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