GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2011

H                                                                                                                                                   3

HOUSE BILL 512

Committee Substitute Favorable 5/19/11

Committee Substitute #2 Favorable 6/9/11

 

Short Title:        Rendering Act Amendments.

(Public)

Sponsors:

 

Referred to:

 

March 30, 2011

A BILL TO BE ENTITLED

AN ACT to amend the laws governing rendering plants and operations and to INCREASE THE PENALTY FOR Larceny of waste kitchen grease.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 106-168.5 reads as rewritten:

"§ 106-168.5.  Duties of Commissioner upon receipt of application; inspection committee.

Upon receipt of the application,  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."

SECTION 2.  G.S. 106-168.8 reads as rewritten:

"§ 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:

…

(8)        Proof of general liability insurance of one million dollars ($1,000,000) shall be made in a manner satisfactory to the Commissioner."

SECTION 3.  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.

(a)        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).

(b)        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.

(c)        "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."

SECTION 4.  Sections 1, 2, and 4 of this act become effective January 1, 2012.  Section 3 of this act becomes effective January 1, 2012, and applies to offenses occurring on or after that date.