BILL ANALYSIS
SENATE FOOD and AGRICULTURE COMMITTEE
Senator Dean Florez, Chairman
BILL NO: AB 1249 HEARING: 7/7/09
AUTHOR: Galgiani FISCAL: Yes
VERSION: 6/17/09 CONSULTANT: John Chandler
Inedible kitchen grease transporters: dead animal haulers.
BACKGROUND AND EXISTING LAW
Current law requires that any person who transports inedible
kitchen grease must register with California Department of Food
and Agriculture (CDFA) and pay a $100 registration fee. In
1995, an additional fee of up to $300 per vehicle or a maximum
of $3000 per registrant was added to fund inedible kitchen
grease enforcement. Individuals transporting 55 gallons or less
of inedible kitchen grease for personal use are exempt from 75
percent of the additional fee. This additional fee will sunset
on July 1, 2010, and be repealed by January 1, 2011.
It is unlawful to transport dead animals to any location other
than a licensed rendering plant, collection center, animal
disease diagnostic lab, nearest crematory, or other location
designated by the state unless granted permission by the State
Veterinarian in conjunction with a quarantine.
Dead animal haulers and renderers are required to register with
CDFA and must be properly equipped to engage in the business;
never have been convicted of a felony involving adulterated or
misbranded food; and demonstrate character, responsibility, and
good faith suitable for carrying on the business for which they
are being licensed.
In 2004, CDFA and the California Environmental Protection Agency
developed guidelines for managing dead animals on farms and
ranches during a declared emergency called Emergency Animal
Disposal (EAD). The EAD guidelines prescribe dead animal
management practices for temporary storage of carcasses,
disposal at permitted landfills, on-site composting, and on-site
burial.
PROPOSED LAW
AB 1249 will do the following:
Extend the sunset for the additional fee assessed on
inedible kitchen grease transporters to 2015 and extend the
repeal date to 2016.
AB 1249 - Page 2
Authorize the State Veterinarian to issue a waiver for
dead animal disposal in cases of a declared state of
emergency or local emergency.
Authorize CDFA to issue a permit to a licensed renderer,
collection center, or dead animal hauler to haul the
carcass to an appropriately permitted landfill in the event
of a declared state of emergency or if a licensed hauler
has a certification from a licensed renderer that they
cannot process the dead animal.
COMMENTS
1.According to the author, AB 1249 will ensure that dead
livestock are properly handled during overloaded capacity or
limited capacity of renderers to protect public health, animal
health, safety infrastructure, and the environment. In 2006,
high summer temperatures resulted in record livestock deaths.
This overwhelmed California's established carcass disposal
infrastructure, causing up to a 3-week delay for traditional
disposal methods. AB 1249 provides clear authority and
direction for the disposal of large numbers of dead animals in
instances that may not trigger quarantine.
2.During the summer of 2006, when high temperatures resulted in
record livestock deaths, the State Veterinarian used the
quarantine authority to help the rendering capacity issues.
If the State Veterinarian was able to use the quarantine
authority during that crisis, the committee may wish to
consider why would they not be able to use it in the future
for a similar incidence?
3.The governor is responsible for declaring a state of
emergency. In an emergency which includes high animal death
that would overload rendering facilities, the governor should
be aware of that situation when declaring the emergency.
Rather than adding the extra step during an emergency of
waiting for the State Veterinarian to issue a waiver, the
committee may wish to consider whether the waiver should be
specified in the emergency declaration and overseen by the
State Veterinarian.
PRIOR ACTIONS
Assembly Floor 77-0
Assembly Appropriations16-0
AB 1249 - Page 3
Assembly Agriculture 8-0
SUPPORT
Pacific Coast Rendering Association
OPPOSITION
None received