Amended in Assembly April 10, 2014

Amended in Assembly March 17, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1566

Introduced by Assembly Member Holden

January 29, 2014

An act to amend begin insert Sections 19302, 19304, 19305.5, 19306, 19312, 19313.8, and 19314 of the Food and Agricultural Code, and to amend end insert Sections 2460, 2462, 2464, 2466, 2468, 2470, 2472, and 2476 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.

begin delete

Existing

end delete

begin insert (1) end insert begin insert   end insert begin insert Existing end insert 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.

begin insert

The department is authorized to issue licenses to renderers and collection centers and to issue registration certifications to persons engaged in the transportation of inedible kitchen grease. The department is authorized to refuse to issue a license to a renderer or collection center, after notice and hearing, unless the applicant satisfies specified requirements. The department is also authorized to suspend or revoke a transporter’s registration upon making specified findings and to establish procedures for an appeal of that suspension or revocation.

end insert begin insert

This bill would impose additional requirements upon an applicant for a rendering license and collection center license, and for registration as a certificated transporter. The bill would delete the requirement for a notice and hearing before refusing to issue a license and would instead authorize a person to whom the department refuses to issue a rendering or collection center license to appeal to the department, pursuant to a specified procedure. The bill would authorize the department to suspend or revoke a renderer license or collection center license if the department makes specified findings and would establish a procedure for appealing the suspension or revocation of a license. The bill would require the department to adopt regulations that specify the maximum time period for which a refusal of registration as a certificated transporter, and a suspension or denial of that registration, may be imposed.

end insert begin insert

(2) Existing law prohibits a registered transporter or any other person from taking possession of inedible kitchen grease from an unregistered transporter, or knowingly take possession of stolen inedible kitchen grease. A violation of the provisions regulating renderers is a crime.

end insert begin insert

This bill would additionally prohibit taking possession of inedible kitchen grease from an unlicensed collection center or an unlicensed renderer. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.

end insert begin delete

Existing

end delete

begin insert (3) end insert begin insert   end insert begin insert Existing end insert 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 additionally allow for the inspection of any required records by an authorized employee of the Department of the California Highway Patrol or the Department of Food and Agriculture. By expanding the scope of crimes, this bill would impose a state-mandated local program. begin insert This bill would make conforming and clarifying changes to other provisions of existing law to remove a conflict in those provisions. end insert

begin delete

Existing

end delete

begin insert (4) end insert begin insert   end insert begin insert Existing end insert 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. begin insert Existing law prohibits a licensed renderer, registered transporter, or any other person from taking possession of inedible kitchen grease from an unregistered transporter, or knowingly take possession of stolen inedible kitchen grease. end insert 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. begin insert The bill would additionally prohibit a renderer, registered transporter, or any other person from taking possession of inedible kitchen grease from an unlicensed renderer or collection center. end insert By expanding the scope of begin delete a crime end delete begin insert existing crimes end insert , this bill would impose begin delete a end delete state-mandated local begin delete program end delete begin insert programs end insert .

This 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. The bill would authorize the peace officer to seize and impound the vehicle, after citing or arresting the responsible person, for up to 15 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.

begin delete

The

end delete

begin insert (5)The end insert 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:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 19302 of the end insert begin insert Food and Agricultural Code end insert
begin insert is amended to read: end insert

begin delete

19302.  

The department, after notice and hearing, may refuse
to issue a license unless the department finds that the applicant
satisfies both of the following:

end delete

begin insert

begin insert 19302. end insert   

end insert begin insert

(a) The department may refuse to issue a license if the
department finds that the applicant does not meet one or more of
the following requirements:

end insert begin delete

(a) Is

end delete

begin insert ( end insert begin insert 1) end insert begin insert   end insert begin insert The applicant is end insert properly equipped to engage in the business
of rendering or operating a collection center. For these purposes,
the department shall consult with the rendering industry to
determine the equipment that shall be required.

begin delete

(b) Has

end delete

begin insert (2) end insert begin insert   end insert begin insert The applicant has end insert never been convicted of a felony involving
adulterated or misbranded food.

begin insert

(3) The applicant has not violated this article or Article 6.5
(commencing with Section 19310), or any regulations adopted to
implement those provisions.

end insert begin insert

(b) A person to whom the department refuses to issue a license
may appeal to the department within 20 days of the date of
receiving notification of the refusal, in the following manner:

end insert begin insert

(1) The appeal shall be in writing and signed by the appellant
or his or her authorized agent and shall state the grounds for the
appeal.

