title
APPROVE MOTION TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH SAN JOAQUIN COUNTY FOR THE INSPECTION OF THE CITY’S EDIBLE FOOD RECOVERY PROGRAM
recommended action
RECOMMENDATION
It is recommended that the City Council approve a motion to authorize the City Manager to execute a Memorandum of Understanding with San Joaquin County for the inspection of the City’s Edible Food Recovery Program.
It is also recommended that the City Manager, or designee, be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion.
body
Summary
Senate Bill (SB) 1383 requires jurisdictions to implement edible food recovery programs and conduct inspections of Tier 1 and Tier 2 commercial food generators to ensure compliance. The legislation also allows jurisdictions to designate other qualified entities to assist with fulfilling this requirement.
San Joaquin County’s Environmental Health Department (SJCEHD), the designated local enforcement agency overseeing retail food programs, has collaborated with jurisdictions across San Joaquin County to develop a template Memorandum of Understanding (MOU). This MOU outlines how SJCEHD incorporates a jurisdiction’s edible food recovery inspections into its existing regulated retail facility inspections.
By entering into this MOU, the City would formally designate SJCEHD to perform inspections related to edible food recovery requirements on behalf of the City. Upon execution, compliance inspections would begin immediately for the estimated (55) Tier 1 and (130) Tier 2 food generators within the City. SJCEHD’s role is limited to conducting inspections. City staff will perform all follow-up actions, including outreach and education, and, if necessary, enforcement action.
SJCEHD will provide these inspection services at no cost to the City.
DISCUSSION
Background
In September 2016, Governor Brown signed into law SB 1383, the Short-Lived Climate Pollutant Reduction Act, which established aggressive targets to reduce statewide disposal of organic waste beginning in 2025.
On June 14, 2022, Council adopted Ordinance No. 2022-06-14-1502 amending Title 8, Chapters 8.04 (Collection of Solid Waste, Recyclable Materials, and Organic Materials) and 8.28 (Construction and Demolition Debris Waste Reduction) to achieve compliance with SB 1383 legislative mandates.
Under SB 1383, jurisdictions must establish an inspection and enforcement program for Tier 1 and Tier 2 commercial food generators (e.g., grocery stores, wholesale food distributors, restaurants, and others) and food recovery organizations (e.g., food banks) to ensure that generators are recovering the maximum amount of edible food that would otherwise be disposed, and to confirm that generators have agreements in place with food recovery organizations to recover edible food.
SJCEHD, the designated local enforcement agency for retail food programs, issues permits and conducts routine inspections for commercial edible food generators throughout San Joaquin County. SJCEHD has taken the lead in identifying Tier 1 and Tier 2 food generators county-wide. Based on the county-wide list, approximately 55 Tier 1 and 130 Tier 2 food generators are within Stockton’s city limits.
Several jurisdictions, including the Cities of Lathrop, Lodi, and Manteca, have entered into MOUs with San Joaquin County to streamline compliance and leverage existing infrastructure. These MOUs authorize SJCEHD to integrate edible food recovery inspections into its regular inspection schedule of permitted retail food facilities.
Present Situation
By entering into an MOU with San Joaquin County, the City designates SJCEHD to conduct inspections related to edible food recovery requirements on behalf of the City. Compliance inspections would begin immediately. SJCEHD will report the noncompliant Tier 1 and Tier 2 food generators to the City for appropriate follow-up. City follow-up may include additional outreach and education and, if necessary, enforcement action by City staff. It is important to note that SJCEHD’s role is limited to conducting inspections. While SJCEHD offers general education on edible food recovery during each inspection, the City is responsible for ongoing outreach and education, enforcement, and maintaining all required records and reporting for its commercial businesses.
The Waste and Recycling Division of Public Works continues to expand its workforce to fulfill all responsibilities under SB 1383. SJCEHD’s support in conducting Tier 1 and Tier 2 edible food generator inspections remains essential in meeting State-required mandates. SJCEHD will provide these inspection services at no cost to the City.
FINANCIAL SUMMARY
There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended action.
Attachment A - MOU with SJCEHD