AB 2378

Bill Subjects

Abstract

(1) 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. These regulatory provisions are enforced by the Department of Food and Agriculture. A person who violates these provisions is generally subject to imprisonment in a county jail for not more than one year or a fine of not more than $1,000, or both that fine and imprisonment. A person who violates these provisions either after a prior conviction for violating these provisions or with the intent to defraud or mislead is subject to punishment in a county jail or the state prison, as specified, and a fine of not more than $10,000, or both that imprisonment and fine. Existing law also authorizes the Secretary of Food and Agriculture to levy a civil penalty not to exceed $1,000 for each violation against a person who violates provisions governing renderers and transporters of inedible kitchen grease and any regulations adopted pursuant to those provisions. A person against whom a civil penalty is levied may appeal the penalty to the secretary within 10 days of receiving notification of the penalty. This bill would increase the maximum fines for the crimes described above to $5,000 and $15,000, respectively. The bill would increase the maximum civil penalty that may be imposed to $5,000, and would extend the period of time in which a person may appeal the civil penalty to 20 days. The bill would authorize the secretary to file with the superior court a certified copy of the final decision that directs payment of a civil penalty, as specified. (2) Existing law provides that any licensed renderer or collection center operator, or a registered transporter, who fails in any respect to keep the written records, as specified, or to set out in that written record any matter required to be set out in the record, as specified, is guilty of a misdemeanor. This bill would prescribe, for a misdemeanor violation of those provisions, a fine of not less than $500, $1,000, or $2,000, for a first, 2nd, or 3rd or subsequent offense, respectively, or imprisonment in a county jail, as specified, or both that fine and imprisonment. For a 2nd or subsequent offense within a one-year period, or a 3rd or subsequent offense within a 2-year period, the bill would also authorize a court to order the defendant to stop engaging in the business for a period not to exceed 30 days, as specified. The bill would also make a related, conforming change. (3) Existing law requires every licensed renderer to record and retain for one year records containing specified information, including the name and address of every transporter of inedible kitchen grease who has delivered to the renderer and the total amount of inedible kitchen grease purchased in each transaction. A similar provision applies to every registered transporter. Existing law provides that every licensed renderer, collection center operator, or registered transporter who destroys any written record required pursuant to these provisions within one year after making the final entry of any information required by this article, is guilty of a misdemeanor punishable by a fine, imprisonment in a county jail, or both the fine and imprisonment, as specified. This bill would require those persons to retain, and prohibit the destruction of, those records for 2 years, rather than one year. By expanding the scope of crimes, the bill would impose a state-mandated local program. (4) Existing law makes it unlawful for any person to engage in the transportation of inedible kitchen grease without being registered with the Department of Food and Agriculture, for any person who is not a registered transporter or licensed renderer of that product to transport that product from within the state to a place outside the state, for any person to steal, misappropriate, contaminate, or damage that product or containers of it, and for any person to take possession of the product from an unregistered transporter or to knowingly take possession of stolen inedible kitchen grease. Existing law provides that a person who violates these provisions is subject to imprisonment in the county jail for not more than one year, or a fine of not more than $1,000, or both that imprisonment and fine. Existing law provides that if the conviction is a 2nd or subsequent conviction or committed with intent to defraud or mislead, the person is subject to imprisonment in a county jail or state prison, as specified, or a fine of not more than $10,000, or both that imprisonment and fine. This bill would increase those fines to $5,000 and $15,000, respectively. (5) 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.