Amended in Assembly March 17, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1566


Introduced by Assembly Member Holden

January 29, 2014


An act to amend Sections 2460, 2462, 2464, 2466, 2468, 2470, 2472,begin delete 2476, and 23109.2end deletebegin insert and 2476end insert of, and to add Sections 2480 and 2482 to, the Vehicle Code, relating to inedible kitchen grease.

LEGISLATIVE COUNSEL’S DIGEST

AB 1566, as amended, Holden. Inedible kitchen grease.

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, as defined. These regulatory provisions are enforced by the Department of Food and Agriculture.

Existing law requires every licensed renderer to record and keep for 2 years records containing specified information, including the name, address, and registration number of every transporter of inedible kitchen grease who has delivered to the renderer, the total amount of inedible kitchen grease purchased in each transaction, and the date of each transaction. Existing law provides that any licensed renderer who fails to keep specified records, and any licensed renderer or registered transporter who refuses, upon demand of any peace officer, to exhibit any required records, is guilty of a misdemeanor punishable by: (1) for a first offense, a fine of $500, imprisonment in a county jail, or both the fine and imprisonment; (2) for a 2nd offense within a period of one year, by a fine of not less than $1,000, imprisonment in a county jail, or both the fine and imprisonment; (3) for a 3rd or any subsequent offense within a period of 2 years, by a fine of not less than $2,000, imprisonment in a county jail, or both the fine and imprisonment.

This bill would increase the amount of these fines to $1,000, $5,000, and $10,000, respectively. The bill would apply these provisions to licensed collection centers, as defined. The bill wouldbegin insert additionallyend insert allow for the inspection of any required records bybegin delete a motor carrier specialist with theend deletebegin insert an authorized employee of theend insert Department of the California Highway Patrolbegin delete or authorized employee ofend deletebegin insert orend insert the Department of Food and Agriculture. By expanding the scope of crimes, this bill would impose a state-mandated local program.

Existing law prohibits any person from engaging in the transportation of inedible kitchen grease without being registered with the Department of Food and Agriculture and without being in possession of a valid registration certificate issued by the department. Violation of these provisions is punishable by a fine, imprisonment in a county jail, or both the fine and imprisonment, as specified.

This bill would additionally require possession of a manifest, as defined, for the inedible kitchen grease being transported. By expanding the scope of a crime, this bill would impose a state-mandated local program.

begin delete

The

end delete

begin insertThisend insert bill would authorize a peace officer to remove a vehicle, within the territorial limits in which the officer may act, if the vehicle is involved in the theft or movement of stolen inedible kitchenbegin delete grease, or if the vehicle is transporting inedible kitchen grease without being properly licensed, as specified. The bill would authorize a peace officer, if a vehicle is involved in the theft or movement of stolen inedible kitchen grease,end deletebegin insert grease. The bill would authorize the peace officerend insert to seize and impound the vehicle, after citing or arresting the responsible person, for up tobegin delete 30end deletebegin insert 15end insert days, as specified.

This bill would require each vehicle transporting inedible kitchen grease to display both a specified decal and certain information on the front doors of the vehicle, as specified.

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:

P3    1

SECTION 1.  

Section 2460 of the Vehicle Code is amended to
2read:

3

2460.  

(a) The definitions set forth in Article 1 (commencing
4with Section 19200) of Chapter 5 of Part 3 of Division 9 of the
5Food and Agricultural Code apply for purposes of interpreting this
6article. The definitions set forth elsewhere in this section also apply
7for purposes of interpreting this article.

8(b) A “licensed renderer” is a renderer licensed under Article 6
9(commencing with Section 19300) of Chapter 5 of Part 3 of
10Division 9 of the Food and Agricultural Code.

11(c) A “registered transporter” is a transporter of inedible kitchen
12grease registered under Article 6.5 (commencing with Section
1319310) of Chapter 5 of Part 3 of Division 9 of the Food and
14Agricultural Code.

15(d) A “peace officer” is any peace officer defined in Chapter
164.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal
17Code.

18(e) A “container” is a receptacle, including, but not limited to,
19a box, barrel, tank, or jar, for holding meat or meat products,
20poultry meat or poultry meat products, animal carcasses or parts,
21inedible kitchen grease, packinghouse waste, or other such items.

