Amended in Senate July 11, 2013

Amended in Assembly May 8, 2013

Amended in Assembly March 12, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 333

Introduced by Assembly Member Wieckowski

February 13, 2013

An act to amend Sections 117695, 117710, 117765, begin insert 117903, 117918, 117935, 117943, 117945, 117950, 117960, 117970, end insert begin insert 118025, end insert 118027, and 118240 of, begin insert to add Sections 117946 and 117976 to, end insert and to repeal and add begin delete Section end delete begin insert Sections end insert 117630 begin insert , 117662, 117750, 117770, 117780, and 117975 end insert of, the Health and Safety Code, relating to medical waste.

LEGISLATIVE COUNSEL’S DIGEST

AB 333, as amended, Wieckowski. Medical waste.

(1) Existing law, the Medical Waste Management Act, regulates the disposal of medical waste, including requiring specified biohazard materials to be disposed of in biohazard bags and requiring specified treatment for medical waste. Transportation, storage, treatment, or disposal of medical waste in a manner not authorized by the act is a crime. begin insert Existing law defines specified terms for purposes of the Medical Waste Management Act, including “biohazard bag,” “medical waste management plan,” “health care professional,” “sharps container,” “shipping document,” and “treatment.” Under existing law, health care professionals who generate medical waste are generally required to have medical waste transported by a registered hazardous waste transporter. Under existing law , a health care professional is a person licensed under specified provisions, including dentists and physicians and surgeons. end insert

begin delete

Existing law defines a biohazard bag as a disposable red bag that has the strength to preclude ripping, tearing, or bursting under normal conditions of usage and handling and that is constructed of material of sufficient single thickness strength to pass the 165-gram dropped dart impact resistance test, as specified, and certified by the bag manufacturer.

end delete begin delete

This bill would change the definition of a biohazard bag to a film bag certified by the manufacturer as having passed specified tests for tear resistance and impact resistance. The bill would require a biohazard bag to be red unless other colors are used to further segregate the waste stream. If additional colors are used, the bill would require the color assignments to be designated in the facility’s medical waste management plan.

end delete begin delete

(2) Existing law defines a medical waste management plan as a document that is completed by generators of medical waste, as specified, on forms provided by the State Department of Public Health or a local agency.

end delete begin delete

This bill would define a medical waste management plan as a document that describes how the medical waste generated at a generator’s facility shall be segregated, handled, stored, packaged, treated, or shipped for treatment, as applicable, and would only require the plan to be on department forms if those forms are provided by the department or local agency.

end delete begin insert

This bill would redefine the above-referenced terms for purposes of the Medical Waste Management Act and expand the scope of a health care professional to include any person who generates medical waste in a health care setting or in the course of providing health care services.

end insert begin insert

(2) Under the Medical Waste Management Act, medical waste generators, including large quantity generators and small quantity generators, are subject to various requirements relating to registration, record retention, and transportation of medical waste.

end insert begin insert

This bill would revise the registration procedures and the record requirements for large quantity and small quantity generators. The bill would exempt from regulation as a hazardous waste hauler a small quantity generator or large quantity generator that meets specified requirements, including retaining specified documentation and complying with certain federal requirements relating to a materials of trade exception.

end insert begin insert

The bill would make technical, conforming, and clarifying changes relating to these provisions.

end insert

(3) Existing law exempts from specified provisions of the Medical Waste Management Act a person who is authorized to collect solid waste and who unknowingly transports medical waste to a solid waste facility, incidental to the collection of solid waste.

This bill would exempt those persons from the entire act, with regard to that waste, and would require the solid waste transporter to contact the originating generator of the medical waste to respond to the facility to provide ultimate proper disposal of the medical waste.

(4) Existing law requires that animals that die of infectious diseases be treated as medical waste, as specified, if, in the opinion of the attending veterinarian or local health officer, the carcass presents a danger of infection to humans.

This bill would require the carcasses of animals that have died of infectious diseases or that have been euthanized because of suspected exposure to infectious disease to be treated with a treatment technology approved by the department if, in the opinion of the attending veterinarian or local health officer, the carcass presents a danger of infection to humans. By expanding the definition of a crime, this bill would create a state-mandated local program.

