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Starting January 1, 2022 for Tier One Businesses and January 1, 2024 for Tier Two Businesses and organizations, the County, in conjunction with the cities in which they are located, will begin a monitoring and inspection program to ensure compliance.

    Santa Clara County is currently finalizing its system to monitor compliance with this new law. Regulated entity inspections will be a part of the system. Local enforcement officials will ensure that each participating business or organization has:

    • Arranged to recover the maximum amount of edible food that would otherwise be disposed (landfill, compost, animal feed)

    • Arranged for food to be donated before it spoils, and ensured that their program does not intentionally spoil surplus edible food.

    • Contracted with a food recovery organization or service for collection or acceptance of edible food for food recovery (the contract needs to be signed by appropriate parties and currently valid).

    • Allowed the appointed inspector to access the premises and review records of their food recovery program

    • Allow the appointed inspector to view kept records that include the following information:

      • A list of each food recovery service or organization that collects or receives your edible food, including name, address and contact information

      • A copy of all contracts or written agreements with a food recovery organization or service

      • The types of food that are collected by or self-hauled to each food recovery service or organization

      • The established frequency that food is collected or self-hauled

      • The quantity of food (measured in pounds) recovered per month, collected or self-hauled to a food recovery service or organization for food recovery

    • Inspections of Tier One Businesses will begin in 2022, and for Tier Two Businesses in 2024.
    • Inspections will be scheduled in advance, so that the appropriate person is available to share the necessary information with the inspector.

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