Senate committee substitute makes the following changes to 3rd edition. Amends GS 106-168.1 to (1) modify definition of collector to include a person who collects waste kitchen grease. Specifies that collector does not include restaurants or other food establishments that generate kitchen grease; (2) add definitions of farmer and waste kitchen grease. Rewrites GS 106-168.2 to forbid a person from engaging in rendering operations or acting as a collector of waste kitchen grease unless licensed to do so. Amends GS 106-168.3 to specify that exemption from licensing and regulation requirements of certain premises do not apply to a person acting as a collector of waste kitchen grease. Amends GS 106-168.4 to increase application fee to $100 (was $50). Imposes annual renewal fee for rendering license of $100.
Amends GS 106-168.7 to specify that rendering license is valid for one year and must be renewed upon submission of a certification under oath of compliance with the legal requirements for licensure and payment of the annual renewal fee.
Rewrites GS 106-168.9 to clarify that any person holding a rendering license or acting as a collector, as defined, may haul and transport raw material or waste kitchen grease, except as prohibited by law. Amends GS 106-168.14 to specify that its provisions apply to collectors of raw material, as defined in GS 106-168.1. Amends GS 106-168.14 to specify that its provisions apply to collectors of raw material, as defined in GS 106-168.1.
Adds new GS 106-168.14A to make collectors of waste kitchen grease subject to certain provisions, including application procedures for licensing, licensing renewal requirements, and certain information retention and inspection requirements. Prohibits any person required to be licensed from collecting or transporting waste kitchen grease without possessing a copy of the license and conspicuously displaying the licensee’s name and license number on any vehicle used to transport the waste kitchen grease. Specifies that the following acts constitute a violation of Article 14A: (1) selling or offering for sale to any unlicensed person any waste kitchen grease, knowing such unlicensed person would transport or process the waste kitchen grease in violation of Article 14A; (2) stealing, misappropriating, contaminating, or damaging any waste kitchen grease container; (3) taking or possessing waste kitchen grease from a collector that is not licensed, unless otherwise authorized by Article 14A, or knowingly taking possession of waste kitchen grease that has been stolen; or (4) to place a label on a waste kitchen grease container owned by another person in order to assert ownership over the container. Specifies that the statute does not apply to a farmer who collects waste kitchen grease for a use related to his or her farm.
Adds new GS 106-168.14B to specify that a container in which waste kitchen grease is deposited that bears a name on the container is presumed to be owned by the person named on the container. Amends proposed GS 14-79.2 to remove the definition of waste kitchen grease and makes conforming change. Provides for a civil penalty of up to $5,000 against any person who violates the Article. Makes technical changes to GS 106-168.10, and GS 106-168.11. Effective January 1, 2012, and applies to offenses committed on or after that date. Changes title to AN ACT TO AMEND THE LAWS GOVERNING RENDERING PLANTS AND OPERATIONS AND TO BRING THE COLLECTION OF WASTE KITCHEN GREASE WITHIN THE PURVIEW OF THE ACT.