GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
H 2
HOUSE BILL 512
Committee Substitute Favorable 5/19/11
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Short Title: Rendering Act Amendments. |
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Sponsors: |
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Referred to: |
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March 30, 2011
A BILL TO BE ENTITLED
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.
The General Assembly of North Carolina enacts:
SECTION 1. Article 14A of Chapter 106 of the General Statutes reads as rewritten:
"Licensing and Regulation of Rendering Plants
and Plants, Rendering Operations.Operations, and Waste
Kitchen Grease Collection.
"§ 106-168.1. Definitions.
For the purposes of this Article, unless the context or
subject matter otherwise clearly requires, requires:
(1) "Collector" means any person, as defined in this section, who collects raw material or waste kitchen grease for the purpose of selling the same to any renderer or other person for further processing. "Collector" does not include restaurants or other food establishments that generate kitchen grease.
(1a) "Farmer" means any person actively engaged in agriculture as defined in G.S. 106-581.1. "Farmer" does not include a person who cultivates a garden solely for personal use.
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(6) "Waste kitchen grease" means animal fats or vegetable oils that have been used, and will not be reused, for cooking in a food establishment. "Waste kitchen grease" does not include grease septage as defined in G.S. 130A-290.
"§ 106-168.2. License required.
No person shall engage in rendering operations or act as a collector of waste kitchen grease unless such person shall hold a valid license to do so issued as hereinafter provided.
"§ 106-168.3. Exemptions.
Nothing in this Article shall apply to the premises or the
rendering operations on the premises of any establishment operating under a
numbered permit from the North Carolina Department of Agriculture and Consumer
Services as provided by the North Carolina Meat Inspection Act, or under United
States government inspection.inspection; provided, however, no person
shall be exempt from the requirements of this Article when acting as a
collector of waste kitchen grease.
"§ 106-168.4. Application for rendering license.
Application for license shall be made to the Commissioner of
Agriculture, hereinafter called the "Commissioner," on forms provided
by him. The application shall set forth the name and residence of the
applicant, his present or proposed place of business, the particular method
which he intends to employ or employs in the processing of raw material, and
such other information as the Commissioner may require, except that the
Commissioner shall not require the submission of blueprints, plans, or
specifications of the existing plant or equipment of any person owning and
operating a rendering plant in North Carolina on January 1, 1953. require.
The applicant shall pay a fee of fifty dollars ($50.00) one hundred
dollars ($100.00) with each application, which said fee shall be the
only charge made in connection with licensure.application and a renewal
fee of one hundred dollars ($100.00) annually after meeting the renewal
requirements of this Article.
"§
106-168.5. Duties of Commissioner upon receipt of application; the
application for a rendering license; inspection committee.
Upon receipt of the application, application for a
rendering license, the Commissioner shall promptly cause the rendering
plant and equipment, or the plans, specifications, and selected site, of the
applicant to be inspected by an inspection committee hereinafter called the
"committee," which shall be composed of three members: One member who
shall be designated by the Commissioner of Agriculture and who shall be an
employee of the Department of Agriculture and Consumer Services, one member who
shall be designated by the Secretary of Health and Human Services and who shall
be an employee of the Department of Health and Human Services, and one member
who shall be designated by the director board of directors of the
North Carolina Division of the Southeastern Renderers Association, and
who shall be a person having practical knowledge of rendering operations. Each
member may be designated and relieved from time to time at the discretion of
the designating authority. No State employee designated as a member of the
committee shall receive any additional compensation therefor and no
compensation shall be paid by the State to any other member.
"§ 106-168.6. Inspection by committee; certificate of specific findings.
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"§ 106-168.7. Issuance of rendering license.
Upon receipt of the certificate of compliance from the
committee, the Commissioner shall issue a rendering license to the
applicant to conduct rendering operations as specified in the application. A
license shall be valid until revoked for cause as hereinafter provided.for
one year and shall be renewed upon submission of a certification under oath of
compliance with the requirements under this Article for licensure and payment
of the annual renewal fee.
"§ 106-168.8. Minimum standards for conducting rendering operations.
The following minimum standards shall be required for all rendering operations subject to the provisions of this Article:
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(8) Proof of general liability insurance of one million dollars ($1,000,000) shall be made in a manner satisfactory to the Commissioner.
"§ 106-168.9. Transportation by licensee.
Any person holding a rendering license under the
provisions of this Article, or acting as a collector as herein defined, may
haul and transport raw material, material or waste kitchen grease,
except such material or waste kitchen grease as may be specifically
prohibited by law or by the rules and regulations promulgated by the
Commissioner, when such transporting and hauling is done in accordance with the
provisions of this Article.
"§ 106-168.10. Disposal of diseased animals.
