Today's Law As Amended


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AB-2959 Solid waste: byproducts from the processing of food or beverages.(2019-2020)



As Amends the Law Today


SECTION 1.

 Section 40059.4 of the Public Resources Code is amended to read:

40059.4.
 (a) For purposes of this section, “industrial source” means any of the following:
(1) An entity that manufactures, packs, or holds processed food for human consumption, but does not provide food directly to the consumer, and that is  required to be registered pursuant to Section 110460 of the Health and Safety Code. Code, but not including retail and commercial establishments such as supermarkets, grocers, restaurants, and other retail food establishments. 
(2) An entity that manufactures, packs, or holds processed food for human consumption, but does not provide food directly to the consumer, and that is  exempted from registration pursuant to Section 110480 of the Health and Safety Code. Code, but not including retail and commercial establishments such as supermarkets, grocers, restaurants, and other retail food establishments. 
(3) A beer manufacturer, as defined in Section 23012 of the Business and Professions Code.
(4) A winegrower, as defined in Section 23013 of the Business and Professions Code.
(5) A brandy manufacturer, as defined in Section 23014 of the Business and Professions Code.
(4) (6)  A distilled spirits manufacturer, as defined in Section 23015 of the Business and Professions Code.
(b) A county, city, district, or local governmental agency shall not subject the hauling of byproducts from the processing of food or beverages to an exclusive solid waste  franchise, contract, license, or permit, if those byproducts meet all of the following conditions:
(1) The byproducts originate from agricultural or industrial sources. sources, including, but not limited to, entities that manufacture or distill beer, wine, or spirits. 
(2) The byproducts do not include animal, including fish, processing byproducts.
(3) The byproducts are source separated by the generator of the byproducts.
(4) The byproducts are not discarded.
(5) The byproducts are used as animal feed.
(c) If an entity has a physical location that includes both an industrial source and a retail food establishment, only the byproducts generated by the industrial source are subject to the provisions of subdivision (b).