BILL NUMBER: SB 1138	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 27, 2010
	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  
Rendering  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  7   9 
persons appointed by the Secretary of Food and Agriculture 
who   , 7 of whom are licensed under the
above-mentioned regulatory provisions  and 2 who are public
members, as provided  . The bill would  authorize the
secretary to appoint an additional member to the board who is a
public member, as provided   specify the duties and
responsibilities of the board  . The bill would authorize 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   nine 
persons appointed by the secretary,  who  
seven of whom  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
  shall appoint the two other members  to the board
who shall be  a public member   public members.
Any vacancy in the office of a public member of the board shall be
filled by appointment by the secretary  . 
   (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.  
   (b) At least one of the seven licensee members appointed by the
secretary pursuant to subdivision (a) shall have experience and
expertise in alternative uses of rendered products, including, but
not limited to, use as energy, alternative fuels, lubricants, and
other nontraditional uses.  
   (c) The public members appointed by the secretary pursuant to
subdivision (a) shall have experience and expertise in any or all of
the following:  
   (1) Water quality.  
   (2) Publicly owned treatment works and water infrastructure. 

   (3) Law enforcement.  
   (c) 
    (d)  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.

   19218.1.  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.   19218.1.   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  
three members  for one year. Thereafter, appointments shall be
for full three-year terms. Vacancies shall be filled for an unexpired
term.
    19218.3.   19218.2.   Except as
otherwise provided in Sections  19218.6 to 19218.8 
 19218.5 to 19218.7  , inclusive, the board shall be
advisory to the secretary and may make recommendations on all matters
pertaining to this  article   chapter  ,
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   chapter  .
    19218.4.   19218.3.   The board shall
elect a  chairman   chairperson  , and from
time to time any other officers as it may deem advisable.
    19218.5.   19218.4.   (a) The board
shall meet at the call of its  chairman  
chairperson  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   board 
shall be  five   six  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 
 board  .
   (c) No member or alternate member, or any employee or agent
thereof, shall be personally liable for the actions of the 
committee   board  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 
    19218.5.    (a)     The board may
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. 
   (b) The board shall 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 chapter. The books
and records shall be available for audit during regular business
hours upon request of the secretary. 
    19218.7.  19218.6.   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.   19218.7.   (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.