22(f) A “manifest” is a written or electronic record that contains
23information required by Section 1180.24 of Article 42 of
24Subchapter 2 of Chapter 4 of Division 2 of Title 3 of the California
25Code of Regulations.

26(g) “Transportation” means the movement of inedible kitchen
27grease and the loading, unloading, or storage incidental to that
28movement.

29(h) “Inedible kitchen grease” means any fat or used cooking
30grease or oils from any source.

31

SEC. 2.  

Section 2462 of the Vehicle Code is amended to read:

32

2462.  

(a) In addition to any other records required to be
33maintained and retained pursuant to Chapter 5 (commencing with
34Section 19200) of Part 3 of Division 9 of the Food and Agricultural
35Code, each licensed renderer and collection center shall record
P4    1and maintain for two years, in connection with the receipt of
2kitchen grease that is not intended for human food, all of the
3information required by Section 1180.24 of Article 42 of
4Subchapter 2 of Chapter 4 of Division 2 of Title 3 of the California
5Code of Regulations, including, but not limited to, the following:

6(1) The name of each registered transporter of inedible kitchen
7grease who has delivered that material to the licensed renderer or
8collection center.

9(2) The total amount of inedible kitchen grease purchased in
10each transaction.

11(3) The date of delivery for each transaction.

12(b) Each registered transporter shall record and maintain for
13two years a manifest that includes, but is not limited to, all of the
14following:

15(1) The name and address of each location from which the
16registered transporter obtained the inedible kitchen grease.

17(2) The quantity of inedible kitchen grease received from each
18 location.

19(3) The date on which the inedible kitchen grease was obtained
20from each location.

21

SEC. 3.  

Section 2464 of the Vehicle Code is amended to read:

22

2464.  

All records required to be retained pursuant to this article
23shall be maintained and retained at the regular place of business
24of each licensed renderer, collection center, and registered
25transporter. Those records shall be exhibited on demand to any
26peace begin delete officer, motor carrier specialist withend delete begin insert officer or authorized
27employee ofend insert
the Department of the California Highwaybegin delete Patrol, or
28authorized employee ofend delete
begin insert Patrol orend insert the Department of Food and
29Agriculture.

30

SEC. 4.  

Section 2466 of the Vehicle Code is amended to read:

31

2466.  

A peacebegin delete officer, motor carrier specialist withend deletebegin insert officer or
32an authorized employee ofend insert
the Department of the California
33Highwaybegin delete Patrol, or authorized employee ofend deletebegin insert Patrol orend insert the
34Department of Food and Agriculturebegin delete investigatorend delete may, during
35normal business hours, inspect any premises maintained by a
36licensed renderer, collection center, or registered transporter, and
37any inedible kitchen grease located on the premises, for the purpose
38of determining whether that renderer, collection center, or
39transporter is complying with the record maintenance requirements
40of this article.

P5    1

SEC. 5.  

Section 2468 of the Vehicle Code is amended to read:

2

2468.  

(a) A licensed renderer, collection center, or registered
3transporter who fails in any respect to keep the records required
4by this article, or to set out in that record any matter required by
5this article to be set out in the record, is guilty of a misdemeanor.

6(b) Each licensed renderer or collection center, or registered
7transporter, who refuses, upon demand of any peacebegin delete officer, motor
8carrier specialist withend delete
begin insert officer or authorized employee ofend insert the
9Department of the California Highwaybegin delete Patrol, or authorized
10employee ofend delete
begin insert Patrol orend insert the Department of Food and Agriculture,
11to exhibit any record required by this article, or who destroys that
12record within two years after making the final entry of any
13information required by this article, is guilty of a misdemeanor.

14(c) A violation of subdivision (a) or (b) is punishable as follows:

15(1) For a first offense, by a fine of not less than one thousand
16dollars ($1,000), or by imprisonment in the county jail for not more
17than 30 days, or by both that fine and imprisonment.

18(2) For a second offense within a period of one year, by a fine
19of not less than five thousand dollars ($5,000), or by imprisonment
20in the county jail for not more than 30 days, or by both that fine
21and imprisonment. In addition to any other punishment imposed
22pursuant to this paragraph, the court may enjoin the defendant
23from engaging in the business as a transporter, collection center,
24or renderer for a period not to exceed 30 days.

