Renderers and farmers' markets: regulatory fees.

Existing law defines rendering as the recycling, processing, and conversion of animal and fish byproducts and carcasses from the meat, poultry, and seafood industries, as well as used kitchen grease into fats, oils, and proteins that are used primarily as feed in the animal, poultry, and pet food industries. Existing law requires every person engaged in the business of rendering to obtain a license from the Department of Food and Agriculture for each rendering plant, establishes the qualifications for obtaining that license, and authorizes a peace officer or any employee of the department to inspect any premises maintained by a renderer that is licensed pursuant to these provisions. This bill would establish in state government a Rendering Industry Advisory Board to advise and to make recommendations to the Secretary of Food and Agriculture regarding, among other things, licensing matters, regulations, procedures for employment, training, supervision, and compensation of inspectors and other personnel, and the rate and collection of license fees and penalties related thereto. The board would consist of 7 members, appointed by the Secretary of Food and Agriculture, 6 of whom are licensed pursuant to the provisions described above and are subject to payment of the rendering program licensing fees. The bill would specify the term of office of members of the board and would require the board to meet at least once a year. The bill would require the secretary, in adopting regulations and procedures, to accept the recommendations of the board if he or she finds them to be practicable and in the interest of the rendering industry and the public. Existing law requires every person engaged in the business of rendering or of operating a collection center to obtain a license from the Department of Food and Agriculture for each rendering plant or collection center operated, as specified. Existing law requires licensees to keep specified records and authorizes the department to suspend or revoke a registration certificate under specified circumstances. Existing law regulates transporters of inedible kitchen grease. Law operative until January 1, 2010, and repealed as of January 1, 2011, authorized the collection of administrative fees, as specified, from renderers and collection centers in connection with rendering. Other provisions of existing law require the funds collected to be deposited into a special fund, the continuously appropriated Food and Agriculture Fund. This bill would reenact the provisions repealed as of January 1, 2011. The bill would make these provisions inoperative as of July 1, 2015. By reenacting these provisions requiring collection and deposit of funds into a continuously appropriated fund, this bill would make an appropriation. Existing law requires, until January 1, 2012, that every operator of a certified farmers' market remit to the department a fee equal to the number of agricultural producers participating on each market day for the entire previous quarter which shall be used by the department upon appropriation by the Legislature, as specified. This bill would extend these provisions until January 1, 2014. Existing law provides that California farmers may transport for sale and sell California-grown fresh fruits, nuts, and vegetables that they produce directly to the public at a certified farmers' market, as specified. Existing law provides that it is unlawful for any person operating under these provisions to commit certain acts related to the conduct of farmers' markets. Existing law, until January 1, 2012, provides that in lieu of prosecution, but not precluding suspension or revocation of certified producer's certificates or certified farmers' market certificates, the secretary or the county commissioner may levy a civil penalty against a person who violates these provisions or any regulation implemented pursuant to these provisions, as specified. This bill would extend the provision authorizing the civil penalty until January 1, 2014.