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View NCGA Bill Details2011-2012 Session
Senate Bill 599 (Public) Filed Wednesday, April 13, 2011
Intro. by Bingham, Brock, Rouzer.

Status: Ref To Com On Finance (House Action) (Jun 13 2011)
S 599

Bill Summaries:

  • Summary date: Jun 7 2011 - View Summary

    Senate 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 at any waste kitchen grease operation). Makes conforming changes. 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 effective date of the act, and makes conforming changes to the title. Makes other technical changes.

  • Summary date: Apr 13 2011 - View 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.