BILL ANALYSIS
AB 2612
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Date of Hearing: April 14, 2010
ASSEMBLY COMMITTEE ON AGRICULTURE
Cathleen Galgiani, Chair
AB 2612 (Agriculture) - As Amended: April 7, 2010
SUBJECT : Omnibus Committee bill: rendering and State Organic
Program (SOP)update.
SUMMARY : Expands the rendering definition of a "collection
center"; changes the licensure expiration date; expands the
registration exemption; authorizes promulgation of regulations
to streamline organic registration; clarifies the administration
of SOP; and, authorizes the development of online registration
system. Specifically, this bill :
Pertaining to slaughter animals not fit for human consumption
used in pet food and rendering:
1)Expands the definition of a "collection center" to include a
"pet food processor".
2)Changes the license expiration date from a year of issuance to
December 31 of each year.
3)Exempts a "collection center" from registration as a
transporter of kitchen grease if they are licensed as a
collection center in accordance with this chapter.
Pertaining to the California Organic Program Act of 2003 (COPA):
1)Clarifies alternates to the advisory board are representatives
of the same category as the board member.
2)Updates reference to State Public Health Officer from State
Director of Health Services.
3)Adds definitions for an "exempt handler" as being a handler
that sells organic agricultural products but whose gross
income from such sales are $5,000 or less, annually, and an
"exempt producer" as being a producer that sells organic
agricultural products, but whose gross income from such sales
are $5,000 or less, annually. Makes other conforming changes.
4)Permits the required reporting by any producer, handler,
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processor or organic registrant of exact gross sales over
$25,000,001 or more.
5)Permits the required reporting by any producer, handler,
processor or organic registrant of gross sales by commodity
and acreage.
6)Permits the adoption of regulations, to the extent reasonably
necessary, that supersede these statutory registration
requirements in order to provide an online registration
system.
7)Makes technical non-substantial changes.
EXISTING LAW provides definitions to govern this Chapter;
requires the licensure of every person engaged in collecting,
hauling, and processing of specified meat not fit for human
consumption that expires one year from issuance and exempts
transporters of inedible kitchen grease from the registration
fee, but not the registration as a hauler, if they are already
licensed. (Food and Agricultural Code (FAC) Chapter 5, Part 3,
Division 9, (Section 19200 et. seq.))
Provides definitions to govern this Chapter and to conform to
the National Organic Program (NOP); provides for an advisory
board and alternates; requires registration and conformity to
specific standards to use the term "organic" in the production,
handling and sale of raw or processed human food, pet food and
cosmetics, including reporting requirements and fees based upon
sales volume. (FAC Chapter 10, Division 17, (Section 46000 et.
seq.))
FISCAL EFFECT : This bill has been keyed "fiscal" by Legislative
Counsel.
COMMENTS : This is an Omnibus bill dealing with updates and
clarifications to the statutes dealing with dead animal COPA.
These proposals have been submitted by the respective industry
representatives.
Over the past year, the rendering program has been reviewed by
the industry and the California Department of food and
Agriculture (CDFA) in preparation for a comprehensive regulatory
update. During this review, certain provisions of law were
identified that needed updating. The definition of collection
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center, the fee section and calendar year regulatory authority
were three provisions that needed clarifying language to
modernize the program statutes.
Collection centers often serve as "drop off" points for haulers
so that material can be aggregated into larger loads and more
efficiently transported for further processing at rendering
plants or licensed pet food processors. Adding the term
"collection center" to a section of the law that governs fees
for the licensing and registration of the rendering industry
conforms to the program's practices. The changing of licenses
to a calendar year rather than a year from issuance, will help
CDFA in the administration of the program.
In December 2008, SOP staff, the California Organic Program
Advisory Committee (COPAC), and participants from the organic
industry formed the Organic Products Technical Planning
Committee to begin the process of reviewing and evaluating SOP's
policies and procedures. One of the primary goals of the
Technical Planning Committee (TPC) was to streamline the organic
registration process. Organic registration is a complex and time
consuming process that duplicates much of the information
collected by accredited certifying agencies (ACA). The
complexity inherent within the organic registration process has
led to difficulties for counties in maintaining consistency in
the review of information included on organic registration forms
as well as for organic operations in completing registration
forms. Additionally, a significant amount of time and resources
are allocated by SOP to review and correct applications prior to
approval. At the request of the TPC, SOP evaluated the
feasibility of streamlining the organic registration process by
promulgating regulations which would have exempted certified
organic registrants from submitting information directly to SOP
that is already submitted to their respective ACAs.
