BILL NUMBER: SB 1138 AMENDED BILL TEXT AMENDED IN ASSEMBLY JUNE 22, 2010 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. 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 9 persons appointed by the Secretary of Food and Agriculture, 7 of whom are licensed under the above-mentioned regulatory provisions and 2 who are public members, as provided. The bill would 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 nine persons appointed by the secretary, 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 shall appoint the two other members to the board who shall be public members. Any vacancy in the office of a public member of the board shall be filled by appointment by the secretary. (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 allone or more of the following: (1) Water quality. (2) Publicly owned treatment works and water infrastructure. (3) Law enforcement. (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. 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 three members for one year. Thereafter, appointments shall be for full three-year terms. Vacancies shall be filled for an unexpired term. 19218.2. Except as otherwise provided in Sections 19218.5 to 19218.7, inclusive, the board shall be advisory to the secretary and may make recommendations on all matters pertaining to this 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 chapter.19218.3. The board shall elect a chairperson, and from time to time any other officers as it may deem advisable. 19218.4. (a) The board shall meet at the call of its 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 board shall be 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 board. (c) No member or alternate member,or any employee or agent thereof, shall be personally liable for the actions of the 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. 19218.5. (a) The board shall be advisory to the secretary, and 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. (6) All matters pertaining to this 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 the chapter. (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. 19218.6. 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. 19218.7. (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.