California Collection Laws Changed

[JOAT]

Well, Friday I found that I'm required by law to have a transporter license, $175, to collect any sort of kitchen oil or grease. Bummer, but OK I can live with that (fines are $500 first offense, $1000 each occurance after)

Text of codes

Talked to a rep at CDFA, Ross Massey, about filling out the FORM properly for personal use. He told me, that to his surprise, he had just received notice that a $1,000,000 Bond would be required to get this license as of jan 1, 2006. Now, don't call and yell at this guy, he's just doing his job. In fact he was very concerned, as he knew this requirement would eliminate alot of smaller collectors and potential new startups.

I found the new bill, AB 1065, actually specified $2,000,000 for the bond.

This is really annoying to me, as you would assume with all the environmentalist groups here, that the state would encourage grassroots recycling of WVO. Instead, CA is in the lead to eliminating it for the little guy. Guess the big rendering companies have alot of political weight to swing around.

[Rex Leone]

Ought to be interesting how this one plays out. Wondering what he said since according to the code you are neither a renderer nor a transporter as you are not taking the "kitchen grease" to a licensed renderer. What we do really falls outside the scope of the code as written. Not sure how they are or will be able to mount much of an enforcement effort.

I figure I am going to need between 200-300 gallons per month maxmax for personal consumption, and the more I drive the MB v. the Excursion the less I'll need. I have no idea what that bond would cost, nor even where to look. This all points to life as an F-111 just flying under the radar.

[JOAT]

Rex, the code pretty much includes everything;

19215. "Transporter of inedible kitchen grease" means any person
who transports inedible kitchen grease.

19216. "Inedible kitchen grease" means any fat or used cooking
greases and oils obtained from any source.

Sounds like the guy hauling his used turkey fryer oil to the HHW collection center is in violation too

There have been a few prosecutions, people turned in by the renderers I'm told...

[Rex Leone]

There are problems with this code. Well, is it code or a proposed bill? If it is a code which code is it from? Business and Professions?

One must have a license for each place of business, but if you are not doing this for hire or as a business how to do you comply?

You'll need to make sure you have the name of your business displayed prominently on all vehicles you use to collect kitchen grease in using letters at least two inches high.

It suggests that you will deliver the kitchen grease to a licensed renderer or collection center. Whoops! You'll have to get that license and comply with that mess too if you are processing your own.

If you "share" your oil you are subject to loss of your license.

The stated aim of this code is to prevent the sale and
transfer of illegally obtained inedible kitchen grease.

My suspicion is if you are not in it for profit and in competition with the renderers there will be no trouble, but you will be in violation of the law and could be sanctioned. Think it would be pretty danged interesting to see it prosecuted for our aims. Can you imagine the negative publicity generated?

[JOAT]

It's california state code for department of Food and Agriculture, Meat and Poultry Inspection Division.
http://www.leginfo.ca.gov/calaw.html
The text I linked above was directly copied from there.

I agree, the code is a mess, but the CDFA rep says their legal department tells them to enforce it for all transport of kitchen grease/oil.

I have heard of two prosecutions, one posted the below on burnveggies mail list;

"Don,

I have been through all of this and there is no way out of having to be licenced in California. Also check out AB 1065 for all the requirements that are coming on board for next year. This reg could in all reality go away but the renderers are heavy lobbiers and they have a vested interest.

The fines for not being licensed are $1000 per occurance(each time you collect). Call Richard L. Guisti (916)654-0504 the Senior Special Investigator at CDFA's Meat and Poultry Inpection Branch for more info. By the way he will be the one investigating you if you don't get licensed and keep taking oil. It should be obvious why I know this at this point!

When I researched the licensing regs they seemed pretty clear (and were explained in no uncertain terms by employees of the state) when I had questions."

BTW CDFA said you would not need a renderer or collection license for personal use, only if selling. (Expect that law next year?)

I think it is possible to stay under the radar, assuming your sources keep it down low. But if a renderer or local health and safety inspector gets your info, I'd say count on being investigated. As to public outcry for prosecution, who knows. Could go either way. Based on the votes on the recent bill, I wouldn't count on much support from the politicians, tho maybe some would consider helping get an exclusion for personal use. Anyone have friends in Sacramento?

[Ridgerunner]

Originally Posted by JOAT

It's california state code for department of Food and Agriculture, Meat and Poultry Inspection Division.
http://www.leginfo.ca.gov/calaw.html
The text I linked above was directly copied from there.

I agree, the code is a mess, but the CDFA rep says their legal department tells them to enforce it for all transport of kitchen grease/oil.

I have heard of two prosecutions, one posted the below on burnveggies mail list;

"Don,

I have been through all of this and there is no way out of having to be licenced in California. Also check out AB 1065 for all the requirements that are coming on board for next year. This reg could in all reality go away but the renderers are heavy lobbiers and they have a vested interest.

The fines for not being licensed are $1000 per occurance(each time you collect). Call Richard L. Guisti (916)654-0504 the Senior Special Investigator at CDFA's Meat and Poultry Inpection Branch for more info. By the way he will be the one investigating you if you don't get licensed and keep taking oil. It should be obvious why I know this at this point!

When I researched the licensing regs they seemed pretty clear (and were explained in no uncertain terms by employees of the state) when I had questions."

BTW CDFA said you would not need a renderer or collection license for personal use, only if selling. (Expect that law next year?)

I think it is possible to stay under the radar, assuming your sources keep it down low. But if a renderer or local health and safety inspector gets your info, I'd say count on being investigated. As to public outcry for prosecution, who knows. Could go either way. Based on the votes on the recent bill, I wouldn't count on much support from the politicians, tho maybe some would consider helping get an exclusion for personal use. Anyone have friends in Sacramento?

Well I am glad I no longer live in Cali. But I think we are missing something here. Are we required to have a trans port license to trans port the diesel we put in our fuel tanks? If you are running WVO in you truck then it is a fuel and you are a consumer not a transporter. you are not running a business.

Just my .02

[magyver]

sounds like a good time to come up with an on-site filter to put it straight into the tank.

[mjn]

As a Californian just getting started collecting WVO, I find this particularly disturbing.

From the state website: http://info.sen.ca.gov/pub/bill/asm/...asm_floor.html

States that:

COMMENTS : The Pacific Coast Renderers Association sponsored
this bill to provide regulatory authority to CDFA for the
development of tracking procedure for inedible kitchen grease.

Obviously, they don't like the competition.

The current state law at http://www.leginfo.ca.gov/cgi-bin/di...le=19310-19317

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..

.

This means that the state (or at least the county) will know when you start
picking up grease. I assume the health inspector will be stopping by to
ensure that the grease is being collected by a licensed transporter.


I am just getting started and have a barrel out behind a restaurant. The
owner is glad to put his oil there, and will be glad to cancel his current
contract with the rendering company. I was ready to spend the $175 for a
transporters license, but I'm starting to feel uneasy about pursuing this any
farther. The cost of a million dollar insurance policy will probably offset any
savings I might incur by driving with "free" oil.

[Omar]

Maybe if you guys in calif. got together on this ... start a state wide coop or company...you could buy the insurance and the licence cheaper??? just a thought good luck O

[tigman]

Is it insurance or a bond they are asking for?? A bond even for that value is not very costly, at least not in Montana.. Tigman