Bill Text: CA AB2681 | 2011-2012 | Regular Session | Introduced
Bill Title: Food waste.
Spectrum: Unknown
Status: (Introduced - Dead) 2012-04-23 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2681 Detail]
Download: California-2011-AB2681-Introduced.html
BILL NUMBER: AB 2681 INTRODUCED
BILL TEXT
INTRODUCED BY Committee on Agriculture
MARCH 8, 2012
An act to repeal and add Chapter 2 (commencing with Section 10901)
to Part 3 of Division 5 of, and to repeal and add Division 8
(commencing with Section 16001) of, the Food and Agricultural Code,
relating to food waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 2681, as introduced, Committee on Agriculture. Food waste.
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 Director of Food and
Agriculture, except any institution or agency of the state, a county,
or any municipal or other public corporation. Existing law 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.
The bill would repeal and recast those provisions, and would
instead make it unlawful for a person to feed swine food waste, as
defined, unless the food waste has been processed in accordance with
specified provisions and the person has obtained a license. The bill
would provide that the license shall expire on July 1 of each year,
and would authorize the department to collect a reasonable fee for
the license and for renewal of the license. The bill would also
specify that in addition to other penalties, a person who is
convicted of a violation of these provisions shall not be allowed to
recover compensation from the Department of Food and Agriculture for
the confiscation or destruction of swine.
Existing law regulates the disposal of garbage from vessels and
aircraft, as those terms are defined, and makes it unlawful for 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.
This bill would repeal those provisions, and would instead make it
unlawful to dispose of food waste from vessels, aircraft, or any
other vehicle into any territorial waters or onto land within the
state, except as specified, including immediate burning in
incinerators. The bill would authorize the department to promulgate
regulations necessary to effectuate the purpose of those provisions.
By creating new crimes, the bill would impose a state-mandated
local program.
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. Chapter 2 (commencing with Section 10901) of Part 3 of
Division 5 of the Food and Agricultural Code is repealed.
SEC. 2. Chapter 2 (commencing with Section 10901) is added to Part
3 of Division 5 of the Food and Agricultural Code, to read:
CHAPTER 2. SWINE FOOD WASTE FEEDING
10901. As used in this chapter, "food waste" means any waste that
consists in whole or in part of any animal waste, including fish and
poultry, that results from handling, preparing, cooking, and
consuming food, including the offal from an animal carcass or from
any part of an animal carcass. It does not include waste from
ordinary household operations that is fed directly to swine on the
premises.
10902. It is unlawful for any person to feed food waste to swine
unless the food waste has been heated, cooked, treated, or processed
under a temperature, pressure, process, or method for the period of
time necessary to render the food waste free of any contagious,
infectious, or communicable disease. This section shall not apply to
an individual who feeds his or her own swine the food waste from his
or her own household.
10903. The secretary may enter any premises where food waste is
fed to swine and may examine and test any equipment or facilities for
processing and handling food waste, observe and physically inspect
the health status of any species on the premises, and review records
and make copies of records. The secretary may in writing order any
person that is subject to this chapter to cease the operation of any
equipment or facility that the secretary finds is unsuitable or
improperly operated or maintained.
10904. A person shall not feed food waste to swine without first
having applied for and obtained a license from the department. The
department is authorized to collect a fee for each application for a
license or renewal of a license. That fee shall be in an amount to
cover the reasonable costs to the department to issue or renew the
license. A license shall expire on July 1 of each year.
10905. A licensed feeder of food waste shall keep and furnish the
department with information the department requires regarding the
collection, transportation, distribution, and processing of food
waste.
10906. A licensed feeder of food waste shall keep and maintain
sanitary at all times the vehicles used in the collection,
transportation, and distribution of food waste.
10907. The department is authorized to promulgate regulations as
may be necessary to effectuate the purpose of this chapter.
10908. A violation of this chapter is sufficient cause for the
refusal to issue or renew a license, and may result in the revocation
or suspension of a license. Any proceeding for the denial or
revocation of a licensed pursuant to this section shall be conducted
in accordance with Chapter 4.5 (commencing with Section 11445) of
Part 1 of Division 3 of Title 2 of the Government Code.
10909. In addition to the penalties provided by this chapter, any
person who is convicted of a violation of these provisions shall not
be allowed to recover compensation from the department for the
confiscation or destruction of any swine that are fed uncooked food
waste.
SEC. 3. Division 8 (commencing with Section 16001) of the Food and
Agricultural Code is repealed.
SEC. 4. Division 8 (commencing with Section 16001) is added to the
Food and Agricultural Code, to read:
DIVISION 8. Vessel and Aircraft Food Waste
16001. It is unlawful for any person to throw, discharge,
deposit, remove, or carry food waste or food stores, or cause,
suffer, or procure food waste or food stores to be thrown,
discharged, deposited, removed, or carried from, any vessel,
aircraft, or any other vehicle into any territorial waters or land
within the state, except for any of the following:
(a) Immediately burning in incinerators.
(b) Approved treatment or approved disposal under the supervision
and pursuant to regulations of the secretary.
(c) Delivery to a food waste collector that, for the purpose of
accepting food waste, is licensed by the secretary or by the federal
government.
16002. It is unlawful for any person to retain or maintain food
waste on any vessel, aircraft, or other vehicle within the state,
except in tightly closed containers or receptacles and under the
treatment as may be prescribed by the secretary.
16003. The department is authorized to promulgate regulations as
may be necessary to effectuate the purpose of this division.
SEC. 5. 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.
