BILL ANALYSIS
SENATE FOOD and AGRICULTURE COMMITTEE
Senator Dean Florez, Chairman
BILL NO: SB 1138 HEARING: 4/6/10
AUTHOR: Cedillo FISCAL: Yes
VERSION: 4/5/10 CONSULTANT: John Chandler
Horsemeat and pet food: Rendering Industry Advisory Board
BACKGROUND AND EXISTING LAW
Current law defines rendering as the recycling, processing, and
conversion of animal and fish byproducts and carcasses from the
meat, poultry, and seafood industries, as well as used kitchen
grease into fats, oils, and proteins that are used primarily as
feed in the animal, poultry, and pet food industries.
California Department of Food and Agriculture Meat and Poultry
Inspection Branch (CDFA) is responsible for regulating and
licensing renderers, inedible kitchen grease transporters, dead
animal haulers, and pet food processors. Current laws and
regulations attempt to ensure that all materials that should be
sent to a renderer, such as carcasses, oils, used kitchen
grease, fats, and proteins, are sent to a rendering facility and
to deter the theft of those materials. The enforcement is
funded through a number of annual licensing fees required for
operation within the state of California.
SB 1107 (Kehoe) proposes to establish a program in the State
Water Board to regulate and track the transportation of
interceptor and trap grease. SB 1107 is currently in the Senate
Food and Agriculture Committee set for hearing on April 6, 2010.
PROPOSED LAW
SB 1138 would create the Rendering Industry Advisory Board.
Specifically, this bill would:
Establish the Rendering Industry Advisory Board (board)
consisting of 7 licensed renderers, dead animal haulers,
and transporters of inedible kitchen grease appointed by
the secretary of CDFA.
Authorize the secretary to appoint a public member to
the Rendering Industry Advisory Board from nominations
submitted by the board.
Set the term limit of the board members at three years.
SB 1138 - Page 2
Specify that board members receive no salary but do
receive reimbursement for travel.
Authorize the board to make recommendations to the
secretary on inspection, enforcement, annual budget, and
regulations.
Authorize the board to elect its own chairman and other
officers.
Require the board to meet at least once a year or on the
call of the board chairman, any three members of the board,
or CDFA.
Specify that a quorum of the board is five members and a
vote of a majority of board members at a meeting where
there is a quorum is an act of the committee.
Specify that board members or agents of the board are
not personally liable for the actions of the committee.
Authorize the advisory board to keep accurate books and
records of its activities, subject to audit by CDFA, and
provide an annual report with audit to all licensed
renderers, dead animal haulers, and inedible kitchen grease
haulers.
Authorize the advisory board to make recommendations to
CDFA concerning adoption, modification, and repeal of
regulations and procedures for employment, training,
supervision, and compensation of inspectors and other
personnel; rate and collection of license fees and
penalties; acquisition and use of equipment; and posting
and noticing changes in bylaws, general procedures, or
orders.
Protect proprietary information gathered as part of the
rendering program.
Require CDFA to adopt any practicable recommendation of
the advisory board if it is in the interest of the
rendering industry and the public within 30 days or provide
a written statement of reasons the recommendation was not
adopted.
COMMENTS
SB 1138 - Page 3
1.Proponents state that the advisory board created in SB 1138
would provide an opportunity for official interaction between
the industry and CDFA to address issues and ensure the program
continues to maintain its objectives to regulate and enforce
the laws regarding the rendering industry. Recently, members
of the rendering industry have been encouraging CDFA and the
state to undertake more aggressive enforcement. Through an
advisory board, the industry would be able to guide and
oversee both the rendering program and the industry to assist
the goals of protecting public health, food safety, and the
environment in a cooperative and healthy economic environment.
2.The Senate Rules Committee has doubled referred this bill to
the Senate Environmental Quality Committee as the second
committee of referral. Therefore, if this measure is approved
by this committee, the motion should include an action to
re-refer the bill to the Senate Committee on Environmental
Quality.
SUPPORT
California Grain and Feed Association
Pacific Coast Rendering Association
OPPOSITION
None received