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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 117630 of the Health and Safety Code
is repealed.

SEC. 2.  

Section 117630 is added to the Health and Safety Code,
to read:

117630.  

“Biohazard bag” means a disposable film bag that is
impervious to moisture. The film bags that are used for transport
shall be marked and certified by the manufacturer as having passed
the tests prescribed for tear resistance in the American Society for
Testing Materials (ASTM) D1922, “Standard Test Method for
Propagation Tear Resistance of Plastic Film and Thin Sheeting by
Pendulum Method” and for impact resistance in ASTM D 1709,
“Standard Test Methods for Impact Resistance of Plastic Film by
the Free-Falling Dart Method,” as those documents are published
on January 1, 2014. The film bag shall meet an impact resistance
of 165 grams and a tearing resistance of 480 grams in both parallel
and perpendicular planes with respect to the length of the bag. The
color of the bag shall be red, except when other colors are used to
further segregate the waste stream, including for trace
chemotherapy wastes, laboratory wastes, and other subsets of the
waste stream. If additional colors are used other than the standard
red bag, the color assignments shall be designated in the facility’s
medical waste management plan.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 117662 of the end insert begin insert Health and Safety Code end insert begin insert is
repealed. end insert

begin delete

117662.  

“Health care professional” means any person licensed
or certified pursuant to Division 2 (commencing with Section 500)
of the Business and Professions Code; any person licensed pursuant
to the Osteopathic Initiative Act, as set forth in Chapter 8
(commencing with Section 3600) of Division 2 of the Business
and Professions Code, or pursuant to the Chiropractic Initiative
Act, as set forth in Chapter 2 (commencing with Section 1000) of
Division 2 of the Business and Professions Code; and any person
certified pursuant to Division 2.5 (commencing with Section 1797).

end delete

begin insert

begin insert SEC. 4. end insert   

Section 117662 is added to the Health and Safety Code,
to read:

begin insert 117662. end insert   

“Health care professional” means any person who
generates medical waste in a health care setting or in the course
of providing a health care service.

end insert

begin delete SEC. 3. end delete
begin insert SEC. 5. end insert   

Section 117695 of the Health and Safety Code is
amended to read:

117695.  

Medical waste that has been treated in accordance
with the provisions of the Medical Waste Management Act,
Chapter 8 (commencing with Section 118215), and that is not
otherwise hazardous, shall thereafter be considered solid waste as
defined in Section 40191 of the Public Resources Code and not
medical waste.

begin delete SEC. 4. end delete
begin insert SEC. 6. end insert   

Section 117710 of the Health and Safety Code is
amended to read:

117710.  

“Medical waste management plan” means a document
that is completed by generators of medical waste that describes
how the medical waste generated at their facility shall be
segregated, handled, stored, packaged, treated, or shipped for
treatment, as applicable, pursuant to Section 117935 for small
quantity generators and Section 117960 for large quantity
generators, on forms prepared by the enforcement agency, if those
forms are provided by the enforcement agency.

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 117750 of the end insert begin insert Health and Safety Code end insert begin insert is
repealed. end insert

begin delete

117750.  

“Sharps container” means a rigid puncture-resistant
container that, when sealed, is leak resistant and cannot be reopened
without great difficulty.

end delete

begin insert

begin insert SEC. 8. end insert   

Section 117750 is added to the Health and Safety Code,
to read:

begin insert 117750. end insert   

(a) “Sharps container” means a rigid
puncture-resistant container used in patient care or research
activities meeting the standards of, and receiving approval from,
the federal Food and Drug Administration as a medical device
used for the collection of discarded medical needles, other sharps,
or, except as specified in subdivision (b), other waste.

(b) For purposes of subdivision (a), “other waste” does not
include any waste that is regulated pursuant to either of the
following:

(1) The federal Resource Conservation and Recovery Act of
1976, as amended (42 U.S.C. Sec. 6901 et seq.).

(2) The Radiation Control Law (Chapter 8 (commencing with
Section 114960) of Part 9).

end insert

begin delete SEC. 5. end delete
begin insert SEC. 9. end insert   

Section 117765 of the Health and Safety Code is
amended to read:

117765.  