end insert begin insert

(2) A party, at the time of filing the appeal, or within 10 days
after filing the appeal, may present written evidence and a written
argument to the department.

end insert begin insert

(3) The department may grant oral arguments upon application
made at the time written arguments are made.

end insert begin insert

(4) If an application to present an oral argument is granted,
the department shall give written notice of the time and place for
the oral argument at least 10 days prior to the date set for the oral
argument. This time requirement may be altered by an agreement
between the department and the person appealing the refusal to
issue the license.

end insert begin insert

(5) The department shall decide the appeal on any oral or
written arguments, briefs, and evidence that the department
receives.

end insert begin insert

(6) The department shall render a written decision within 45
days of the date of appeal, or within 15 days of the date of oral
arguments. A copy of the department’s decision shall be delivered
or mailed to the appellant.

end insert begin insert

(7) The department may sustain the decision to refuse to issue
a license or reverse that decision.

end insert begin insert

(8) The appellant may seek a review of the decision of the
department pursuant to Section 1094.5 of the Code of Civil
Procedure.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 19304 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

19304.  

All records required to be retained pursuant to this
chapter shall be maintained begin insert for two years end insert at the regular place of
business of every renderer and collection center operator licensed
pursuant to this article and every transporter registered pursuant
to Article 6.5 (commencing with Section 19310). Those records
shall be exhibited on demand to any peace officer begin delete of this state or
any end delete begin insert or authorized end insert employee of begin delete the department end delete begin insert the Department of
the California Highway Patrol and the Department of Food and
Agriculture end insert .

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 19305.5 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

19305.5.  

(a) The department may suspend or revoke a
begin delete registration certificate end delete begin insert renderer license or collection center license end insert
at any time, if it finds any of the following has occurred:

(1) The licensee has sold or offered for sale to an unlicensed
person, any inedible kitchen grease.

(2) The licensee has stolen, misappropriated, contaminated, or
damaged inedible kitchen grease or containers begin delete thereof end delete begin insert of inedible
kitchen grease end insert .

(3) The licensee has violated any provision of this article or any
regulations adopted to implement this article.

(4) The licensee has taken possession of inedible kitchen grease
from an unregistered transporter or has knowingly taken possession
of inedible kitchen grease that has been stolen.

(b)  begin delete (1) end delete  The licensee may appeal any suspension or revocation
decision to the department within 20 days of the date of receiving
notification of the suspension or revocation, pursuant to the
following procedure:

begin insert

(1) The appeal shall be in writing and signed by the appellant
or his or her authorized agent and shall state the grounds for the
appeal.

end insert begin insert

(2) A party, at the time of filing the appeal, or within 10 days
after filing the appeal, may present written evidence and a written
argument to the department.

end insert begin insert

(3) The department may grant oral arguments upon application
made at the time written arguments are made.

end insert begin insert

(4) If an application to present an oral argument is granted,
the department shall give written notice of the time and place for
the oral argument at least 10 days prior to the date set for an oral
argument. This time requirement may be altered by an agreement
between the department and the person appealing the suspension
or revocation of the license.

end insert begin insert

(5) The department shall decide the appeal on any oral or
written arguments, briefs, and evidence that the department
receives.

end insert begin insert

(6) The department shall render a written decision within 45
days of the date of appeal, or within 15 days of the date of oral
arguments. A copy of the department’s decision shall be delivered
or mailed to the appellant.

end insert begin insert

(7) The department may sustain the suspension or revocation
decision or reverse that decision.

end insert begin insert

(8)  The appellant may seek a review of the decision of the
department pursuant to Section 1094.5 of the Code of Civil
Procedure.

end insert begin delete

(2) The department shall establish procedures for the appeals
process, to include a noticed hearing.

end delete begin delete

(3) The department may reverse a suspension or revocation
upon a finding of good cause to do so.

end delete

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 19306 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

19306.  

(a) Any renderer or collection center operator licensed
pursuant to this article or transporter registered pursuant to Article
6.5 (commencing with Section 19310) who fails in any respect to
keep the written records required by this article, or to set out in
that written record any matter required by this article to be set out
in the record, is guilty of a misdemeanor.

