SECTIONS 19310-19317 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 19310-19317

19310. (a) It is unlawful for any person or entity to engage in the
transportation of inedible kitchen grease without being registered
with the department and without being in possession of a valid
registration certificate issued by the department.
(b) Each registration shall expire on December 31st each year.
(c) (1) The department shall require, as a condition of
registration, that the applicant demonstrate the ability to respond
to damages resulting from the transportation of inedible kitchen
grease.
(2) The damages to be covered include public liability, which
shall include, but not be limited to, liability for personal injury
and property damage.
(3) The ability to respond to damages shall be demonstrated by
providing proof of a policy of insurance or surety bond for that
purpose in an amount not less than two million dollars ($2,000,000),
except that the required amount shall be not less that one million
dollars ($1,000,000) if the applicant operates only one vehicle and
the vehicle has a gross vehicle weight rating of not more than 10,000
pounds.
(4) This subdivision shall not preempt a local ordinance or rule
that is more stringent than the provisions of this section.

19310.5. It is unlawful for any person who is not a registered
transporter of inedible kitchen grease to transport that product from
any place within this state to any place outside the borders of this
state.

19310.7. Any person registered as a transporter of inedible kitchen
grease may deliver any inedible kitchen grease to a licensed
renderer or collection center for processing or recycling into usable
products. As used in this section, "usable products" includes, but
is not limited to, biofuels, lubricants, and animal feed, provided
the uses for animal feed are permitted by the rules and regulations
adopted by the United States Food and Drug Administration.

19311. Any renderer who operates vehicles for the purpose of
collecting inedible kitchen grease shall register as a transporter of
inedible kitchen grease and otherwise comply with this article.

19312. (a) Registration shall be made with the department and 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 vehicles to be used in the transportation.
(4) A registration fee of one hundred dollars ($100).
(5) A list of the names of the drivers employed by the transporter
who transport inedible kitchen grease subject to this article and
their drivers' license numbers.
(6) Any other information that may be required by the department.
(b) Any renderer or collection center that registers pursuant to
this article is not required to pay the fee prescribed in this
section.
(c) The department may refuse to issue an original or renewal
registration certificate to any applicant for which the grounds
specified in subdivisions (a) to (e), inclusive, of Section 19314
exist.
(d) (1) The applicant may appeal the decision of the department to
refuse to register the applicant.
(2) The department shall establish procedures for the appeals
process, to include a noticed hearing.
(3) The department may reverse a decision to refuse to register
the applicant, upon a finding of good cause to do so.

19313. Every vehicle used in the transportation of inedible kitchen
grease shall conspicuously display the name of the owner of the
vehicle in letters not less than two inches high.

19313.1. In addition to any other records required to be kept
pursuant to this chapter, every transporter of inedible kitchen
grease shall record and maintain for two years all of the following:
(a) The name and address of each location from which the
transporter obtained the inedible kitchen grease.
(b) The quantity of material received from each location.
(c) The date on which the inedible kitchen grease was obtained
from each location.

19313.5. It is unlawful for any person to steal, misappropriate,
contaminate, or damage inedible kitchen grease, or containers
thereof.

19313.8. No registered transporter or any other person shall take
possession of inedible kitchen grease from an unregistered
transporter or knowingly take possession of stolen inedible kitchen
grease.

19314. The department may suspend or revoke a registration
certificate, at any time, if it finds any of the following has
occurred:
(a) The registrant has sold or offered for sale to an unlicensed
person, any inedible kitchen grease.
(b) The registrant has stolen, misappropriated, contaminated, or
damaged inedible kitchen grease or containers thereof.
(c) The registrant has violated this article or any regulations
adopted to implement this article.
(d) The registrant has taken possession of inedible kitchen grease
from an unregistered transporter or has knowingly taken possession
of inedible kitchen grease that has been stolen.
(e) The registrant has been found to have engaged in, or aided and
abetted another person or entity in the commission of, any violation
of a statute, regulation, or order relating to the transportation or
disposal of inedible kitchen grease, including a violation of the
federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.),
the Porter-Cologne Water Quality Control Act (Chapter 1.5 (commencing
with Section 13020) of Division 7 of the Water Code), Section 5650
of the Fish and Game Code, commercial vehicle weight limits, or
commercial vehicle hours of service.
(f) For purposes of this section, "registrant" includes any
business entity, trustee, officer, director, partner, person, or
other entity holding more than 5 percent equity, ownership, or debt
liability in the registered entity engaged in the transportation of
inedible kitchen grease.
(g) (1) The registrant may appeal the suspension or revocation
decision of the department.
(2) The department shall establish procedures for the appeals
process, to include a noticed hearing.
(3) The department may reverse a suspension or revocation upon a
finding of good cause to do so.