This proposal would allow CDFA to promulgate regulations to
streamline the organic registration process. This proposal would
also clarify inconsistencies within the COPAC and the program in
order for CDFA to properly administer SOP. Finally, current
statute does not provide a mechanism to transition to an online
based system for organic registration. While there are no
immediate plans to implement online based systems at this time,
these changes would allow the SOP to transition to an online
based system of registration when appropriate. These statutory
changes are anticipated to save several hundred hours in staff
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time, which will be reallocated to compliance and enforcement
activities.
A recent audit by the Office of Inspector General of NOP states
that NOP officials need to address ongoing issues with
California's SOP not having approved compliance and enforcement
procedures finalized as of November 2009. They have recommended
that NOP implement a plan for California's SOP to achieve
compliance, so there may be the need for additional amendments
to meet this compliance.
PENDING LEGISLATION :
AB 2686 (Tom Berryhill) will allow county agricultural
commissioners to file a certified copy of a final decision with
the court that directs the payment of a civil penalty pursuant
to violations of the COPA, and, if applicable, a copy of any
order that denies a petition for a writ of administrative
mandamus, requiring the court to enter judgment immediately upon
filing and at no cost. AB 2686 is to be heard in the Assembly
Committee on Agriculture on April 14, 2010.
SB 1107 (Kehoe) will transfer the authority for grease trap
waste from CDFA to the State Water Resources Control Board by
establishing within the Water Code the Interceptor and Trap
Grease Transportation Act of 2010. SB 1107 is in Senate
Committee on Environmental Quality after passing the Senate Food
and Agriculture and Committee on a vote of 3-1 and is set for
hearing on April 19, 2010.
SB 1138 (Cedillo) will create a Rendering Industry Advisory
Board. SB 1138 is currently in the Senate Committee on
Environmental Quality after passing the Senate Food and
Agriculture and Committee on a vote of 4-0 and is set for
hearing on April 19, 2010.
RELATED LEGISLATION :
AB 2981 (Agriculture), Chapter 535, Statutes of 2002. Omnibus
language cleanup that dealt with various agricultural issues,
including, expanding the definition of a transporter for
inedible kitchen grease and rendering to include those engaged
in similar activities.
AB 1071 (Matthews), Chapter 929, Statutes of 2004. Expanded the
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use of commercial feed inspection funds to include research and
education until 2010; extended the sunsets to 2011 for the
licensing of renderers and collection centers and the
registration of transporters of inedible kitchen grease and
collection centers; permitted the use of rendered products in
accordance with the United States Food and Drug Administration
rules and regulations; and, required a registrant to notify a
county health officer when a contract is terminated or expires.
AB 1065 (Matthews), Chapter 533. Statutes of 2005. Authorized
CDFA to establish a method for tracking inedible kitchen grease;
defined "interceptor grease"; separated requirements for
licensed renderers and transporters; requires transporters to be
insured; changed the suspension or revocation of a license or
registration; expanded the conditions that may lead to a
suspension or revocation of a license or registration; and, made
related technical changes.
AB 2823 (Strom-Martin), Chapter 533, Statutes of 2002. Rewrote
the California Organic Food Act to conform to NOP. Broadened
the regulatory authority for CDFA and the Department of Health
Services to use of the word "organic" on a label and for
enforcement of processed food, pet food, nonfood plants and
cosmetics. Additionally, changed the fee structure and
registration requirements for organic producers and processors,
including retailers.
AB 776 (Agriculture), Chapter 726, Statutes of 2003. Omnibus
language cleanup that dealt with various agricultural issues,
including, the clarification that the fees paid under COPA,
after the initial fee, are based upon the specified schedule of
fees and corrects a numeric transposition of a referenced
section of code.
REGISTERED SUPPORT / OPPOSITION :
Support
California Farm Bureau Federation (Sponsor)
Pacific Coast Renderers Association (Sponsor)
California Certified Organic Farmers
California Grain and Feed Association
Larry Hirahara Family Farm
Opposition
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None on file.
Analysis Prepared by : Jim Collin / AGRI. / (916) 319-2084