BILL ANALYSIS �
AB 2681
Page 1
Date of Hearing: April 11, 2012
REVISED
ASSEMBLY COMMITTEE ON AGRICULTURE
Cathleen Galgiani, Chair
AB 2681 (Committee on Agriculture) - As Introduced: March 8,
2012
SUBJECT : Food Waste.
SUMMARY : This bill deletes provisions in state law relating to
using garbage as feed for swine, and disposing of garbage from
vessel and aircraft. This bill also prohibits the use of food
waste as feed for swine, as specified, and prohibits vessels and
aircraft from disposing of food waste into territorial waters or
state lands, as specified. Specifically, this bill :
1) Deletes current provisions in law related to garbage as feed
for swine.
2)Defines food waste to mean waste that is any part animal waste
resulting from any aspect of food preparation and consumption,
as specified, but not including waste from ordinary household
operation that is fed directly to swine on the premises.
3)Prohibits the use of food waste as feed for swine, unless it
has been treated to render the food waste free of disease, as
specified.
4)Allows the Secretary (Secretary) of the California Department
of Food and Agriculture (CDFA) to enter any premises where
food waste is fed to swine, inspect and test equipment and
swine on the premises, and, review and copy records.
5)Allows the Secretary to issue a written order to cease
operation if the equipment or facility of any operation is
found to be improperly operated or maintained.
6)Requires a license from CDFA for a person to feed food waste
to swine.
7)Allows CDFA to collect a fee for each application or renewal
of a license, requires the license fees to be reasonable to
cover CDFA's cost for issuing or renewing a license, and
requires the license to expire on July 1 of each year.
AB 2681
Page 2
8)Requires a licensed feeder of food waste to keep and furnish
CDFA with information relating to the collection,
transportation, distribution and processing of food waste.
9)Requires a licensed feeder of food waste to keep and maintain
sanitary vehicles that are used for food waste.
10)Allows CDFA to make regulations related to food waste fed to
swine.
11)States that violations of swine food waste feeding laws is
sufficient cause for the refusal or renewal of a license and
allows the revocation or suspension of a license, as specified
under current due process rules.
12)Prohibits, for persons convicted of violating swine food
waste feeding laws, compensation for the confiscation or
destruction of swine fed uncooked food waste.
13)Deletes provisions in law related to vessel and aircraft food
waste.
14)Prohibits the disposal of food waste or food stores from any
vessel or aircraft into territorial waters or land with the
State of California, except for the following:
a) Food waste is immediately burned in an incinerator;
b) Approved food waste treatment or disposal under the
supervision and direction of CDFA regulation; or,
c) The food waste is to be delivered to CDFA or a federal
government licensed food waste collector.
15)Prohibits the retaining and maintaining of food waste on any
vessel or aircraft, except in tightly closed containers and
under treatment prescribed by CDFA regulations.
16)Allows CDFA to make regulations related to food waste
disposal on vessels and aircrafts.
17)States that this bill, in creating new crimes, does not
impose a state-mandated local program and that no
reimbursement to local governments is required.
AB 2681
Page 3
EXISTING LAW makes it unlawful for a person to feed swine any
garbage, as defined, unless the garbage has been processed in
accordance with specified provisions of law, and unless the
person has a valid annual license issued by the Secretary,
except any institution or agency of the state, a county, or any
municipal or other public corporation.
Provides that the application for a license shall be accompanied
by a $20 fee, and a $20 penalty if the fee is not paid when due.
Regulates the disposal of garbage from vessels and aircraft, as
those terms are defined, and prohibits any person to dispose of
garbage from any vessel, aircraft, or any other vehicle into any
territorial waters, or onto land within the state, except as
specified, including by immediate burning in incinerators.
FISCAL EFFECT : This bill has been keyed fiscal by Legislative
Counsel.
COMMENTS : Changes made to the Federal Swine Health Protection
program related to food waste, and required sterilization time
for food waste from ports of entry, have led to confusion for
the public as they attempt to remain in compliance with both
state and federal law. This bill will resolve the inconsistency
and bring state law into conformity with federal law.
This bill proposes to repeal the current detailed program
procedures established in law for the feeding of garbage to
swine and adds new language maintaining program authority, and
by regulation, authority for implementing specific program
requirements. The proposed bill changes the term "garbage" to
"food waste" and includes in the definition of food waste, fish
and poultry, which conforms to the federal definition of
garbage.
In 2009, the United States Department of Agriculture (USDA)
amended the swine health protection regulations to clarify the
regulations on the treatment of garbage that is industrially
processed materials. Such materials are subject to the same
treatment requirements as other regulated garbage, except for
processed products. Processed products are defined as material
derived in whole or in part from the meat of any animal
(including fish and poultry) or other animal material, and other
similar material. Processed products is further defined as
AB 2681
Page 4
having undergone an industrial manufacturing procedure to
prevent spoilage or add shelf stability, and has been cooked to
a temperature of at least 167degrees F (75? C) for at least 30
minutes or has been subjected to processes designed to kill
disease, as allowed by USDA. The final rule was necessary to
ensure that garbage fed to swine has been treated to inactivate
organisms that pose a risk to the U.S. swine industry.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file.
Opposition
None on file.
Analysis Prepared by : Victor Francovich / AGRI. / (916)
319-2084