“Storage” means the holding of medical wastes, in
compliance with the Medical Waste Management Act, including
Chapter 9 (commencing with Section 118275), at a designated
accumulation area, offsite point of consolidation, transfer station,
other registered facility, or in a vehicle detached from its means
of locomotion.

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 117770 of the end insert begin insert Health and Safety Code end insert begin insert is
repealed. end insert

begin delete

117770.  

“Tracking document” means the medical waste
tracking document specified in Section 118040.

end delete

begin insert

begin insert SEC. 11. end insert   

Section 117770 is added to the Health and Safety
Code, to read:

begin insert 117770. end insert   

“Shipping document” means the medical waste
shipping document required by the federal Department of
Transportation pursuant to Section 172.200 et seq. of Title 49 of
the Code of Federal Regulations.

end insert

begin insert

begin insert SEC. 12 end insert begin insert . end insert   

end insert

begin insert Section 117780 of the end insert begin insert Health and Safety Code end insert begin insert is
repealed. end insert

begin delete

117780.  

“Treatment” means any method, technique, or process
designed to change the biological character or composition of any
medical waste so as to eliminate its potential for causing disease,
as specified in Chapter 8 (commencing with Section 118215).

end delete

begin insert

begin insert SEC. 13. end insert   

Section 117780 is added to the Health and Safety
Code, to read:

begin insert 117780. end insert   

“Treatment” includes any of the following:

(a) Treatment for biohazardous waste is any method, technique,
or process designed to change the biological character or
composition of any biohazardous medical waste so as to eliminate
its potential for causing disease.

(b) Treatment for pharmaceutical waste is any method,
technique, or process designed to destroy the character or
composition of any pharmaceutical medical waste so as to
eliminate its potential for creating public or environmental health
harm.

(c) Treatment for sharps waste is any method, technique, or
process designed to change the biological character or composition
of any biohazardous material found on the sharp so as to eliminate
its potential for causing disease.

end insert

begin insert

begin insert SEC. 14. end insert   

end insert

begin insert Section 117903 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

117903.  

No person shall treat medical waste unless the person
is permitted by the enforcement agency as required by this part or
unless the treatment is performed by a medical waste generator
and is a treatment method approved pursuant to begin delete subdivision (d) of
Section 118215 end delete begin insert Chapter 8 (commencing with Section 118215) end insert .

begin insert

begin insert SEC. 15. end insert   

end insert

begin insert Section 117918 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

117918.  

begin delete Treatment of medical end delete begin insert Medical end insert begin insert end insert waste shall be begin insert treated
using treatment technologies approved by the department end insert in
accordance with Chapter 8 (commencing with Section 118215).

begin insert

begin insert SEC. 16. end insert   

end insert

begin insert Section 117935 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

117935.  

Any small quantity generator required to register with
the enforcement agency pursuant to Section 117930 shall file with
the enforcement agency a medical waste management plan, begin delete on
forms prescribed by the enforcement agency end delete containing, but not
limited to, all of the following begin insert that apply end insert :

(a) The name of the person.

(b) The business address of the person.

(c) The type of business.

(d) The types, and the estimated average monthly quantity, of
medical waste generated.

(e) The type of treatment used onsite.

(f) The name and business address of the registered hazardous
waste hauler used by the generator for backup treatment and
disposal, for waste when the onsite treatment method is not
appropriate due to the hazardous or radioactive characteristics of
the begin delete waste, the end delete begin insert waste. end insert

begin insert (g) end insert begin insert   end insert begin insert The end insert name of the registered hazardous waste hauler used by
the generator to have untreated medical waste removed for
treatment and begin delete disposal, and, if applicable, the end delete begin insert disposal. end insert

begin insert (h) end insert begin insert   end insert begin insert The end insert name of the common carrier used by the generator to
transport pharmaceutical waste offsite for treatment and disposal
pursuant to Section 118032.

begin delete

(g) A statement indicating that the generator is hauling the
medical waste generated in his or her business pursuant to Section
118030 and the name and any business address of the treatment
and disposal facilities to which the waste is being hauled, if
applicable.

