BILL NUMBER: SB 513	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 30, 2011
	PASSED THE ASSEMBLY  AUGUST 25, 2011
	AMENDED IN ASSEMBLY  JULY 1, 2011
	AMENDED IN ASSEMBLY  JUNE 20, 2011

INTRODUCED BY   Senator Cannella

                        FEBRUARY 17, 2011

   An act to amend Sections 47021 and 47026 of, to add Article 1.5
(commencing with Section 19218) to Chapter 5 of Part 3 of Division 9
of, and to add and repeal Section 19227 of, the Food and Agricultural
Code, relating to regulatory fees, and making an appropriation
therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 513, Cannella. Renderers and farmers' markets: regulatory fees.

   Existing 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. Existing law requires every
person engaged in the business of rendering to obtain a license from
the Department of Food and Agriculture for each rendering plant,
establishes the qualifications for obtaining that license, and
authorizes a peace officer or any employee of the department to
inspect any premises maintained by a renderer that is licensed
pursuant to these provisions.
   This bill would establish in state government a Rendering Industry
Advisory Board to advise and to make recommendations to the
Secretary of Food and Agriculture regarding, among other things,
licensing matters, regulations, procedures for employment, training,
supervision, and compensation of inspectors and other personnel, and
the rate and collection of license fees and penalties related
thereto. The board would consist of 7 members, appointed by the
Secretary of Food and Agriculture, 6 of whom are licensed pursuant to
the provisions described above and are subject to payment of the
rendering program licensing fees. The bill would specify the term of
office of members of the board and would require the board to meet at
least once a year. The bill would require the secretary, in adopting
regulations and procedures, to accept the recommendations of the
board if he or she finds them to be practicable and in the interest
of the rendering industry and the public.
   Existing law requires every person engaged in the business of
rendering or of operating a collection center to obtain a license
from the Department of Food and Agriculture for each rendering plant
or collection center operated, as specified. Existing law requires
licensees to keep specified records and authorizes the department to
suspend or revoke a registration certificate under specified
circumstances. Existing law regulates transporters of inedible
kitchen grease. Law operative until January 1, 2010, and repealed as
of January 1, 2011, authorized the collection of administrative fees,
as specified, from renderers and collection centers in connection
with rendering. Other provisions of existing law require the funds
collected to be deposited into a special fund, the continuously
appropriated Food and Agriculture Fund.
   This bill would reenact the provisions repealed as of January 1,
2011. The bill would make these provisions inoperative as of July 1,
2015. By reenacting these provisions requiring collection and deposit
of funds into a continuously appropriated fund, this bill would make
an appropriation.
   Existing law requires, until January 1, 2012, that every operator
of a certified farmers' market remit to the department a fee equal to
the number of agricultural producers participating on each market
day for the entire previous quarter which shall be used by the
department upon appropriation by the Legislature, as specified.
   This bill would extend these provisions until January 1, 2014.
   Existing law provides that California farmers may transport for
sale and sell California-grown fresh fruits, nuts, and vegetables
that they produce directly to the public at a certified farmers'
market, as specified. Existing law provides that it is unlawful for
any person operating under these provisions to commit certain acts
related to the conduct of farmers' markets. Existing law, until
January 1, 2012, provides that in lieu of prosecution, but not
precluding suspension or revocation of certified producer's
certificates or certified farmers' market certificates, the secretary
or the county commissioner may levy a civil penalty against a person
who violates these provisions or any regulation implemented pursuant
to these provisions, as specified.
   This bill would extend the provision authorizing the civil penalty
until January 1, 2014.
   Appropriation: yes.


