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 This additional fee will sunset on July 1, 2010, and be repealed by January 1, 2011.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