Any person holding a rendering license under the provisions of this Article is authorized to kill diseased, sick, old or crippled animals on the premises of the owner upon his request; provided that no animal known to have tuberculosis, Bang's disease, anthrax, or any other disease for which quarantine may be imposed, shall be removed from any premises placed under quarantine without permission of the State Veterinarian, or his authorized agent. The licensee shall keep and make available to the Commissioner, upon request, such records as the Commissioner may require with respect to the collection and disposal of dead animals.
"§ 106-168.11. Authority of agents of rendering licensee.
Authority granted to any person holding a valid rendering license under the provisions of this Article shall extend also to the agents and employees of such person while acting within the scope of their authority. All such agents and employees shall comply with the provisions of this Article and rules and regulations not inconsistent therewith, and shall display evidence of such employment or agency upon proper request at any time while so acting.
"§ 106-168.12. Commissioner authorized to adopt rules and regulations.
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"§ 106-168.13. Effect of failure to comply.
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"§ 106-168.14. Collectors of raw material subject to certain provisions.
Any collector, collector of raw material, as
defined in this Article,G.S. 106-168.1, shall be subject to
the provisions of subdivision (5) and subdivision (6) of G.S. 106- 168.8
and the provisions of G.S. 106-168.9, and any rules and regulations
adopted by the Commissioner pursuant thereto.
"§ 106-168.14A. Collectors of waste kitchen grease subject to certain provisions.
(a) Any collector of waste kitchen grease shall submit an application for licensure to the Commissioner not less than 30 days before conducting any such collection or transportation. Licensure shall be for one year. The application shall be submitted in accordance with a procedure established by the Commissioner for this purpose. The application shall include all of the following:
(1) The applicant's name and address.
(2) A description of the operations to be performed by the applicant.
(3) The make, model, license number, and vehicle identification number of any vehicle to be used for the transportation of waste kitchen grease.
(4) A nonrefundable application fee of one hundred dollars ($100.00).
(b) The Commissioner shall issue each licensee a unique license number and a certificate. The license shall be renewable annually January 1, when accompanied by a one hundred dollar ($100.00) licensing renewal fee and certification of compliance with the provisions of this Article.
(c) Every licensee shall record, maintain for two years, and make available for inspection by the Department all of the following information:
(1) The name and address of each location or person from which the registrant obtained the waste kitchen grease for transportation.
(2) The quantity of material received from each location or person.
(3) The date on which the waste kitchen grease was obtained from each location or person.
(4) The waste kitchen grease operation or other processor to whom the waste kitchen grease was delivered.
(d) No person required to be licensed under this Article shall collect or transport waste kitchen grease without all of the following:
(1) Having in his or her possession a copy of the license required by this Article or other proof that the person is in compliance with the licensure requirement of this Article.
(2) Conspicuously displaying the licensee's name and the license number in letters not less than three inches high on any vehicle used for the transportation of waste kitchen grease.
(e) It shall be a violation of this Article for a collector to do any of the following:
(1) Sell or offer for sale to any person unlicensed under this Article any waste kitchen grease, knowing such unlicensed person would transport such waste kitchen grease in violation of this Article.
(2) Steal, misappropriate, contaminate, or damage any waste kitchen grease container or grease therein.
(3) Take or possess waste kitchen grease from a collector that is not licensed under this section unless otherwise allowed under this Article, or knowingly take possession of waste kitchen grease that has been stolen.
(4) Place a label on a waste kitchen grease container owned by another person in order to assert ownership over the container.
(f) This section does not apply to a farmer who collects waste kitchen grease for a use that is related to his or her farm.
"§ 106-168.14B. Presumption of ownership.
A container in which waste kitchen grease is deposited that bears a name on the container shall be presumed to be owned by that person named on the container.
"§ 106-168.15. Violation a misdemeanor.
Any person conducting rendering operations or collecting raw material in violation of the provisions of this Article shall be guilty of a Class 1 misdemeanor.
"§ 106-168.16. Civil penalties.
The Commissioner may assess a civil penalty of not more than five thousand dollars ($5,000) against any person who violates a provision of this Article or any rule promulgated thereunder. In determining the amount of the penalty, the Commissioner shall consider the degree and extent of harm caused by the violation.
The clear proceeds of civil penalties assessed pursuant to this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2."
SECTION 2. Article 16 of Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14-79.2. Larceny of waste kitchen grease.
If any person shall take and carry away, or shall aid in taking or carrying away, any waste kitchen grease container or the waste kitchen grease contained therein, which container bears a notice that unauthorized removal is prohibited without written consent of the owner of the container, that person shall be guilty of:
(1) A Class 1 misdemeanor if the value of the waste kitchen grease container, or the container and the waste kitchen grease contained therein, is one thousand dollars ($1,000) or less.
(2) A Class H felony if the value of the waste kitchen grease container, or the container and the waste kitchen grease contained therein, is more than one thousand dollars ($1,000)."
SECTION 3. Section 1 of this act becomes effective January 1, 2012, and applies to collectors of waste kitchen grease on or after that date. Section 2 of this act becomes effective January 1, 2012, and applies to offenses occurring on or after that date.