(b) Every renderer, collection center operator, or transporter
who refuses, upon demand of any peace officer begin delete of this state or any
employee of the department, end delete begin insert or authorized employee of the
Department of the California Highway Patrol and the Department
of Food and Agriculture, end insert to exhibit any written 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) Any 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 a county jail for not more than 30 days, or by both the fine and
imprisonment.

(2) For a second offense within a period of one year, by a fine
of not less than begin delete one end delete begin insert five end insert thousand dollars begin delete ($1,000), end delete begin insert ($5,000) end insert or by
imprisonment in a county jail for not more than 30 days, or by
both the fine and imprisonment. In addition to any other
punishment imposed pursuant to this paragraph, the court may
order the defendant to stop engaging in the business as a renderer,
collection center operator, or transporter 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 end delete begin insert ten end insert thousand dollars begin delete ($2,000), end delete
begin insert ($10,000) end insert or by imprisonment in a county jail for not more than
six months, or by both the fine and imprisonment. In addition to
any other sentence imposed pursuant to this paragraph, the court
shall order the defendant to stop engaging in the business as a
renderer, collection center operator, or transporter for a period of
30 days.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 19312 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

19312.  

(a) Registration shall be made with the department and
shall include all of the following:

(1) The applicant’s name and address.

(2) A description of the operations to be performed by the
applicant.

(3) The vehicles to be used in the transportation.

(4) A registration fee of one hundred dollars ($100).

(5) A list of the names of the drivers employed by the transporter
who transport inedible kitchen grease subject to this article and
their drivers’ license numbers.

(6) Any other information that may be required by the
department.

(b) Any renderer or collection center that registers pursuant to
this article is not required to pay the fee prescribed in this section.

begin delete

(c) The department may refuse to issue an original or renewal
registration certificate to any applicant for which the grounds
specified in subdivisions (a) to (e), inclusive, of Section 19314
exist.

end delete begin insert

(c) The department may refuse to issue an original or renewal
registration certificate to an applicant for either of the following
reasons:

end insert begin insert

(1) The existence of the grounds specified in subdivisions (a)
to (e), inclusive, of Section 19314.

end insert begin insert

(2) A failure to pay, in full by the established due date, any
penalty levied by the department for a previous violation of this
article or Article 6 (commencing with Section 19300).

end insert

(d) (1) The applicant may appeal the decision of the department
to refuse to register the applicant.

(2) The department shall establish procedures for the appeals
process, to include a noticed hearing.

(3) The department may reverse a decision to refuse to register
the applicant, upon a finding of good cause to do so.

begin insert

(e) The department shall adopt regulations that specify the
maximum time period for which a refusal of registrations may be
imposed, based on the severity or the number of violations that
are the basis of the department’s action. The time period for the
refusal of registration shall not exceed three years from the date
the refusal of registration is imposed.

end insert

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 19313.8 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

19313.8.  

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

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 19314 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

19314.  

The department may suspend or revoke a registration
certificate, at any time, if it finds any of the following has occurred:

(a) The registrant has sold or offered for sale to an unlicensed
person, any inedible kitchen grease.

(b) The registrant has stolen, misappropriated, contaminated,
or damaged inedible kitchen grease or containers begin delete thereof end delete begin insert of inedible
kitchen grease end insert .

(c) The registrant has violated this article or any regulations
adopted to implement this article.

(d) The registrant has taken possession of inedible kitchen grease
from an unregistered transporter or has knowingly taken possession
of inedible kitchen grease that has been stolen.

(e) The registrant has been found to have engaged in, or aided
and abetted another person or entity in the commission of, any
violation of a statute, regulation, or order relating to the
transportation or disposal of inedible kitchen grease, including a
violation of the federal Water Pollution Control Act (33 U.S.C.
Sec. 1251 et seq.), the Porter-Cologne Water Quality Control Act
begin delete (Chapter 1.5 end delete begin insert (Division 7 end insert (commencing with Section begin delete 13020) of
Division 7 end delete begin insert 13000) end insert of the Water Code), Section 5650 of the Fish
and Game Code, commercial vehicle weight limits, or commercial
vehicle hours of service.

(f) For purposes of this section, “registrant” includes any
business entity, trustee, officer, director, partner, person, or other
entity holding more than 5 percent equity, ownership, or debt
liability in the registered entity engaged in the transportation of
inedible kitchen grease.

(g) (1) The registrant may appeal the suspension or revocation
decision of the department.

(2) The department shall establish procedures for the appeals
process, to include a noticed hearing.

