BILL ANALYSIS                                                                                                                                                                                                    



                        SENATE FOOD and AGRICULTURE COMMITTEE
                            Senator Dean Florez, Chairman

          BILL NO:    AB 1249                   HEARING:  7/7/09
          AUTHOR:   Galgiani                    FISCAL:  Yes
          VERSION:  6/17/09                     CONSULTANT:  John Chandler
          
             Inedible kitchen grease transporters: dead animal haulers.

          BACKGROUND AND EXISTING LAW

          Current law requires that any person who transports inedible  
          kitchen grease must register with California Department of Food  
          and Agriculture (CDFA) and pay a $100 registration fee.  In  
          1995, an additional fee of up to $300 per vehicle or a maximum  
          of $3000 per registrant was added to fund inedible kitchen  
          grease enforcement.  Individuals transporting 55 gallons or less  
          of inedible kitchen grease for personal use are exempt from 75  
          percent of the additional fee.  This additional fee will sunset  
          on July 1, 2010, and be repealed by January 1, 2011.

          It is unlawful to transport dead animals to any location other  
          than a licensed rendering plant, collection center, animal  
          disease diagnostic lab, nearest crematory, or other location  
          designated by the state unless granted permission by the State  
          Veterinarian in conjunction with a quarantine. 

          Dead animal haulers and renderers are required to register with  
          CDFA and must be properly equipped to engage in the business;  
          never have been convicted of a felony involving adulterated or  
          misbranded food; and demonstrate character, responsibility, and  
          good faith suitable for carrying on the business for which they  
          are being licensed.

          In 2004, CDFA and the California Environmental Protection Agency  
          developed guidelines for managing dead animals on farms and  
          ranches during a declared emergency called Emergency Animal  
          Disposal (EAD).  The EAD guidelines prescribe dead animal  
          management practices for temporary storage of carcasses,  
          disposal at permitted landfills, on-site composting, and on-site  
          burial.  

          PROPOSED LAW

          AB 1249 will do the following:

                 Extend the sunset for the additional fee assessed on  
               inedible kitchen grease transporters to 2015 and extend the  
               repeal date to 2016.




          AB 1249 - Page 2



                 Authorize the State Veterinarian to issue a waiver for  
               dead animal disposal in cases of a declared state of  
               emergency or local emergency.

                 Authorize CDFA to issue a permit to a licensed renderer,  
               collection center, or dead animal hauler to haul the  
               carcass to an appropriately permitted landfill in the event  
               of a declared state of emergency or if a licensed hauler  
               has a certification from a licensed renderer that they  
               cannot process the dead animal.

          COMMENTS

          1.According to the author, AB 1249 will ensure that dead  
            livestock are properly handled during overloaded capacity or  
            limited capacity of renderers to protect public health, animal  
            health, safety infrastructure, and the environment.  In 2006,  
            high summer temperatures resulted in record livestock deaths.   
            This overwhelmed California's established carcass disposal  
            infrastructure, causing up to a 3-week delay for traditional  
            disposal methods. AB 1249 provides clear authority and  
            direction for the disposal of large numbers of dead animals in  
            instances that may not trigger quarantine.

          2.During the summer of 2006, when high temperatures resulted in  
            record livestock deaths, the State Veterinarian used the  
            quarantine authority to help the rendering capacity issues.   
            If the State Veterinarian was able to use the quarantine  
            authority during that crisis, the committee may wish to  
            consider why would they not be able to use it in the future  
            for a similar incidence?

          3.The governor is responsible for declaring a state of  
            emergency.  In an emergency which includes high animal death  
            that would overload rendering facilities, the governor should  
            be aware of that situation when declaring the emergency.   
            Rather than adding the extra step during an emergency of  
            waiting for the State Veterinarian to issue a waiver, the  
            committee may wish to consider whether the waiver should be  
            specified in the emergency declaration and overseen by the  
            State Veterinarian.  

          PRIOR ACTIONS

          Assembly Floor 77-0
          Assembly Appropriations16-0





          AB 1249 - Page 3


          Assembly Agriculture  8-0

          SUPPORT
          
          Pacific Coast Rendering Association

          OPPOSITION
          
          None received