California Legislature—2013–14 Regular Session

Assembly Bill No. 1566

Introduced by Assembly Member Holden

January 29, 2014

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

LEGISLATIVE COUNSEL’S DIGEST

AB 1566, as introduced, 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 would allow for the inspection of any required records by a motor carrier specialist with the Department of the California Highway Patrol or authorized employee of 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.

The 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 kitchen 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, to seize and impound the vehicle, after citing or arresting the responsible person, for up to 30 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:

SECTION 1.  

Section 2460 of the Vehicle Code is amended to
read:

2460.  

(a) The definitions set forth in Article 1 (commencing
with Section 19200) of Chapter 5 of Part 3 of Division 9 of the
Food and Agricultural Code apply for purposes of begin insert interpreting end insert
this article. begin insert The definitions set forth else end insert begin insert where in this section also
apply for purposes of interpreting this article. end insert

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

(c) A “registered transporter” is a transporter of inedible kitchen
grease registered under Article 6.5 (commencing with Section
19310) of Chapter 5 of Part 3 of Division 9 of the Food and
Agricultural Code.

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

begin insert

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

end insert begin insert

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

end insert begin insert

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

end insert begin insert

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

end insert

SEC. 2.  

Section 2462 of the Vehicle Code is amended to read:

2462.  

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

(1) The begin delete name, address, and registration number end delete begin insert name end insert of begin delete every end delete
begin insert each registered end insert transporter of inedible kitchen grease who has
delivered that material to the begin insert licensed end insert renderer begin insert or collection center end insert .

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

(3) The date of begin insert delivery for end insert each transaction.

(b)  begin delete Every end delete begin insert Each end insert registered transporter begin delete of inedible kitchen grease end delete
shall record and maintain for two years begin insert a manifest that includes,
but is not limited to, end insert all of the following:

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

(2) The quantity of begin delete material end delete begin insert inedible kitchen grease end insert received
from each location.

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

SEC. 3.  

Section 2464 of the Vehicle Code is amended to read:

2464.  

All records required to be retained pursuant to this article
shall be maintained begin insert and retained end insert at the regular place of business
of begin delete every end delete begin insert each end insert licensed renderer begin insert , collection center, end insert and begin delete every end delete
registered transporter. Those records shall be exhibited on demand
to any peace officer begin insert , motor carrier specialist with the Department
of the California Highway Patrol, or authorized employee of the
Department of Food and Agriculture end insert .

SEC. 4.  

Section 2466 of the Vehicle Code is amended to read:

2466.  

begin delete Any end delete begin insert A end insert peace officer begin insert , motor carrier specialist with the
Department of the California Highway Patrol, or authorized
employee of the Department of Food and Agriculture investigator end insert
may, during normal business hours, inspect any premises
maintained by a licensed renderer begin insert , collection center, end insert or registered
transporter, and any inedible kitchen grease located on the
premises, for the purpose of determining whether that renderer begin insert ,
collection center, end insert or transporter is complying with the record
maintenance requirements of this article.

SEC. 5.  

Section 2468 of the Vehicle Code is amended to read:

2468.  

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

(b)  begin delete Every end delete begin insert Each end insert licensed begin delete renderer end delete begin insert renderer or collection center, end insert
or registered transporter begin insert , end insert who refuses, upon demand of any peace
officer begin insert , motor carrier specialist with the Department of the
California Highway Patrol, or authorized employee of the
Department of Food and Agriculture end insert , to exhibit any begin delete written end delete record
required by this article, or who destroys that record within two
years after making the final entry of any information required by
this article, is guilty of a misdemeanor.

(c)  begin delete Any end delete begin insert A end insert violation of subdivision (a) or (b) is punishable as
follows:

(1) For a first offense, by a fine of not less than begin delete five hundred
dollars ($500) end delete begin insert one thousand dollars ($1,000) end insert , or by imprisonment
in the county jail for not more than 30 days, or by both that fine
and imprisonment.

(2) For a second offense within a period of one year, by a fine
of not less than begin delete one thousand dollars ($1,000) end delete begin insert five thousand dollars
($5,000) end insert , or by imprisonment in the county jail for not more than
30 days, or by both that fine and imprisonment. In addition to any
other punishment imposed pursuant to this paragraph, the court
may begin delete order end delete begin insert enjoin end insert the defendant begin delete to stop end delete begin insert from end insert engaging in the
business as a begin delete transporter end delete begin insert transporter, collection center, end insert or renderer
for a period not to exceed 30 days.

(3) For a third or any subsequent offense within a period of two
years, by a fine of not less than begin delete two thousand dollars ($2,000) end delete begin insert ten
thousand dollars ($10,000) end insert , or by imprisonment in the county jail
for not more than six months, or by both that fine and
imprisonment. In addition to any other sentence imposed pursuant
to this paragraph, the court shall begin delete order end delete begin insert enjoin end insert the defendant begin delete to stop end delete
begin insert from end insert engaging in the business as a begin delete transporter end delete begin insert transporter,
collection center, end insert or renderer for a period of 30 days.

SEC. 6.  

Section 2470 of the Vehicle Code is amended to read:

2470.  

It is unlawful for begin delete any end delete begin insert a end insert person to engage 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 that
department begin insert , or a copy of the certificate, and a manifest for the
inedible kitchen grease being transported end insert .

SEC. 7.  

Section 2472 of the Vehicle Code is amended to read:

2472.  

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

begin insert

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

end insert

SEC. 8.  

Section 2476 of the Vehicle Code is amended to read:

2476.  

begin delete No end delete begin insert A end insert licensed renderer begin insert or collection center end insert , registered
transporter, or any other person begin delete may end delete begin insert shall not end insert take possession of
inedible kitchen grease from an unregistered begin delete transporter end delete
begin insert transporter, unlicensed renderer or collection center, or any other
person, end insert or knowingly take possession of stolen inedible kitchen
grease.

SEC. 9.  

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

2480.  

A peace officer may remove a vehicle, within the
territorial limits in which the officer may act, pursuant to either of
the following:

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

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

SEC. 10.  

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

2482.  

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

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

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

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

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

SEC. 11.  

Section 23109.2 of the Vehicle Code is amended to
read:

23109.2.  

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

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

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

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

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

begin insert

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

end insert

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

(c) (1) Notwithstanding Chapter 10 (commencing with Section
22650) or any other provision of law, an impounding agency shall
release a motor vehicle to the registered owner or his or her agent
prior to the conclusion of the impoundment period described in
subdivision (a) under any of the following circumstances:

(A) If the vehicle is a stolen vehicle.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 12.  

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.