and food recovery services are not required to accept food from commercial edible food generators, and retain the right to reject donation. If they do enter into a written contract or agreement with a commercial edible food generator, they must keep records and report to the jurisdiction in which the organization is located.