BILL NUMBER: AB 1566 INTRODUCED
BILL TEXT
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 interpreting this
article. The definitions set forth else where 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.
SEC. 2. Section 2462 of the Vehicle Code is amended to read:
2462. (a) In addition to any other records required to be
kept maintained and retained pursuant
to Chapter 5 (commencing with Section 19200) of Part 3 of Division 9
of the Food and Agricultural Code, every each
licensed renderer and collection center shall
record and keep record and maintain for
two years, in connection with the receipt of kitchen grease that is
not intended for human food, all of the following
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, address, and registration number
name of every 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) Every Each registered
transporter of inedible kitchen grease 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 material inedible
kitchen grease 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 and retained at the regular
place of business of every each
licensed renderer , collection center, and every
registered transporter. Those records shall be exhibited on
demand to any peace officer , motor carrier
specialist with the Department of the California Highway Patrol, or
authorized employee of the Department of Food and
Agriculture .
SEC. 4. Section 2466 of the Vehicle Code is amended to read:
2466. Any A peace officer ,
motor carrier specialist with the Department of the California
Highway Patrol, or authorized employee of the Department of Food and
Agriculture investigator 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.
SEC. 5. Section 2468 of the Vehicle Code is amended to read:
2468. (a) Any A licensed
renderer renderer, collection center, or registered
transporter 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 Each licensed
renderer renderer or collection center, or
registered transporter , who refuses, upon demand of any
peace officer , motor carrier specialist with the Department of
the California Highway Patrol, or authorized employee of the
Department of Food and Agriculture , 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 A violation of subdivision
(a) or (b) is punishable as follows:
(1) For a first offense, by a fine of not less than five
hundred dollars ($500) 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 one thousand dollars ($1,000)
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 order enjoin
the defendant to stop from
engaging in the business as a transporter
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 two thousand dollars
($2,000) 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 order
enjoin the defendant to stop
from engaging in the business as a transporter
transporter, collection center, 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 any 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 .
SEC. 7. 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 or licensed renderer
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.
SEC. 8. Section 2476 of the Vehicle Code is amended to read:
2476. No A licensed renderer
or collection center , registered transporter, or any other
person may shall not take possession of
inedible kitchen grease from an unregistered transporter
transporter, unlicensed renderer or collection center,
or any other person, 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.
(E) Theft or movement of stolen inedible kitchen grease, as
described in subdivision (a) of Section 2480.
(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.