end delete begin delete

(h) The name and business address of the registered hazardous
waste hauler service provided by the building management to
which the building tenants may subscribe or are required by the
building management to subscribe and the name and business
address of the treatment and disposal facilities used, if applicable.

end delete begin insert

(i) The steps taken to categorize the pharmaceutical wastes
generated at the facility to ensure that the wastes are properly
disposed of as follows:

end insert begin insert

(1) Pharmaceutical wastes classified by the federal Drug
Enforcement Agency (DEA) as “controlled substances” are
disposed of in compliance with DEA requirements.

end insert begin insert

(2) The name and business address of the hazardous waste
hauler used by the generator to have wastes that are not regulated
pursuant to the federal Resource Conservation and Recovery Act
of 1976 and nonradioactive pharmaceutical wastes regulated as
medical waste safely removed for treatment in compliance with
subdivision (b) of Section 118222 as waste requiring specific
methods.

end insert begin insert

(j) A closure plan for the termination of treatment at the facility.

end insert begin delete

(i)

end delete

begin insert (k) end insert  A statement certifying that the information provided is
complete and accurate.

begin insert

begin insert SEC. 17. end insert   

end insert

begin insert Section 117943 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

117943.  

A medical waste generator required to register pursuant
to this chapter shall maintain begin insert for a minimum of two years end insert individual
begin delete treatment, and tracking records, if applicable, for three years, or
for the period specified in the regulations, end delete begin insert treatment operating
records, and if applicable, shipping documents for all untreated
medical waste shipped offsite for treatment, end insert and shall report or
submit to the enforcement agency, upon request, begin delete both end delete begin insert all end insert of the
following:

(a) Treatment operating records. begin insert Operating records shall be
maintained in written or electronic form. end insert

(b) An emergency action plan complying with regulations
adopted by the department.

begin insert

(c) Shipping documents or electronically archived shipping
documents maintained by the facility or medical waste hauler of
all untreated medical waste shipped offsite for treatment.

end insert begin insert

(d) Documentation shall be made available to the enforcement
agency onsite as soon as feasible, but no more than two business
days following the request.

end insert

begin insert

begin insert SEC. 18. end insert   

end insert

begin insert Section 117945 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

117945.  

Small quantity generators who are not required to
register pursuant to this chapter shall maintain on file in their office
all of following:

(a) An information document stating how the generator contains,
stores, treats, and disposes of any medical waste generated through
any act or process of the generator.

(b) Records begin insert required by the federal Department of
Transportation end insert of any medical waste begin delete transported end delete begin insert shipped end insert offsite
for treatment and begin delete disposal, including the quantity of waste
transported, the date transported, the name of the registered
hazardous waste hauler or individual hauling the waste pursuant
to Section 118030, and, if applicable, the name of the common
carrier transporting pharmaceutical waste pursuant to Section
118032. The small quantity generator shall maintain these records
for not less than two years end delete begin insert disposal end insert . begin insert The small quantity generator
shall maintain, or have available electronically at the facility or
from the medical waste hauler or common carrier, these records,
for not less than two years. end insert

begin insert

(c) Documentation shall be made available to the enforcement
agency onsite as soon as feasible, but no more than two days
following the request.

end insert

begin insert

begin insert SEC. 19. end insert   

end insert

begin insert Section 117946 is added to the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

begin insert

begin insert 117946. end insert   

(a) A small quantity medical waste generator or
parent organization that employs health care professionals who
generate medical waste may transport medical waste generated
in limited quantities to the central location of accumulation,
provided that all of the following are met:

(1) The principal business of the generator is not to transport
or treat regulated medical waste.

(2) The generator shall adhere to the conditions and
requirements set forth in the materials of trade exception, as
specified in Section 173.6 of Title 49 of the Code of Federal
Regulations.

(3) A person transporting medical waste pursuant to this section
shall provide a form or log to the receiving facility, and the
receiving facility shall maintain the form or log for a period of
two years, containing all of the following information:

(A) The name of the person transporting the medical waste.

(B) The number of containers of medical waste transported.

(C) The date the medical waste was transported.