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 seven persons, appointed by the
secretary, six of whom are licensed under this chapter and 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 one other member to the board who
shall be a public member. 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 six 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 member appointed by the secretary pursuant to
subdivision (a) shall have experience and expertise in 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 and regulations.
These expenses shall be paid out of appropriations made to the
department for that purpose.
   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, two members for two years, and two members
for one year. Thereafter, appointments shall be for full three-year
terms. Vacancies shall be filled for an unexpired term.
   19218.2.  The board shall elect a chairperson, and from time to
time any other officers as it may deem advisable.
   19218.3.  (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 five 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 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.
   19218.4.  (a) The board shall advise 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 submitted 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.
   19218.5.  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, but not limited to, material test
results, individual fee or license payments, rendering process, or
formula information.
   19218.6.  (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 the board if he or she finds them to be
practicable and in the interest of the rendering industry and the
public.
   19218.7.  The secretary shall, within 30 days of receiving a
recommendation from the board in accordance with this article,
provide the board with notice of the acceptance of the recommendation
or with a written statement of the reasons for denial if he or she
does not accept the recommendation.
  SEC. 2.  Section 19227 is added to the Food and Agricultural Code,
to read:
   19227.  (a) In addition to the license fee required pursuant to
Section 19225, the department may charge each licensed renderer and
collection center an additional fee necessary to cover the reasonable
costs of administering Article 6 (commencing with Section 19300) and
Article 6.5 (commencing with Section 19310). The additional fees
authorized to be imposed by this section may not exceed three
thousand dollars ($3,000) per year per each licensed rendering plant
or collection center.
   (b) The secretary shall fix the annual fee established pursuant to
this section and may fix different fees for renderers and collection
centers. The secretary shall also fix the date the fee is due and
the method of collecting the fee. If an additional fee is imposed on
licensed renderers pursuant to subdivision (a) and an additional fee
is imposed on registered transporters pursuant to subdivision (a) of
Section 19315, only one additional fee may be imposed on a person or
firm that is both licensed as a renderer pursuant to Article 6
(commencing with Section 19300) and registered as a transporter of
inedible kitchen grease pursuant to Article 6.5 (commencing with
Section 19310), which fee shall be the higher of the two fees.
   (c) If the fee established pursuant to this section is not paid
within one calendar month of the date it is due, a penalty shall be
imposed in the amount of 10 percent per annum on the amount of the
unpaid fee.
   (d) This section shall become inoperative on July 1, 2015, and, as
of January 1, 2016, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2016, deletes or
extends the dates on which it becomes inoperative and is repealed.
  SEC. 3.  Section 47021 of the Food and Agricultural Code is amended
to read:
   47021.  (a) Every operator of a certified farmers' market shall
remit to the department, within 30 days after the end of each
quarter, a fee equal to the number of certified producer certificates
and other agricultural producers participating on each market day
for the entire previous quarter. The fee shall be established by
January 1 of each year by the department upon the receipt of a budget
recommendation from the advisory committee. The fee shall not exceed
sixty cents ($0.60) for each certified producer certificate and
other agricultural producers participating on each market day. A
certified farmers' market may directly recover all or part of the fee
from the participating certified and other agricultural producers.
   (b) Any operator of a certified farmers' market who fails to pay
the required fee within 30 days after the end of the quarter in which
it is due, shall pay to the department a monthly interest charge on
the unpaid balance and a late penalty charge, to be determined by the
department and not to exceed the maximum amount permitted by law.
   (c) All fees collected pursuant to this section shall be deposited
in the Department of Food and Agriculture Fund. The money generated
by the imposition of the fees shall be used, upon appropriation by
the Legislature, by the department, to cover the reasonable costs to
carry out this chapter, including all of the following actions
undertaken by the department:
   (1) The coordination of the advisory committee.
   (2) The evaluation of county enforcement actions and assistance
with regard to multiple county enforcement problems.
   (3) The adoption of regulations to carry out this chapter.
   (4) Hearing appeals from actions taken by county agricultural
commissioners to enforce this chapter.
   (5) The review of rules or procedures established by a certified
farmers' market and the issuance of advisory opinions and the
provision of informal hearings pursuant to Section 47004.1 as to
whether the rules or procedures are consistent with this chapter and
implementing regulations.
   (6) The maintenance of a current statewide listing of certified
farmers' markets with schedules of operations and locations.
   (7) The maintenance of a current statewide listing of certified
producers.
   (8) The dissemination to all certified farmers' markets
information regarding the suspension or revocation of any producer's
certificate and the imposition of administrative penalties.
   (9) Other actions, including the maintenance of special fund
reserves, that are recommended by the advisory committee and approved
by the department for the purpose of carrying out this chapter.
   (d) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
  SEC. 4.  Section 47026 of the Food and Agricultural Code is amended
to read:
   47026.  This article shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.