Article 5 - Renderers and Transporters of Inedible Kitchen Grease

California Vehicle Code — §§ 2460-2482

Sections (12)

Amended by Stats. 2014, Ch. 595, Sec. 10. (AB 1566) Effective January 1, 2015.

(a)The definitions set forth in Article 1 (commencing with Section 19200) of Chapter 5 of Part 3 of Division 9 of the Food and Agricultural Code apply for purposes of interpreting this article. The definitions set forth elsewhere in this section also apply for purposes of interpreting this article.

(b)A “licensed renderer” is a renderer licensed under Article 6 (commencing with Section 19300) of Chapter 5 of Part 3 of Division 9 of the Food and Agricultural Code.

(c)A “registered transporter” is a transporter of inedible kitchen grease registered under Article 6.5 (commencing with Section 19310) of Chapter 5 of Part 3

of Division 9 of the Food and Agricultural Code.

(d)A “peace officer” is any peace officer defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code.

(e)A “container” is a receptacle, including, but not limited to, a box, barrel, tank, or jar, for holding meat or meat products, poultry meat or poultry meat products, animal carcasses or parts, inedible kitchen grease, packinghouse waste, or other such items.

(f)A “manifest” is a written or electronic record that contains information required by Section 1180.24 of Article 42 of Subchapter 2 of Chapter 4 of Division 2 of Title 3 of the California Code of Regulations.

(g)“Transportation” means the movement of inedible kitchen grease and the loading, unloading, or

storage incidental to that movement.

(h)“Inedible kitchen grease” means any fat or used cooking grease or oils from any source.

(i)“Rendering” means all recycling, processing, and conversion of animal and fish materials and carcasses and inedible kitchen grease into fats, oils, proteins, and other products that are used in the animal, poultry, and pet food industries and other industries.

(j)“Collection center” means a receiving area for the temporary storage of animal carcasses, packinghouse waste, or other products before transportation to a licensed rendering plant or pet food processor.

(k)“Licensed collection center” means a collection center licensed pursuant to Section 19300.5 of the Food and Agricultural

Code.

§ 2462

Amended by Stats. 2014, Ch. 595, Sec. 11. (AB 1566) Effective January 1, 2015.

(a)In addition to any other records required to be maintained and retained pursuant to Chapter 5 (commencing with Section 19200) of Part 3 of Division 9 of the Food and Agricultural Code, each licensed renderer and collection center shall record and maintain for two years, in connection with the receipt of kitchen grease that is not intended for human food, all of the information required by Section 1180.24 of Article 42 of Subchapter 2 of Chapter 4 of Division 2 of Title 3 of the California Code of Regulations, including, but not limited to, the following:

(1)The name of each registered transporter of inedible kitchen grease who has delivered that material to the licensed renderer or collection center.

(2)The total amount of inedible kitchen grease purchased in each transaction.

(3)The date of delivery for each transaction.

(b)Each registered transporter shall record and maintain for two years a manifest that includes, but is not limited to, all of the following:

(1)The name and address of each location from which the registered transporter obtained the inedible kitchen grease.

(2)The quantity of inedible kitchen grease received from each location.

(3)The date on which the inedible kitchen grease was obtained from each location.

§ 2464

Amended by Stats. 2014, Ch. 595, Sec. 12. (AB 1566) Effective January 1, 2015.

All records required to be retained pursuant to this article shall be maintained and retained at the regular place of business of each licensed renderer, collection center, and registered transporter for two years. Those records shall be exhibited on demand to any peace officer or authorized employee of the Department of the California Highway Patrol or the Department of Food and Agriculture.

§ 2466

Amended by Stats. 2014, Ch. 595, Sec. 13. (AB 1566) Effective January 1, 2015.

A peace officer or an authorized employee of the Department of the California Highway Patrol or the Department of Food and Agriculture may, during normal business hours, inspect any premises maintained by a licensed renderer, collection center, or registered transporter, and any inedible kitchen grease located on the premises, for the purpose of determining whether that renderer, collection center, or transporter is complying with the record maintenance requirements of this article.

§ 2468

Amended by Stats. 2014, Ch. 595, Sec. 14. (AB 1566) Effective January 1, 2015.

(a)A licensed renderer, collection center, or registered transporter who fails in any respect to keep the records required by this article, or to set out in that record any matter required by this article to be set out in the record, is guilty of a misdemeanor.

(b)Each licensed renderer or collection center, or registered transporter, who refuses, upon demand of any peace officer or authorized employee of the Department of the California Highway Patrol or the Department of Food and Agriculture, to exhibit any record required by this article, or who destroys that record within two years after making the final entry of any information required by this article, is guilty of a misdemeanor.

(c)A violation of subdivision (a) or (b) is punishable as follows:

(1)For a first offense, by a fine of not less than one thousand dollars ($1,000), or by imprisonment in the county jail for not more than 30 days, or by both that fine and imprisonment.

(2)For a second offense within a period of one year, by a fine of not less than five thousand dollars ($5,000), or by imprisonment in the county jail for not more than 30 days, or by both that fine and imprisonment. In addition to any other punishment imposed pursuant to this paragraph, the court may enjoin the defendant from engaging in the business as a transporter, collection center, or renderer for a period not to exceed 30 days.

(3)For a third or any subsequent offense within a period of two years,

by a fine of not less than ten thousand dollars ($10,000), or by imprisonment in the county jail for not more than six months, or by both that fine and imprisonment. In addition to any other sentence imposed pursuant to this paragraph, the court shall enjoin the defendant from engaging in the business as a transporter, collection center, or renderer for a period of 30 days.