(b) A generator transporting medical waste pursuant to this
section shall not be regulated as a hazardous waste hauler
pursuant to Section 117660.

end insert

begin insert

begin insert SEC. 20. end insert   

end insert

begin insert Section 117950 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

117950.  

(a)  Each large quantity generator, except as specified
in subdivisions (b) and (c), shall register with the enforcement
begin delete agency. Large quantity generators owning or operating a medical
waste treatment facility shall also apply for a permit for that
treatment facility pursuant to Chapter 7 (commencing with Section
118130) end delete begin insert agency prior to commencement of the generation of
medical waste end insert .

(b)  Large quantity generators operating as a business in the
same building, or that are associated with a group practice in the
same building, may register as one generator.

(c)  Large quantity generators as specified in subdivision (a),
operating in different buildings on the same or adjacent property,
or as approved by the enforcement agency, may register as one
generator.

(d)  “Adjacent,” for purposes of subdivision (c), means real
property within 400 yards from the property boundary of the
primary registration site. begin insert All federal transportation requirements
specified in Section 173.6 of Part 49 of the Code of Federal
Regulations shall apply for purposes of transporting medical waste
from adjacent properties. end insert

begin insert

begin insert SEC. 21. end insert   

end insert

begin insert Section 117960 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

117960.  

Any large quantity generator required to register with
the enforcement agency begin delete pursuant to Section 117950 end delete shall file with
the enforcement agency a medical waste management begin delete plan, on
forms prescribed by the enforcement agency end delete begin insert plan end insert containing, but
not limited to, all of the following:

(a) The name of the person.

(b) The business address of the person.

(c) The type of business.

(d) The types, and the estimated average monthly quantity, of
medical waste generated.

(e) The type of treatment used onsite, if applicable. For
generators with onsite medical waste treatment facilities, begin delete including
incinerators or steam sterilizers or other treatment facilities as
determined by the enforcement agency, end delete the treatment capacity of
the onsite treatment facility.

(f) The name and business address of the registered hazardous
waste hauler used by the generator to have untreated medical waste
removed for treatment, if applicable, and, if applicable, the name
and business address of the common carrier transporting
pharmaceutical waste pursuant to Section 118032.

begin delete

(g) The name and business address of the registered hazardous
waste hauler service provided by the building management to
which the building tenants may subscribe or are required by the
building management to subscribe, if applicable.

end delete begin delete

(h)

end delete

begin insert (g) end insert  The name and business address of the offsite medical waste
treatment facility to which the medical waste is being hauled, if
applicable.

begin delete

(i)

end delete

begin insert (h) end insert  An emergency action plan complying with regulations
adopted by the department.

begin insert

(i) If applicable, the steps taken to categorize the pharmaceutical
wastes generated at the facility to ensure that the wastes are
properly disposed of as follows:

end insert begin insert

(1) Pharmaceutical wastes classified by the federal Drug
Enforcement Agency (DEA) as “controlled substances” are
disposed of in compliance with DEA requirements.

end insert begin insert

(2) The name and business address of the hazardous waste
hauler used by the generator to have wastes that are not regulated
pursuant to the federal Resource Conservation and Recovery Act
of 1976 and nonradioactive pharmaceutical wastes regulated as
medical wastes safely removed for treatment in compliance with
subdivision (b) of Section 118222, as waste requiring specific
methods.

end insert begin insert

(j) A closure plan for the termination of treatment at the facility.

end insert begin delete

(j)

end delete

begin insert (k) end insert  A statement certifying that the information provided is
complete and accurate.

begin insert

begin insert SEC. 22. end insert   

end insert

begin insert Section 117970 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

117970.  

(a) Each enforcement agency shall follow procedures
consistent with this chapter in registering medical waste generators.

(b) Each medical waste registration issued by the enforcement
agency begin insert for large quantity generators end insert shall be valid for one year.

(c) An application for renewal of the registration shall be filed
with the enforcement agency not less than 90 days prior to the
expiration date. Failure to meet this requirement shall result in an
assessment of a late fee.