25(3) For a third or any subsequent offense within a period of two
26years, by a fine of not less than ten thousand dollars ($10,000), or
27by imprisonment in the county jail for not more than six months,
28or by both that fine and imprisonment. In addition to any other
29sentence imposed pursuant to this paragraph, the court shall enjoin
30the defendant from engaging in the business as a transporter,
31collection center, or renderer for a period of 30 days.

32

SEC. 6.  

Section 2470 of the Vehicle Code is amended to read:

33

2470.  

It is unlawful for a person to engage in the transportation
34of inedible kitchen grease without being registered with the
35Department of Food and Agriculture and without being in
36possession of a valid registration certificate issued by that
37department, or a copy of the certificate, and a manifest for the
38inedible kitchen grease being transported.

39

SEC. 7.  

Section 2472 of the Vehicle Code is amended to read:

P6    1

2472.  

(a) It is unlawful for any person who is not a licensed
2renderer or collection center or registered transporter of inedible
3kitchen grease to transport that product from any place within this
4state to any place outside the borders of this state.

5(b) It is unlawful for any person who is not a licensed renderer
6or collection center or registered transporter of inedible kitchen
7grease to transport that product from any place outside this state
8to any place inside the borders of this state.

9

SEC. 8.  

Section 2476 of the Vehicle Code is amended to read:

10

2476.  

A licensed renderer or collection center, registered
11transporter, or any other person shall not take possession of inedible
12kitchen grease from an unregistered transporter, unlicensed renderer
13or collection center, or any other person, or knowingly take
14possession of stolen inedible kitchen grease.

15

SEC. 9.  

Section 2480 is added to the Vehicle Code, to read:

16

2480.  

begin insert(a)end insertbegin insertend insert A peace officer may remove a vehicle, within the
17territorial limits in which the officer may act,begin delete pursuant to either of
18the following:end delete
begin insert if the vehicle is involved in the theft or movement
19of stolen inedible kitchen grease.end insert
begin insert If a peace officer removes a
20vehicle pursuant to this subdivision, the officer may, after citing
21or arresting the responsible person, seize the vehicle, which may
22be impounded for up to 15 days.end insert

begin delete

23(a) If the vehicle is involved in the theft or movement of stolen
24inedible kitchen grease. If a peace officer removes a vehicle
25pursuant to this subdivision, the officer may, after citing or
26arresting the responsible person, seize the vehicle, which may be
27impounded for up to 30 days, pursuant to Section 23109.2.

end delete
begin delete

28(b) If the vehicle is transporting inedible kitchen grease without
29being properly licensed by the Department of Food and Agriculture.

end delete
begin insert

30(b) The registered and legal owner of a vehicle removed and
31seized pursuant to subdivision (a) or their agents shall be provided
32the opportunity for a storage hearing to determine the validity of
33the storage in accordance with Section 22852.

end insert
begin insert

34(c) (1) Notwithstanding Chapter 10 (commencing with Section
3522650) or any other law, an impounding agency shall release a
36motor vehicle to the registered owner or his or her agent prior to
37the conclusion of the impoundment period described in subdivision
38(a) under any of the following circumstances:

end insert
begin insert

39(A) If the vehicle is a stolen vehicle.

end insert
begin insert

P7    1(B) If the registered owner of the vehicle was neither the driver
2nor a passenger of the vehicle at the time of the alleged violation,
3or was unaware that the driver was using the vehicle to engage in
4theft or movement of stolen inedible kitchen grease.

end insert
begin insert

5(C) If the legal owner or registered owner of the vehicle is a
6rental car agency.

end insert
begin insert

7(D) If, prior to the conclusion of the impoundment period, a
8citation or notice is dismissed under Section 40500, criminal
9charges are not filed by the district attorney because of a lack of
10evidence, or the charges are otherwise dismissed by the court.

end insert
begin insert

11(2) A vehicle shall be released pursuant to this subdivision only
12if the registered owner or his or her agent presents a currently
13valid driver’s license to operate the vehicle and proof of current
14vehicle registration, or if ordered by a court.

