BILL NUMBER: SB 1138	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 5, 2010

INTRODUCED BY   Senator Cedillo

                        FEBRUARY 18, 2010

   An act to add Article 1.5 (commencing with Section 19218) to
Chapter 5 of Part 3 of Division 9 of the Food and Agricultural Code,
relating to slaughtered animals.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1138, as amended, Cedillo. Horsemeat and pet food: Rendering
Industry Advisory Board.
   Existing law generally regulates persons engaged in certain
businesses dealing with dead animals and pet food processing,
including, among others, renderers, pet food processors, dead
haulers, and transporters of inedible kitchen grease. These
regulatory provisions are administered and enforced by the Department
of Food and Agriculture.
   This bill would establish in state government the Rendering
Industry Advisory Board composed of  an unspecified number of
  7  persons appointed by the Secretary of Food
and Agriculture who are licensed under the above-mentioned regulatory
provisions. The bill would authorize the secretary to appoint an
additional member to the board who is a public member, as provided.
The bill would authorize  the board, on or before January 15
of any year, to establish or designate one or more entities to
administer all or any part of the above-mentioned regulatory
provisions for the fiscal year beginning July 1 of the same year
through June 30 of the following year, in accordance with the
regulations and procedures adopted or established by the secretary.
The bill would provide that the secretary is responsible for the
enforcement of these regulatory provisions and for the establishment
of enforcement procedures  the secretary to adopt
regulations to be used by the board in administering these provisions
 .
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Article 1.5 (commencing with Section 19218) is added to
Chapter 5 of Part 3 of Division 9 of the Food and Agricultural Code,
to read:

      Article 1.5.  Rendering Industry Advisory Board


   19218.  (a) There is in state government a Rendering Industry
Advisory Board consisting of  ____   seven 
persons appointed by the secretary, who are licensed under this
chapter, and who are subject to payment of the rendering program
licensing fees in accordance with this chapter, including, but not
limited to, licensed renderers, dead haulers, and transporters of
inedible kitchen grease. The secretary may appoint one additional
member to the board who shall be a public member.
   (b) Upon the secretary's request, the board shall submit to the
secretary the name of at least one natural person, each of whom shall
be a citizen and resident of this state and not a producer,
transporter, or processor nor financially interested in any producer,
transporter, or processor, for appointment by the secretary as a
public member of the board. The secretary may appoint this person, or
one of the nominees if more than one name is submitted, as the
public member on the board. If all nominees are unsatisfactory to the
secretary, the board shall continue to submit lists of nominees
until the secretary has made a selection. Any vacancy in the office
of the public member of the board shall be filled by appointment by
the secretary from the nominee or nominees similarly qualified and
submitted by the board. The public member of the board shall
represent the interests of the general public in all matters coming
before the board and shall have the same voting and other rights and
immunities as other members of the board.
   (c) The members of the board shall receive no salary, but are
entitled to payment of necessary traveling expenses in accordance
with Department of Personnel Administration rules. These expenses
shall be paid out of appropriations made to the department. 
   19218.5.  (a) In order to avoid administrative charges that may
adversely impact persons subject to this chapter, and to provide for
more efficient implementation of this chapter, the board may, on or
before January 15 of any year, establish or designate one or more
entities to administer all or any part of this chapter for the fiscal
year beginning July 1 of the same year through June 30 of the
following year, in accordance with the regulations and procedures
adopted or established by the secretary.
   (b) Notwithstanding subdivision (a), the secretary shall be
responsible for the enforcement of this chapter and for the
establishment of enforcement procedures.  
   19218.1.  It is hereby declared, as a matter of legislative
determination, that persons appointed to the Rendering Industry
Advisory Board pursuant to this article are intended to represent and
further the interest of a particular agricultural industry
concerned, and that such representation and furtherance is intended
to serve the public interest. Accordingly, the Legislature finds
that, with respect to persons who are appointed to the board, the
particular agricultural industry concerned is tantamount to, and
constitutes, the public generally within the meaning of Section 87103
of the Government Code.  
   19218.2.  The term of office of the members of the board is three
years. When the board is first appointed, three members shall be
appointed for three years, three members for two years, and one
member for one year. Thereafter, appointments shall be for full
three-year terms. Vacancies shall be filled for an unexpired term.
 
   19218.3.  Except as otherwise provided in Sections 19218.6 to
19218.8, inclusive, the board shall be advisory to the secretary and
may make recommendations on all matters pertaining to this article,
including, but not limited to, the inspection and enforcement
program, annual budget, necessary fees to provide adequate services,
and regulations required to accomplish the purposes of this article.
 
   19218.4  The board shall elect a chairman, and from time to time
any other officers as it may deem advisable.  
   19218.5  (a) The board shall meet at the call of its chairman or
the secretary or at the request of any three members of the board.
The board shall meet at least once a year.
   (b) A quorum of the committee shall be five members. A vote of the
majority of the members present at a meeting at which there is a
quorum shall constitute an act of the committee.
   (c) No member or alternate member, or any employee or agent
thereof, shall be personally liable for the actions of the committee
or responsible individually in any way for errors in judgment,
mistakes, or other acts, either by commission or omission, except for
his or her own individual acts of dishonesty or crime.  
   19218.6  The advisory board may do all of the following:
   (a) Keep accurate books and records of its activities, which shall
be subject to annual audit by an auditing firm approved by the
secretary. The audit shall be made a part of an annual report to all
persons licensed under this article. The books and records shall be
available for audit during regular business hours upon request of the
secretary.
   (b) Make recommendations to the secretary concerning all of the
following:
   (1) Adoption, modification, and repeal of regulations and
procedures.
   (2) Procedures for employment, training, supervision, and
compensation of inspectors and other personnel.
   (3) Rate and collection of license fees and penalties related
thereto.
   (4) Acquisition and use of equipment.
   (5) Posting and noticing changes in bylaws, general procedures, or
orders.  
   19218.7.  Persons subject to this chapter shall not have access to
any information in the possession of any entity or entities
established or designated pursuant to this chapter that would
disclose proprietary information regarding any other person subject
to this article, including material test results, individual fee or
license payments, rendering process, or formula information. 

   19218.8.  (a) The secretary shall adopt regulations to be used by
the board to administer this article.
   (b) In adopting regulations and procedures, the secretary shall
accept the recommendations of board if he or she finds them to be
practicable and in the interest of the rendering industry and the
public. Within 30 days of the date the secretary receives a
recommendation from the board, the secretary shall provide the board
with notice of the acceptance of the recommendations or with a
written statement of reasons if he or she does not accept the
recommendation.