Bill Summary for S 599 (2011-2012)

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Summary date: 

Apr 13 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
Senate Bill 599 (Public) Filed Wednesday, April 13, 2011
TO AMEND THE LAWS GOVERNING RENDERING PLANTS AND OPERATIONS AND TO BRING THE COLLECTION AND PROCESSING OF WASTE KITCHEN GREASE WITHIN THE PURVIEW OF THE ACT.
Intro. by Bingham, Brock, Rouzer.

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Bill summary

Identical to H 512, filed 3/29/11.

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.