BILL NUMBER: AB 2378	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 23, 2012
	PASSED THE ASSEMBLY  MAY 17, 2012
	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Huber

                        FEBRUARY 24, 2012

   An act to amend Sections 19306, 19440, and 19447 of the Food and
Agricultural Code, and to amend Sections 2462, 2468, and 2478 of the
Vehicle Code,relating to rendering.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2378, Huber. Rendering: enforcement.
   (1) Existing law generally regulates persons engaged in certain
businesses dealing with dead animals and pet food processing,
including, among others, renderers, collection center operators, pet
food processors, dead animal haulers, and transporters of inedible
kitchen grease. These regulatory provisions are enforced by the
Department of Food and Agriculture. A person who violates these
provisions is generally subject to imprisonment in a county jail for
not more than one year or a fine of not more than $1,000, or both
that fine and imprisonment. A person who violates these provisions
either after a prior conviction for violating these provisions or
with the intent to defraud or mislead is subject to punishment in a
county jail or the state prison, as specified, and a fine of not more
than $10,000, or both that imprisonment and fine. Existing law also
authorizes the Secretary of Food and Agriculture to levy a civil
penalty not to exceed $1,000 for each violation against a person who
violates provisions governing renderers and transporters of inedible
kitchen grease and any regulations adopted pursuant to those
provisions. A person against whom a civil penalty is levied may
appeal the penalty to the secretary within 10 days of receiving
notification of the penalty.
   This bill would increase the maximum fines for the crimes
described above to $5,000 and $15,000, respectively. The bill would
increase the maximum civil penalty that may be imposed to $5,000, and
would extend the period of time in which a person may appeal the
civil penalty to 20 days. The bill would authorize the secretary to
file with the superior court a certified copy of the final decision
that directs payment of a civil penalty, as specified.
   (2) Existing law provides that any licensed renderer or collection
center operator, or a registered transporter, who fails in any
respect to keep the written records, as specified, or to set out in
that written record any matter required to be set out in the record,
as specified, is guilty of a misdemeanor.
   This bill would prescribe, for a misdemeanor violation of those
provisions, a fine of not less than $500, $1,000, or $2,000, for a
first, 2nd, or 3rd or subsequent offense, respectively, or
imprisonment in a county jail, as specified, or both that fine and
imprisonment. For a 2nd or subsequent offense within a one-year
period, or a 3rd or subsequent offense within a 2-year period, the
bill would also authorize a court to order the defendant to stop
engaging in the business for a period not to exceed 30 days, as
specified. The bill would also make a related, conforming change.
   (3) Existing law requires every licensed renderer to record and
retain for one year records containing specified information,
including the name and address of every transporter of inedible
kitchen grease who has delivered to the renderer and the total amount
of inedible kitchen grease purchased in each transaction. A similar
provision applies to every registered transporter. Existing law
provides that every licensed renderer, collection center operator, or
registered transporter who destroys any written record required
pursuant to these provisions within one year after making the final
entry of any information required by this article, is guilty of a
misdemeanor punishable by a fine, imprisonment in a county jail, or
both the fine and imprisonment, as specified.
   This bill would require those persons to retain, and prohibit the
destruction of, those records for 2 years, rather than one year. By
expanding the scope of crimes, the bill would impose a state-mandated
local program.
   (4) Existing law makes it unlawful for any person to engage in the
transportation of inedible kitchen grease without being registered
with the Department of Food and Agriculture, for any person who is
not a registered transporter or licensed renderer of that product to
transport that product from within the state to a place outside the
state, for any person to steal, misappropriate, contaminate, or
damage that product or containers of it, and for any person to take
possession of the product from an unregistered transporter or to
knowingly take possession of stolen inedible kitchen grease. Existing
law provides that a person who violates these provisions is subject
to imprisonment in the county jail for not more than one year, or a
fine of not more than $1,000, or both that imprisonment and fine.
Existing law provides that if the conviction is a 2nd or subsequent
conviction or committed with intent to defraud or mislead, the person
is subject to imprisonment in a county jail or state prison, as
specified, or a fine of not more than $10,000, or both that
imprisonment and fine.
   This bill would increase those fines to $5,000 and $15,000,
respectively.