§ 2470

Amended by Stats. 2014, Ch. 595, Sec. 15. (AB 1566) Effective January 1, 2015.

It is unlawful for a person to engage in the transportation of inedible kitchen grease without being registered with the Department of Food and Agriculture and without being in possession of a valid registration certificate issued by that department, or a copy of the certificate, and a manifest for the inedible kitchen grease being transported.

§ 2472

Amended by Stats. 2014, Ch. 595, Sec. 16. (AB 1566) Effective January 1, 2015.

(a)It is unlawful for any person who is not a licensed renderer or collection center or 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.

(b)It is unlawful for any person who is not a licensed renderer or collection center or registered transporter of inedible kitchen grease to transport that product from any place outside this state to any place inside the borders of this state.

§ 2474

Added by Stats. 1998, Ch. 394, Sec. 3. Effective January 1, 1999.

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

§ 2476

Amended by Stats. 2014, Ch. 595, Sec. 17. (AB 1566) Effective January 1, 2015.

A licensed renderer or collection center, registered transporter, or any other person shall not take possession of inedible kitchen grease from an unregistered transporter, unlicensed renderer or collection center, or any other person, or knowingly take possession of stolen inedible kitchen grease.

§ 2478

Amended by Stats. 2012, Ch. 303, Sec. 6. (AB 2378) Effective January 1, 2013.

(a)Any person who is found guilty of violating Section 2470, 2472, 2474, or 2476, or the rules and regulations promulgated under those provisions, is subject to imprisonment in a county jail for not more than one year, or a fine of not more than five thousand dollars

($5,000), or both that imprisonment and fine.

(b)If the conviction is a second or subsequent conviction of a violation described in subdivision (a), or the violation is committed with intent to defraud or mislead, the person is subject to imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or a fine of not more than fifteen thousand dollars ($15,000), or both that imprisonment and fine.

§ 2480

Amended by Stats. 2015, Ch. 303, Sec. 532. (AB 731) Effective January 1, 2016.

(a)A peace officer may remove a vehicle, within the territorial limits in which the officer may act, if the vehicle is involved in the theft or movement of stolen inedible kitchen grease. If a peace officer removes a vehicle pursuant to this subdivision, the officer may, after citing or arresting the responsible person, seize the vehicle, which may be impounded for up to 15 days.

(b)The registered and legal owner of a vehicle removed and seized pursuant to subdivision (a) or their agents shall be provided the opportunity for a storage hearing to determine the validity of the storage in accordance with Section 22852.

(c)(1) Notwithstanding Chapter 10 (commencing with Section 22650) of Division 11 or any other law, an impounding agency shall release a motor vehicle to the registered owner or his or her agent prior to the conclusion of the impoundment period described in subdivision (a) under any of the following circumstances:

(A) If the vehicle is a stolen vehicle and reported as stolen in accordance with then existing state and local law.

(B) If the legal owner or registered owner of the vehicle is a rental car agency.

(C) If, prior to the conclusion of the impoundment period, a citation or notice is dismissed under Section 40500, criminal charges are not filed by the district attorney because of a lack of evidence, or the charges are otherwise dismissed by the court.

(2)A vehicle shall be released pursuant to this subdivision only if the registered owner or his or her agent presents a currently valid driver’s license to operate the vehicle and proof of current vehicle registration, or if ordered by a court.

(d)A vehicle seized and removed pursuant to subdivision (a) shall be released to the legal owner of the vehicle, or the legal owner’s agent, on or before the 15th day of impoundment if all of the following conditions are met:

(1)The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state, or is another person, not the registered owner, holding a security interest in the vehicle.

(2)The legal owner or the legal owner’s agent pays all towing and storage fees

related to the impoundment of the vehicle. No lien sale processing fees shall be charged to a legal owner who redeems the vehicle on or before the seventh day of impoundment.

(3)The legal owner or the legal owner’s agent presents foreclosure documents or an affidavit of repossession for the vehicle.

(e)(1) The registered owner or his or her agent is responsible for all towing and storage charges related to the impoundment, and any administrative charges authorized under Section 22850.5.

(2)If the vehicle is a rental vehicle, the rental car agency may require the person to whom the vehicle was rented to pay all towing and storage charges related to the impoundment and any administrative charges authorized under Section 22850.5 incurred by the rental car agency in connection with obtaining

possession of the vehicle.

(3)The owner is not liable for any towing and storage charges related to the impoundment if acquittal or dismissal occurs.

(4)The vehicle shall not be sold prior to the defendant’s conviction.

§ 2482

Added by Stats. 2014, Ch. 595, Sec. 19. (AB 1566) Effective January 1, 2015.

(a)To assist law enforcement personnel in enforcing this article, each vehicle transporting inedible kitchen grease shall have a current registration decal issued by the Department of Food and Agriculture permanently affixed and prominently displayed on the upper right corner of the vehicle windshield or in a conspicuous location on the right side of the trailer being towed.

(b)Each vehicle used in the transportation of inedible kitchen grease shall conspicuously display the following information on both front doors of the vehicle in letters not less than two inches high:

(1)The name of the business or person registered as a transporter

with the Department of Food and Agriculture.

(2)The address of the company or owner, or the carrier identification number issued by the California Highway Patrol.

(c)Removable signs shall also display the information specified in subdivision (b).

(d)A violation of this section shall be a correctable offense pursuant to Section 40303.5.