(3) The department may reverse a suspension or revocation
upon a finding of good cause to do so.

begin insert

(h) The department shall adopt regulations that specify the
maximum time period during which a suspension or revocation of
a registration certificate may be imposed, based on the severity
or the number of violations that are the basis of the department’s
action. The time period for the suspension or revocation of the
registration certificate shall not exceed three years from the date
the suspension or revocation of the registration certificate is
imposed.

end insert

begin delete SECTION 1. end delete
begin insert SEC. 8. end insert   

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 interpreting this
article. The definitions set forth elsewhere in this section also apply
for purposes of interpreting this article.

(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.

(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.

(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.

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

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

begin insert

(i) “Rendering” means all recycling, processing, and conversion
of animal and fish materials and carcasses and inedible kitchen
grease into fats, oils, proteins, and other products that are used
in the animal, poultry, and pet food industries and other industries.

end insert begin insert

(j) “Collection center” means a receiving area for the temporary
storage of animal carcasses, packinghouse waste, or other products
before transportation to a licensed rendering plant or pet food
processor.

end insert begin insert

(k) “Licensed collection center” means a collection center
licensed pursuant to Section 19300.5 of the Food and Agricultural
Code.

end insert

begin delete SEC. 2. end delete
begin insert SEC. 9. end insert   

Section 2462 of the Vehicle Code is amended to read:

2462.  

(a) In addition to any other records required to be
maintained and retained pursuant to Chapter 5 (commencing with
Section 19200) of Part 3 of Division 9 of the Food and Agricultural
Code, each licensed renderer and collection center shall record
and maintain for two years, in connection with the receipt of
kitchen grease that is not intended for human food, all of the
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, including, but not limited to, the following:

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

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

(3) The date of delivery for each transaction.

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

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

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

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

begin delete SEC. 3. end delete
begin insert SEC. 10. end insert   

Section 2464 of the Vehicle Code is amended to read:

2464.  

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

begin delete SEC. 4. end delete
begin insert SEC. 11. end insert   

Section 2466 of the Vehicle Code is amended to read:

2466.  

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

begin delete SEC. 5. end delete
begin insert SEC. 12. end insert   

Section 2468 of the Vehicle Code is amended to read:

2468.  

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

(b) Each licensed renderer or collection center, or registered
transporter, who refuses, upon demand of any peace officer or
authorized employee of the Department of the California Highway
Patrol or the Department of Food and Agriculture, to exhibit any
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) A violation of subdivision (a) or (b) is punishable as follows:

(1) For a first offense, by a fine of not less than one thousand
dollars ($1,000), 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 five thousand dollars ($5,000), 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 enjoin the defendant
from engaging in the business as a transporter, collection center,
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 ten thousand dollars ($10,000), 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 enjoin
the defendant from engaging in the business as a transporter,
collection center, or renderer for a period of 30 days.

begin delete SEC. 6. end delete
begin insert SEC. 13. end insert   

Section 2470 of the Vehicle Code is amended to read:

2470.  

It is unlawful for a 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, or a copy of the certificate, and a manifest for the
inedible kitchen grease being transported.

begin delete SEC. 7. end delete
begin insert SEC. 14. end insert   

Section 2472 of the Vehicle Code is amended to read:

2472.  

(a) 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 within this
state to any place outside the borders of this state.

(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.

begin delete SEC. 8. end delete
begin insert SEC. 15. end insert   

Section 2476 of the Vehicle Code is amended to read:

2476.  

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

begin delete SEC. 9. end delete
begin insert SEC. 16. end insert   

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

2480.  

(a) A peace officer may 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.
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 15 days.

(b) The registered and legal owner of a vehicle removed and
seized pursuant to 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 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 registered owner of the vehicle was neither the driver
nor a passenger of the vehicle at the time of the alleged violation,
or was unaware that the driver was using the vehicle to engage in
theft or movement of stolen inedible kitchen grease.

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

(D) 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 (D) of paragraph (1), a motor
vehicle is released prior to the conclusion of the impoundment
period, neither the person charged with the theft or movement of
stolen inedible kitchen grease 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 pursuant to subdivision (a)
shall be released to the legal owner of the vehicle, or the legal
owner’s agent, on or before the 15th 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 seventh 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) 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.

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

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

begin delete SEC. 10. end delete
begin insert SEC. 17. end insert   

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).

begin delete SEC. 11. end delete
begin insert SEC. 18. 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.