   (5) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 19306 of the Food and Agricultural Code is
amended to read:
   19306.  (a) Any renderer or collection center operator licensed
pursuant to this article or transporter registered pursuant to
Article 6.5 (commencing with Section 19310) who fails in any respect
to keep the written records required by this article, or to set out
in that written record any matter required by this article to be set
out in the record, is guilty of a misdemeanor.
   (b) Every renderer, collection center operator, or transporter who
refuses, upon demand of any peace officer of this state or any
employee of the department, to exhibit any written record required by
this article, or who destroys that record within two years after
making the final entry of any information required by this article,
is guilty of a misdemeanor.
   (c) Any violation of subdivision (a) or (b) is punishable as
follows:
   (1) For a first offense, by a fine of not less than five hundred
dollars ($500), or by imprisonment in a county jail for not more than
30 days, or by both the fine and imprisonment.
   (2) For a second offense within a period of one year, by a fine of
not less than one thousand dollars ($1,000), or by imprisonment in a
county jail for not more than 30 days, or by both the fine and
imprisonment. In addition to any other punishment imposed pursuant to
this paragraph, the court may order the defendant to stop engaging
in the business as a renderer, collection center operator, or
transporter for a period not to exceed 30 days.
   (3) For a third or any subsequent offense within a period of two
years, by a fine of not less than two thousand dollars ($2,000), or
by imprisonment in a county jail for not more than six months, or by
both the fine and imprisonment. In addition to any other sentence
imposed pursuant to this paragraph, the court shall order the
defendant to stop engaging in the business as a renderer, collection
center operator, or transporter for a period of 30 days.
  SEC. 2.  Section 19440 of the Food and Agricultural Code is amended
to read:
   19440.  Any person who is found guilty of violating any of the
provisions of this chapter or the rules and regulations promulgated
under this chapter is subject to imprisonment in a county jail for
not more than one year or a fine of not more than five thousand
dollars ($5,000), or both that imprisonment and fine; but if the
violation is committed after a conviction of that person under this
section has become final, or the violation is committed with intent
to defraud or mislead, the person shall be subject to imprisonment
pursuant to subdivision (h) of Section 1170 of the Penal Code, or a
fine of not more than fifteen thousand dollars ($15,000), or both
that imprisonment and fine.
  SEC. 3.  Section 19447 of the Food and Agricultural Code is amended
to read:
   19447.  (a) In lieu of any civil action pursuant to Section 19445,
and in lieu of seeking prosecution, the secretary may levy a civil
penalty against a person who violates Article 6 (commencing with
Section 19300), Article 6.5 (commencing with Section 19310), or any
regulation adopted pursuant to those articles, in an amount not to
exceed five thousand dollars ($5,000) for each violation.
   (b) Before a civil penalty is levied, the person charged with the
violation shall receive notice of the nature of the violation and
shall be granted the opportunity to review the secretary's evidence
and, for up to 30 days following the issuance of the notice, the
opportunity to present written argument and evidence to the secretary
as to why the civil penalty should not be imposed or should be
reduced from the amount specified in the penalty notice.
Notwithstanding Chapter 4.5 (commencing with Section 11400) of, and
Chapter 5 (commencing with Section 11500) of, Part 1 of Division 3 of
Title 2 of the Government Code or any other provision of law, this
section does not require the department to conduct either a formal or
informal hearing. The secretary instead may dispose of the matter
upon review of the documentation presented.
   (c) Any person upon whom a civil penalty is levied may appeal to
the secretary within 20 days of the date of receiving notification of
the penalty, as follows:
   (1) The appeal shall be in writing and signed by the appellant or
his or her authorized agent and shall state the grounds for the
appeal.
   (2) Any party, at the time of filing the appeal, or within 10 days
thereafter, may present written evidence and a written argument to
the secretary.
   (3) The secretary may grant oral arguments upon application made
at the time written arguments are made.
   (4) If an application to present an oral argument is granted,
written notice of the time and place for the oral argument shall be
given at least 10 days prior to the date set therefor. This time
requirement may be altered by an agreement between the secretary and
the person appealing the penalty.
   (5) The secretary shall decide the appeal on any oral or written
arguments, briefs, and evidence that he or she has received.
