(a) A jurisdiction shall not implement or enforce an ordinance, policy, or procedure that prohibits the ability of a generator, food recovery organization, or food recovery service to recover edible food that could be recovered for human consumption.
(b) A local education agency shall not implement or enforce an ordinance, policy, or procedure that prohibits share tables or requires schools to adhere to a food safety standard not specified in Part 7 of Division 104 of the Health and Safety Code.
(c) Nothing in this chapter shall be construed to limit or conflict with the provisions of the California Good Samaritan Food Donation Act of 2017 (the act). Specifically:
(1) Nothing in this chapter shall be construed to limit the amount or types of foods that may be donated under the act.
(2) Nothing in this chapter shall be construed to limit the ability of a person, gleaner or food facility to donate food as provided for in Sections 114432 and 114433 of the Health and Safety Code.
(3) Nothing in this chapter shall be construed to reduce the immunities provided by the California Good Samaritan Food Donation Act as specified in Section 114434 of the Health and Safety Code.
(d) Nothing in this chapter prohibits a food recovery service or organization from refusing to accept edible food from a commercial edible food generator.
Credits
Note: Authority cited: Sections 40502, 43020, 43021 and 42652.5, Public Resources Code. Reference: Section 42652.5, Public Resources Code; and Sections 39730.6, 114432, 114433 and 114434, Health and Safety Code.
1. New section filed 11-3-2020; operative 1-1-2022 pursuant to Public Resources Code section 42652.2(a)(6) (Register 2020, No. 45).
This database is current through 4/19/24 Register 2024, No. 16.
Cal. Admin. Code tit. 14, § 18990.2, 14 CA ADC § 18990.2
