AN ACT TO AMEND THE LAWS GOVERNING RENDERING PLANTS AND OPERATIONS, TO REQUIRE CERTIFICATION OF GREASE OWNERSHIP BY COLLECTORS OF WASTE KITCHEN GREASE, AND TO CREATE CRIMINAL PENALTIES RELATED TO WASTE KITCHEN GREASE. Summarized in Daily Bulletin 3/29/11, 5/19/11, 6/9/11, 6/15/11, and 6/19/12. Enacted June 29, 2012. Effective January 1, 2013.
Bill Summaries: H 512 RENDERING ACT AMENDMENTS.
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Summary date: Jul 2 2012 - View Summary
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Bill H 512 (2011-2012)Summary date: Jun 19 2012 - View Summary
Conference report recommends the following changes to 4th edition to reconcile matters in controversy.
Amends proposed GS 106-168.14A, which subjects collectors of waste kitchen grease to certain provisions, to delete all provisions in previous edition (related to licensure and violations), and instead requires any collector of waste kitchen grease, as defined, to provide the purchaser with a statement of ownership. Amends proposed GS 14-79.2 (unlawful acts and penalties) to add two unlawful activities; retains penalty provisions. Specifies that a container of grease with a name on the container is presumed to be owned by the named person. Retains modifications to GS 106-168.5 (clarifying inspection committee), with a conforming change, and to GS 106-168.8, which requires proof of liability insurance of $1 million. Deletes all other amendments to provisions in Article 14A (Licensing and Regulation of Rendering Plants and Operations) of GS Chapter 106. Deletes the defined term farmer and the changes made to the definition for collector in GS 106-168.1. Makes conforming changes to the bill title. Changes the act’s effective date to January 1, 2013 (was, January 1, 2012).
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Bill H 512 (2011-2012)Summary date: Jun 15 2011 - View Summary
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.
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Bill H 512 (2011-2012)Summary date: Jun 9 2011 - View Summary
House committee substitute makes the following changes to 2nd edition. Retains the amendments to GS 106-168.5 (clarifying duties of Commissioner upon receipt of application; inspection committee); GS 106-168.8 (requiring proof of liability insurance of $1 million); and new GS 14-79.2 (setting out penalties for larceny of waste kitchen grease). Deletes all other provisions of previous edition. Makes clarifying changes.
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Bill H 512 (2011-2012)Summary date: May 19 2011 - View Summary
House committee substitute makes the following changes to 1st edition. Deletes waste kitchen grease operation as a defined term from GS 106.168.1. 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 (previously, also prohibited storing or processing waste kitchen grease). Rewrites GS 106-168.3 to clarify that no person is exempt from the requirements of Article 14A of GS Chapter 106 when acting as a collector of waste kitchen grease. 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. Rewrites proposed GS 106-168.14A(e) to also make it a violation to place a label on a waste kitchen grease container owned by another person in order to assert ownership over the container. Deletes proposed GS 106-168.14A(f) which exempted certain collectors from the application fee requirement. Amends proposed GS 106-168.14B to clarify that a container in which waste kitchen grease is deposited that bears a name is presumed to be owned by the named person. Rewrites proposed GS 14-79.2 to provide criminal penalties for the unlawful taking of waste kitchen grease. Provides that the severity (either a Class 1 misdemeanor or a Class H felony) of such penalties is determined by the value of the waste kitchen grease container and waste kitchen grease contained therein. Makes clarifying changes to the act’s effective date, and makes conforming changes to the title.
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Bill H 512 (2011-2012)Summary date: Mar 29 2011 - View Summary
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, waste kitchen grease, and waste kitchen grease operation.
Amends GS 106-168.2 to require that any person that stores or processes waste kitchen grease at any waste kitchen grease operation or acts as a collector of waste kitchen grease to obtain a valid license.
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, or to a person storing or processing, waste kitchen grease at a waste kitchen grease operation.
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.
Amends GS 106-168.8 to add to the minimum standards required for conducting rendering operations proof of general liability insurance of $1 million.
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 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 violations 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; and (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. Exempts certain collectors from the application fee requirement. Specifies that 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 unless another person in writing states that he or she is the owner.
Makes technical changes to GS 106-168.5, GS 106-168.9, GS 106-168.10, and GS 106-168.11.
Adds new GS 14-79.2 to make it a Class H felony for any person to take and carry away, or aid in the taking or carrying away, of any waste kitchen grease in a container bearing the name of the owner of the container and bearing a notice that unauthorized removal is prohibited without written consent of the owner.
Effective January 1, 2012.