   (6) The secretary shall render a written decision within 45 days
of the date of appeal, or within 15 days of the date of oral
arguments. A copy of the secretary's decision shall be delivered or
mailed to the appellant.
   (7) The secretary may sustain the decision, modify the decision by
reducing the amount of the penalty levied, or reverse the decision.
   (8) A review of the decision of the secretary may be sought by the
appellant pursuant to Section 1094.5 of the Code of Civil Procedure.

   (d) (1) If the person upon whom a penalty is levied does not file
a petition for a writ of administrative mandamus, the court, upon
receiving a certified copy of the department's final decision that
directs payment of a civil penalty, shall enter judgment in favor of
the department.
   (2) After completion of the appeal procedure provided for in this
section, the secretary may file a certified copy of the department's
final decision that directs payment of a civil penalty and, if
applicable, any order denying a petition for a writ of administrative
mandamus, with the clerk of the superior court of any county that
has jurisdiction over the matter. No fees shall be charged by the
clerk of the superior court for the performance of any official
services required in connection with the entry of judgment pursuant
to this section.
   (e) Any penalties levied by the secretary pursuant to this section
shall be deposited in the Department of Food and Agriculture Fund,
and upon appropriation by the Legislature, shall be used for the
purposes described in Section 221.
  SEC. 4.  Section 2462 of the Vehicle Code is amended to read:
   2462.  (a) In addition to any other records required to be kept
pursuant to Chapter 5 (commencing with Section 19200) of Part 3 of
Division 9 of the Food and Agricultural Code, every licensed renderer
shall record and keep for two years, in connection with the receipt
of kitchen grease that is not intended for human food, all of the
following information:
   (1) The name, address, and registration number of every
transporter of inedible kitchen grease who has delivered that
material to the renderer.
   (2) The total amount of inedible kitchen grease purchased in each
transaction.
   (3) The date of each transaction.
   (b) Every registered transporter of inedible kitchen grease shall
record and maintain for two years all of the following:
   (1) The name and address of each location from which the
transporter obtained the inedible kitchen grease.
   (2) The quantity of material received from each location.
   (3) The date on which the inedible kitchen grease was obtained
from each location.
  SEC. 5.  Section 2468 of the Vehicle Code is amended to read:
   2468.  (a) Any licensed renderer who fails in any respect to keep
the written records required by this article, or to set out in that
written record any matter required by this article to be set out in
the record, is guilty of a misdemeanor.
   (b) Every licensed renderer or registered transporter who refuses,
upon demand of any peace officer, to exhibit any written record
required by this article, or who destroys that record within two
years after making the final entry of any information required by
this article, is guilty of a misdemeanor.
   (c) Any violation of subdivision (a) or (b) is punishable as
follows:
   (1) For a first offense, by a fine of not less than five hundred
dollars ($500), or by imprisonment in the county jail for not more
than 30 days, or by both that fine and imprisonment.
   (2) For a second offense within a period of one year, by a fine of
not less than one thousand dollars ($1,000), or by imprisonment in
the county jail for not more than 30 days, or by both that fine and
imprisonment. In addition to any other punishment imposed pursuant to
this paragraph, the court may order the defendant to stop engaging
in the business as a transporter or renderer for a period not to
exceed 30 days.
   (3) For a third or any subsequent offense within a period of two
years, by a fine of not less than two thousand dollars ($2,000), or
by imprisonment in the county jail for not more than six months, or
by both that fine and imprisonment. In addition to any other sentence
imposed pursuant to this paragraph, the court shall order the
defendant to stop engaging in the business as a transporter or
renderer for a period of 30 days.
  SEC. 6.  Section 2478 of the Vehicle Code is amended to read:
   2478.  (a) Any person who is found guilty of violating Section
2470, 2472, 2474, or 2476, or the rules and regulations promulgated
under those provisions, is subject to imprisonment in a county jail
for not more than one year, or a fine of not more than five thousand
dollars ($5,000), or both that imprisonment and fine.
   (b) If the conviction is a second or subsequent conviction of a
violation described in subdivision (a), or the violation is committed
with intent to defraud or mislead, the person is subject to
imprisonment pursuant to subdivision (h) of Section 1170 of the Penal
Code, or a fine of not more than fifteen thousand dollars ($15,000),
or both that imprisonment and fine.
  SEC. 7.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.