BILL ANALYSIS Ó
AB 2378
Page 1
Date of Hearing: April 11, 2012
ASSEMBLY COMMITTEE ON AGRICULTURE
Cathleen Galgiani, Chair
AB 2378 (Huber) - As Amended: March 29, 2012
SUBJECT : Rendering: enforcement.
SUMMARY : Increases the fines for violations of the renderers and
transporters of inedible kitchen grease statutes and regulations;
provides court procedures for handling appeals and judgments; expands
the requirements for keeping records for renderers, collection centers
and transporters of inedible kitchen grease; and, makes conforming
changes to related codes. Specifically, this bill :
1)Adds fines or county jail, or both fines and county jail, for any
licensed renderer or collection center who fails to keep records in
accordance with this article; expands from one year to two years the
requirement for any renderer, collection center operator, or
transporter, to provide any peace officer or employee of the
California Department of Food and Agriculture (CDFA) any written
record required by this article or who has destroyed such records
before two years.
2)Increases the fines for violations of this chapter of not more than
$1,000 up to not more than $5,000, but if the violation occurs after
a conviction under this section or was committed with the intent to
defraud or mislead, the fine is increased from not more than $10,000
to not more than $15,000.
3)Increases CDFA's civil penalty, for violations of the statutes or
regulations of rendering or collections' center's licensure, or
registration by transporters of inedible kitchen grease, from not
more than $1,000 to not more than $5,000.
4)Increases the appeal period for any person, upon receiving
notification of a civil penalty,
from 10 days to 20 days of receipt.
5)Creates a procedure for the courts, should any penalized person not
file a petition for a writ of administrative mandamus, upon
receiving a certified copy of CDFA's final decision, requiring the
courts to enter a judgment in favor of CDFA.
6)Upon completion of the appeal process provided in this section, CDFA
may file a certified copy of CDFA's final decision that directs
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payment of a civil penalty, and other applicable documents, with the
Superior Court Clerk of the county of jurisdiction. Prohibits a
Superior Court Clerk to charge any fees for the performance of entry
of such judgment.
7)Conforms the Vehicle Code to changes in the Food and Agricultural
Code (#1 and #2 above) by increasing from one year to two years the
requirement of keeping specified records for licensed renderers and
transporters of inedible kitchen grease and increases the fines for
violations of such from not more than $1,000 to not more than
$5,000.
8)Legislative Counsel has included a non-reimbursement mandate clause.
EXISTING LAW , in the Food and Agricultural Code (FAC), provides for
the licensure or registration of pet food processors, importers of
meats for pet food, renderers, transporters of inedible kitchen
grease, dead haulers, slaughterers, and collection centers, and
provides for denial, revocation or suspension of licenses or
registration. Statutes provide definitions, establish license and
registration requirements and fees, establish record keeping
requirements, authorize inspections and states violations, make it a
crime to steal or contaminate inedible kitchen grease, jail and/or
fines and appeal processes for violations, and authorize the adoption
of rules or regulations to carry out the purpose of the statutes.
Current record keeping requirements are for one year for renderers,
transporters of inedible kitchen grease and collection centers, and
two years for renderers transporting inedible kitchen grease.
The Vehicle Code almost mirrors the language for renderers and
transporters of inedible kitchen grease as the FAC, except for
licensing and registration, as described above, and requires a license
or registration issued by CDFA.
FISCAL EFFECT : Unknown. Legislative Counsel has keyed this bill
fiscal.
COMMENTS : According to the bill's author, "... with increased demand
for inedible kitchen grease to use as biofuel and animal feed, as well
as the rising prices for all commodities, there has been a significant
increase in the theft of such grease. ... CDFA and local law
enforcement representatives recently reviewed the current enforcement
and penalties of this theft and determined that the current penalty
structure is too low and now considered the cost of doing business for
some offenders."
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The cost of entry into hauling inedible kitchen grease is low, so when
prices for it increase, thieves see an opportunity for quick profits.
