San Francisco County Municipal Code § 151.3 Definitions

As used in this Article 151, the following words and phrases shall have the meanings indicated herein: "Abusive Forms of Child Labor" means the following: (1) work performed by a person under the age of 18 when the person does not voluntarily seek the work or the person is threatened by the person's employer with physical, mental, or emotional harm for nonperformance; (2) work performed by a person under the age of 18 in violation of any applicable law of the country of manufacture or assembly governing the minimum age of employment, compulsory education, or occupational health and safety; or (3) the use of a person under the age of 18 for illegal activities, including but not limited to the production or trafficking of illicit drugs or for prostitution. “City” means the City and County of San Francisco. “Contract” means an agreement subject to this Article 151 as stated in Section 151.2. “Contracting Department” or “Department” means the City department, office, commission, or other City entity that enters into the applicable Contract on behalf of the City. "Contracting Officer" means the City official or employee who is authorized to execute a contract, either as a Department Head or as a designee appointed in writing by the Department Head, board, or commission as having the authority to sign contracts for the Department. “Contractor” means any person or persons, firm, partnership, corporation, or combination thereof that enters into a contract or property contract with a Department Head or officer empowered by law to enter into contracts or property contracts on behalf of the City. "Covered Goods" means apparel and garments (including any accessories, materials, supplies, or equipment associated with the apparel or garments) that are assembled together through weaving, knitting, felting, sewing, or other production process in a Factory for a Manufacturer from which a Contractor secures apparel and garments for the purpose of selling said apparel and garments to the City. Notwithstanding the prior sentence, Covered Goods shall exclude: (1) goods purchased for a service Contract, where the goods are incidental to the provision of the service; (2) apparel and garments procured for a public works related contract, such as safety vests and helmets; and (3) uniforms, garments, and shoes that require special production processes to ensure the safety of the wearer in the fulfillment of public health and public safety, including but not limited to: firefighting gear, neoprene gloves, ballistic vests and body armor, helmet covers, medical gowns, personal protective equipment, or similar items. “Department Head” means the duly appointed General Manager, Director, or Executive Director of a City department having charge and management of said department. “Director” means the Director of the Office of Contract Administration, also known as the Purchaser, or the Director’s designee. “Factory” means a facility that manufactures or otherwise contributes significantly to the production of a Covered Good. For apparel, the Factory is the facility that manufactures the Covered Good by cutting and assembling through processes such as but not limited to: sewing, weaving, knitting, or felting, and may also include the facility that finishes and applies marks to the Covered Goods. "Foreign Convict or Forced Labor" means any form of labor used to produce or manufacture goods prohibited from importation into the United States under 19 U.S. C. § 1307, as may be amended from time to time, which includes Abusive Forms of Child Labor and Slave Labor. “Labor Laws” means those laws specifying responsibilities and rights in employment, including, but not limited to laws governing: (1) wages; (2) employee benefits; (3) health and safety, including without limitation exposure to hazardous or toxic substances; (4) collective bargaining rights; (5) environmental conditions; (6) nondiscrimination, harassment, or retaliation, including without limitation all laws prohibiting workplace and employment discrimination; (7) freedom of association; or (8) building or fire codes. “Manufacturer” means a person or business that owns an apparel brand. “Slave Labor” means any form of slavery, sale and trafficking of persons, debt bondage, indentured servitude, serfdom, or forced or compulsory labor.

“Sweatshop Labor" means work performed in a Factory by any Worker for the purpose of producing a Covered Good under terms or conditions that: (1) seriously or repeatedly violate Labor Laws of the jurisdiction within which the work is performed; or (2) constitute Foreign Convict or Forced Labor, Abusive Forms of Child Labor, or Slave Labor. “Worker" means any employee employed in a Factory utilized by a Manufacturer to produce Covered Goods for the purpose of selling those Covered Goods to the City. (Added by Ord. 192-25, File No. 250192, App. 10/16/2025, Eff. 11/16/2025, Oper. 1/1/2026) (Former Sec. 151.3 added as Administrative Code Sec. 12U.3 by Ord. 223-05, File No. 051257, App. 9/16/2005; Ord. 265-07, File No. 071369, App. 11/14/2007; redesignated by Ord. 221- 23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)