19315. (a) Except as provided in subdivision (b), in addition to
the registration fee required by Section 19312, the department may
charge a fee necessary to cover the costs of administering this
article. Any additional fee charged pursuant to this section shall
not exceed three hundred dollars ($300) per year per vehicle that is
operated to transport kitchen grease, and shall not exceed three
thousand dollars ($3,000) per year per registered transporter.
(b) An individual registered pursuant to this article who
transports inedible kitchen grease for his or her own personal,
noncommercial use as an alternative fuel is exempt from 75 percent of
the fee charged pursuant to subdivision (a), and shall meet all of
the following requirements:
(1) The individual shall meet all other requirements of this
article.
(2) The individual shall not transport more than 55 gallons of
inedible kitchen grease per load for that purpose, and shall have no
more than 165 gallons of inedible kitchen grease in his or her
possession or control at any time.
(3) The individual shall not take any inedible kitchen grease from
a container owned by another registered transporter of inedible
kitchen grease or from an inedible kitchen grease provider under
contract with a registered transporter of inedible kitchen grease or
from a container owned by a renderer or collection center.
(4) The individual shall have a document in his or her possession
while transporting inedible kitchen grease signed by the responsible
party providing the inedible kitchen grease to the individual at the
source of the inedible kitchen grease that provides permission for
the inedible kitchen grease to be removed from that site.
(5) The individual shall specify where the inedible kitchen grease
is stored and processed as an alternative fuel, if that address is
different from the address included on the registration form for that
individual pursuant to Section 19312.
(6) The individual shall not sell, barter, or trade any inedible
kitchen grease.
(c) The secretary shall fix the annual fee established pursuant to
this section and may fix different fees for transporters of inedible
kitchen grease and collection centers, and for transporters of
interceptor grease. The secretary shall also fix the date the fee is
due and the method of collecting the fee. If an additional fee is
imposed on licensed renderers pursuant to subdivision (a) of Section
19227 and an additional fee is imposed on registered transporters
pursuant to subdivision (a), only one additional fee may be imposed
on a person or firm that is both licensed as a renderer pursuant to
Article 6 (commencing with Section 19300) and registered as a
transporter of inedible kitchen grease pursuant to this article,
which fee shall be the higher of the two fees.
(d) If the fee established pursuant to this section is not paid
within one calendar month of the date it is due, a penalty shall be
imposed in the amount of 10 percent per annum on the amount of the
unpaid fee.
(e) This section shall become inoperative on July 1, 2015, and, as
of January 1, 2016, is repealed, unless a later enacted statute,
which becomes effective on or before January 1, 2016, deletes or
extends the dates on which it becomes inoperative and is repealed.
(f) For the purposes of this section, "interceptor grease" means
inedible kitchen grease that is principally derived from food
preparation, processing, or waste, and that is removed from a grease
trap or grease interceptor.

19316. It is the purpose of this article to prevent the sale and
transfer of illegally obtained inedible kitchen grease, to protect
the environment, to reduce blockages of public sewer systems, and to
prevent the improper and illegal transportation and disposal of
inedible kitchen grease.

19316.5. The department is authorized to establish a system for
documenting and tracking the transportation of inedible kitchen
grease in order to ensure the proper disposal or recycling of that
material.

19317. A registered transporter of inedible kitchen grease shall,
whenever any contract for the transportation of inedible kitchen
grease under which that transporter provides transportation services
is terminated or expires, notify the county health officer for the
county in which the inedible kitchen grease was collected of the
termination or expiration of the contract and that the registered
transporter is no longer transporting inedible kitchen grease
pursuant to that contract.