The Legislature has dealt with several policy issues on this grease
over the last decade (see Previous Legislation below). In 1998, an
article was added to the Department of Highway Patrol's code in the
Vehicle Code that mirrored the Food and Agricultural Code (FAC) to
deal with renderers and transporters of inedible kitchen grease, to
address concerns from the Patrol that they did not have the authority
to enforce FAC. However, these crimes typically have a fiscal impact
to the rendering industry, but not bodily injury, so it is a lower
concern for law enforcement. Further, with local and state law
enforcement personnel being reduced statewide, enforcement will
continue to be a problem. CDFA has a limited enforcement staff.
The most recent rendering legislation created a formal rendering
advisory board made up of industry members and including a public
member with experience in water quality, publicly owned treatment
works and water infrastructure, or law enforcement. The purpose of
this member is to assist CDFA in dealing with issues of theft, illegal
dumping and contamination of water sources and public treatment works.
The committee may wish to consider if the increase of one year for
record keeping, and if the adding jail and/or a fine for the failure
to keep records for two years, as well as the significant increases in
levels of fines for violations, will be sufficient to deter thiefs of
inedible kitchen grease. The issue of theft of inedible kitchen
grease is a problem across the nation.
PREVIOUS LEGISLATION : SB 513 (Canella), Chapter 337, Statutes of
2011, created the Rendering Industry Advisory Board, including
membership and duties, and reauthorized the licensing of renderers and
the collection of fees to sunset January 1, 2016.
AB 2612 (Committee on Agriculture), Chapter 393, Statutes of 2010, the
Committee Omnibus bill included, among other provisions, expanded
rendering definitions of a "collection center," changed the collection
centers' licensure expiration date, and exempted collection centers
from specified fees.
AB 1249 (Galgiani), Chapter 280, Statutes of 2009, created an
exception, upon the declaration of a state of emergency or a local
emergency, to the rules governing the transportation of dead animals
by licensed dead animal haulers, and extended the sunset date to
January 1, 2016, for the CDFA administration fee for the Inedible
Kitchen Grease Program.
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AB 1846 (Adams), Chapter 321, Statutes of 2008, exempted individuals
that collect and haul inedible kitchen grease for their sole personal
use as vehicle fuel for non-commercial purposes in loads limited to no
more than 50 gallons, from the additional per vehicle fee authorized
to fund the administrative costs for the program, while requiring them
to meet all other current requirements.
AB 1065 (Matthews), Chapter 533, Statutes of 2005, authorized CDFA to
establish a method for tracking inedible kitchen grease; defined
"interceptor grease"; separated requirements for licensed renders and
transporters; required transporters to be insured; changed the
suspension or revocation of a license or registration; expanded the
conditions that may lead to a suspension or revocation of a license or
registration; and, made related technical changes.
AB 2633 (Frommer), Vetoed by the Governor, Session of 2004, created
the Interceptor Grease Transportation, Recycling and Disposal Act of
2004; provided legislative intent language; established new and
expands existing definitions; established a new registration process
to transport or manage interceptor grease, including the authority to
deny, suspend or revoke a registration based upon specified
conditions; created a new crime to transport or manage interceptor
grease unless by a registrant; specified requirements for removal of
grease; required specified manifest procedure and reporting
requirements; designated who may receive interceptor grease and its
use; and, established penalties.
AB 1071 (Matthews), Chapter 929, Statutes of 2004, among other
provisions, extended the sunsets to 2011 for the licensing of
renderers and collection centers and the registration of transporters
of inedible kitchen grease and collection centers; permitted the use
of rendered products in accordance with the United States Food and
Drug Administration rules and regulations; and, required a registrant
to notify a county health officer when a contract is terminated or
expires.
AB 2981 (Committee on Agriculture), Chapter 337, Statutes of 2002, the
committee Omnibus Bill, included, among other provisions, expanded the
definition of a transporter for inedible kitchen grease and rendering
to include those engaged in similar activities.
REGISTERED SUPPORT / OPPOSITION :
Support
Pacific Coast Renderers Association (Co-Sponsor)
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California Grain and Feed Association (Co-Sponsor)
Opposition
None on file.
Analysis Prepared by : Jim Collin / AGRI. / (916) 319-2084