(d) Generators shall begin delete submit within 30 days an updated
application form when any of the information specified in
subdivisions (a) to (j), inclusive, of Section 117960 changes end delete begin insert update
their medical waste management plan within 30 days when any of
the information in their medical waste management plan changes
and shall have the plan on file for review during an inspection or
upon request end insert .

begin insert

begin insert SEC. 23. end insert   

end insert

begin insert Section 117975 of the end insert begin insert Health and Safety Code end insert begin insert is
repealed. end insert

begin delete

117975.  

A medical waste generator required to register pursuant
to this chapter shall maintain individual treatment, and tracking
records, if medical waste is removed from the generator’s site for
treatment, for three years or for the period specified in the
regulations.

end delete

begin insert

begin insert SEC. 24. end insert   

Section 117975 is added to the Health and Safety
Code, to read:

begin insert 117975. end insert   

(a)  A large quantity medical waste generator required
to register pursuant to this chapter shall maintain for a minimum
of two years individual treatment records and shipping documents
for all untreated medical waste shipped offsite for treatment. The
generator shall report or submit to the enforcement agency, upon
request, all of the following:

(1) Treatment operating records. Operating records shall be
maintained in written or electronic form.

(2) An emergency action plan in accordance with regulations
adopted by the department.

(3) Shipping documents or electronically archived shipping
documents maintained by the facility or medical waste hauler of
all untreated medical wastes shipped offsite for treatment.

(b) Documentation shall be made available to the enforcement
agency onsite as soon as feasible, but no more than two business
days following the request.

end insert

begin insert

begin insert SEC. 25. end insert   

end insert

begin insert Section 117976 is added to the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

begin insert

begin insert 117976. end insert   

(a) A large quantity medical waste generator or
parent organization that employs health care professionals who
generate medical waste may transport medical waste generated
in limited quantities to the central location of accumulation,
provided that all of the following are met:

(1) The principal business of the generator is not to transport
or treat regulated medical waste.

(2) The generator shall adhere to the conditions and
requirements set forth in the materials of trade exception, as
specified in Section 173.6 of Title 49 of the Code of Federal
Regulations.

(3) A person transporting medical waste pursuant to this section
shall provide a form or log to the receiving facility, and the
receiving facility shall maintain the form or log for a period of
two years, containing all of the following information:

(A) The name of the person transporting the medical waste.

(B) The number of containers of medical waste transported.

(C) The date the medical waste was transported.

(b) A generator transporting medical waste pursuant to this
section shall not be regulated as a hazardous waste hauler
pursuant to Section 117660.

end insert

begin insert

begin insert SEC. 26. end insert   

end insert

begin insert Section 118025 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

118025.  

All medical waste shall be hauled by begin delete either end delete a registered
hazardous waste hauler or by a person with an begin delete approved
limited-quantity exemption granted pursuant to Section 118030 end delete
begin insert exception granted pursuant to Section 117946 for small quantity
generators or pursuant to Section 117976 for large quantity
generators end insert .

begin delete SEC. 6. end delete
begin insert SEC. 27. end insert   

Section 118027 of the Health and Safety Code is
amended to read:

118027.  

A person who is authorized to collect solid waste, as
defined in Section 40191 of the Public Resources Code, who
unknowingly transports medical waste to a solid waste facility, as
defined in Section 40194 of the Public Resources Code, incidental
to the collection of solid waste begin insert , end insert is exempt from the provisions of
the Medical Waste Management Act with regard to that waste. If
a solid waste transporter discovers that he or she has hauled
untreated medical waste to a landfill or materials recovery facility,
he or she shall contact the originating generator of the medical
waste to respond to the landfill or recovery facility to provide
ultimate proper disposal of the medical waste.

begin delete SEC. 7. end delete
begin insert SEC. 28. end insert   

Section 118240 of the Health and Safety Code is
amended to read:

118240.  

Notwithstanding Section 9141 of the Food and
Agricultural Code, animals that die from infectious diseases or
that are euthanized because they are suspected of having been
exposed to infectious disease shall be treated with a treatment
technology approved by the department for that use if, in the
opinion of the attending veterinarian or local health officer, the
carcass presents a danger of infection to humans.

begin delete SEC. 8. end delete
begin insert SEC. 29. end insert   

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.