end insert
begin insert

15(3) If, pursuant to subparagraph (D) of paragraph (1), a motor
16vehicle is released prior to the conclusion of the impoundment
17period, neither the person charged with the theft or movement of
18stolen inedible kitchen grease nor the registered owner of the
19motor vehicle is responsible for towing and storage charges nor
20shall the motor vehicle be sold to satisfy those charges.

end insert
begin insert

21(d) A vehicle seized and removed pursuant to subdivision (a)
22shall be released to the legal owner of the vehicle, or the legal
23owner’s agent, on or before the 15th day of impoundment if all of
24the following conditions are met:

end insert
begin insert

25(1) The legal owner is a motor vehicle dealer, bank, credit union,
26acceptance corporation, or other licensed financial institution
27legally operating in this state, or is another person, not the
28registered owner, holding a security interest in the vehicle.

end insert
begin insert

29(2) The legal owner or the legal owner’s agent pays all towing
30and storage fees related to the impoundment of the vehicle. No
31lien sale processing fees shall be charged to a legal owner who
32redeems the vehicle on or before the seventh day of impoundment.

end insert
begin insert

33(3) The legal owner or the legal owner’s agent presents
34foreclosure documents or an affidavit of repossession for the
35vehicle.

end insert
begin insert

36(e) (1) The registered owner or his or her agent is responsible
37for all towing and storage charges related to the impoundment,
38and any administrative charges authorized under Section 22850.5.

end insert
begin insert

39(2) If the vehicle is a rental vehicle, the rental car agency may
40require the person to whom the vehicle was rented to pay all towing
P8    1and storage charges related to the impoundment and any
2administrative charges authorized under Section 22850.5 incurred
3by the rental car agency in connection with obtaining possession
4of the vehicle.

end insert
begin insert

5(3) The owner is not liable for any towing and storage charges
6related to the impoundment if acquittal or dismissal occurs.

end insert
begin insert

7(4) The vehicle may not be sold prior to the defendant’s
8conviction.

end insert
9

SEC. 10.  

Section 2482 is added to the Vehicle Code, to read:

10

2482.  

(a) To assist law enforcement personnel in enforcing
11this article, each vehicle transporting inedible kitchen grease shall
12have a current registration decal issued by the Department of Food
13and Agriculture permanently affixed and prominently displayed
14on the upper right corner of the vehicle windshield or in a
15conspicuous location on the right side of the trailer being towed.

16(b) Each vehicle used in the transportation of inedible kitchen
17grease shall conspicuously display the following information on
18both front doors of the vehicle in letters not less than two inches
19high:

20(1) The name of the business or person registered as a transporter
21with the Department of Food and Agriculture.

22(2) The address of the company or owner, or the carrier
23identification number issued by the California Highway Patrol.

24(c) Removable signs shall also display the information specified
25in subdivision (b).

begin delete
26

SEC. 11.  

Section 23109.2 of the Vehicle Code is amended to
27read:

28

23109.2.  

(a) (1) Whenever a peace officer determines that a
29person was engaged in any of the activities set forth in paragraph
30(2), the peace officer may immediately arrest and take into custody
31that person and may cause the removal and seizure of the motor
32vehicle used in that offense in accordance with Chapter 10
33(commencing with Section 22650). A motor vehicle so seized may
34be impounded for not more than 30 days.

35(2) (A) A motor vehicle speed contest, as described in
36subdivision (a) of Section 23109.

37(B) Reckless driving on a highway, as described in subdivision
38(a) of Section 23103.

39(C) Reckless driving in an offstreet parking facility, as described
40in subdivision (b) of Section 23103.

P9    1(D) Exhibition of speed on a highway, as described in
2subdivision (c) of Section 23109.

3(E) Theft or movement of stolen inedible kitchen grease, as
4described in subdivision (a) of Section 2480.

5(b) The registered and legal owner of a vehicle removed and
6seized under subdivision (a) or their agents shall be provided the
7opportunity for a storage hearing to determine the validity of the
8storage in accordance with Section 22852.

9(c) (1) Notwithstanding Chapter 10 (commencing with Section
1022650) or any other provision of law, an impounding agency shall
11release a motor vehicle to the registered owner or his or her agent
12prior to the conclusion of the impoundment period described in
13subdivision (a) under any of the following circumstances:

14(A) If the vehicle is a stolen vehicle.

