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 all   one 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.