15(B) If the person alleged to have been engaged in the motor
16vehicle speed contest, as described in subdivision (a), was not
17authorized by the registered owner of the motor vehicle to operate
18the motor vehicle at the time of the commission of the offense.

19(C) If the registered owner of the vehicle was neither the driver
20nor a passenger of the vehicle at the time of the alleged violation
21pursuant to subdivision (a), or was unaware that the driver was
22using the vehicle to engage in any of the activities described in
23subdivision (a).

24(D) If the legal owner or registered owner of the vehicle is a
25rental car agency.

26(E) If, prior to the conclusion of the impoundment period, a
27citation or notice is dismissed under Section 40500, criminal
28charges are not filed by the district attorney because of a lack of
29evidence, or the charges are otherwise dismissed by the court.

30(2) A vehicle shall be released pursuant to this subdivision only
31if the registered owner or his or her agent presents a currently valid
32driver’s license to operate the vehicle and proof of current vehicle
33registration, or if ordered by a court.

34(3) If, pursuant to subparagraph (E) of paragraph (1) a motor
35vehicle is released prior to the conclusion of the impoundment
36period, neither the person charged with a violation of subdivision
37(a) of Section 23109 nor the registered owner of the motor vehicle
38is responsible for towing and storage charges nor shall the motor
39vehicle be sold to satisfy those charges.

P10   1(d) A vehicle seized and removed under subdivision (a) shall
2be released to the legal owner of the vehicle, or the legal owner’s
3agent, on or before the 30th day of impoundment if all of the
4following conditions are met:

5(1) The legal owner is a motor vehicle dealer, bank, credit union,
6acceptance corporation, or other licensed financial institution
7legally operating in this state, or is another person, not the
8registered owner, holding a security interest in the vehicle.

9(2) The legal owner or the legal owner’s agent pays all towing
10and storage fees related to the impoundment of the vehicle. No
11lien sale processing fees shall be charged to a legal owner who
12redeems the vehicle on or before the 15th day of impoundment.

13(3) The legal owner or the legal owner’s agent presents
14foreclosure documents or an affidavit of repossession for the
15vehicle.

16(e) (1) The registered owner or his or her agent is responsible
17for all towing and storage charges related to the impoundment,
18and any administrative charges authorized under Section 22850.5.

19(2) Notwithstanding paragraph (1), if the person convicted of
20engaging in the activities set forth in paragraph (2) of subdivision
21(a) was not authorized by the registered owner of the motor vehicle
22to operate the motor vehicle at the time of the commission of the
23offense, the court shall order the convicted person to reimburse
24the registered owner for any towing and storage charges related
25to the impoundment, and any administrative charges authorized
26under Section 22850.5 incurred by the registered owner to obtain
27possession of the vehicle, unless the court finds that the person
28convicted does not have the ability to pay all or part of those
29charges.

30(3) If the vehicle is a rental vehicle, the rental car agency may
31require the person to whom the vehicle was rented to pay all towing
32and storage charges related to the impoundment and any
33administrative charges authorized under Section 22850.5 incurred
34by the rental car agency in connection with obtaining possession
35of the vehicle.

36(4) The owner is not liable for any towing and storage charges
37related to the impoundment if acquittal or dismissal occurs.

38(5) The vehicle may not be sold prior to the defendant’s
39conviction.

P11   1(6) The impounding agency is responsible for the actual costs
2incurred by the towing agency as a result of the impoundment
3should the registered owner be absolved of liability for those
4charges pursuant to paragraph (3) of subdivision (c).
5Notwithstanding this provision, nothing shall prohibit impounding
6agencies from making prior payment arrangements to satisfy this
7requirement.

8(f) Any period when a vehicle is subjected to storage under this
9section shall be included as part of the period of impoundment
10ordered by the court under subdivision (h) of Section 23109.

end delete
11

begin deleteSEC. 12.end delete
12begin insertSEC. 11.end insert  

No reimbursement is required by this act pursuant to
13Section 6 of Article XIII B of the California Constitution because
14the only costs that may be incurred by a local agency or school
15district will be incurred because this act creates a new crime or
16infraction, eliminates a crime or infraction, or changes the penalty
17for a crime or infraction, within the meaning of Section 17556 of
18the Government Code, or changes the definition of a crime within
19the meaning of Section 6 of Article XIII B of the California
20Constitution.



O

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