California Code of Regulations
Title 3 - Food and Agriculture
Division 2 - Animal Industry
Chapter 4 - Meat Inspection
Subchapter 2 - Rendering and Pet Food
Article 42 - Transporters of Inedible Kitchen Grease
Section 1180.24 - Requirements to Document and Track the Collection, Transport, and Receipt of Inedible Kitchen Grease
Universal Citation: 3 CA Code of Regs 1180.24
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Pursuant to section 19316.5 of the Food and Agricultural Code, the Department is establishing a system for documenting and tracking the transportation of inedible kitchen grease in order to ensure the proper disposal or recycling of that material.
(b) Definitions:
(1) "Authorized receiving facility" or
"receiving facility" means a licensed renderer, a licensed collection center, a
facility or operation authorized to receive and process inedible kitchen grease
pursuant to the Integrated Waste Management Act (Public Resources Code 40000 et
seq.), or a permitted wastewater treatment facility, such as a publicly owned
treatment works, that accepts the direct receipt of transported inedible
kitchen grease, or other facility approved by the Department to receive
inedible kitchen grease.
(2)
"Generator" means any location where inedible kitchen grease is collected from
a grease container, grease interceptor, or grease trap, including, but not
limited to, a collection center or any food preparation, processing, or
handling establishment or facility.
(3) "Inedible kitchen grease" means any fat
or used cooking greases and oils obtained from any source pursuant to Food and
Agricultural Code section 19216. For purposes of this section, inedible kitchen
grease collected from grease traps and grease interceptors, or
"interceptor/trap grease", includes all fat, used cooking greases and oils, and
all greasy liquid, water and solids contained in a grease trap or grease
interceptor.
(4) "Manifest" means a
record, in writing, on a fill-in-the-blanks printed or electronic form that is
legible and easy to read.
(5)
"Weighmaster" means a person holding licensure and is certified with the
Department's Division of Measurement Standards in accordance with sections
12700-
12736
of the Business and Professions Code.
(6) "Weighmaster certificate" means an
official document issued by a weighmaster that verifies the net weight of a
load of inedible kitchen grease.
(7) "Working capacity" means the total volume
of all grease, greasy liquid, water and solids contained in the grease trap or
grease interceptor when it is in a static state (i.e., with no material flowing
in or out of it).
(c) Personal noncommercial transporters of inedible kitchen grease shall keep and maintain a record, in writing, for not less than two years for each collection of inedible kitchen grease. The record shall provide the following information:
(1) Date and time of collection of inedible
kitchen grease.
(2) Name and
address where the inedible kitchen grease was collected.
(3) Amount (lbs. or gallons) of inedible
kitchen grease collected.
(4) Name
of driver who transported the inedible kitchen grease.
(5) Name and address where the inedible
kitchen grease was delivered.
(d) Commercial transporters of inedible kitchen grease shall keep and maintain a manifest for each collection and delivery of inedible kitchen grease. The manifest shall include the following:
(1) The name of the transporter.
(2) The name and address of the
generator.
(3) The date and time
the inedible kitchen grease was collected.
(4) The type of inedible kitchen grease
collected at each generator, transported, and delivered to the receiving
facility. Types of inedible kitchen grease are:
(A) Used cooking oil.
(B) Interceptor/trap
grease.
(5) The amount,
in pounds or gallons, of inedible kitchen grease collected at each generator.
The amount of inedible kitchen grease shall be determined by use of a meter, a
scale, container calibrations, other accurate measuring device that is approved
by the Department, or mathematical calculation using the total empty capacity
of the container or containers and the proportion of the container or
containers filled with inedible kitchen grease.
(A) If the mathematical calculation method is
used, the total empty capacity of the container or containers that is used in
the calculation shall be entered on the manifest. For grease traps and grease
interceptors, this is the working capacity of the grease trap or grease
interceptor.
(B) If the
mathematical calculation method is used, the observed proportion of fill of the
container or containers that is used in the calculation shall be entered on the
manifest.
(C) For grease traps and
grease interceptors, the amount of inedible kitchen grease collected must equal
the working capacity of the grease trap or grease interceptor pursuant to Penal
Code section
374.5 and
Public Resources Code section
16051,
unless the transporter meets all conditions for reinsertion of material removed
from a grease trap or grease interceptor required by Penal Code subsection
374.5(b).
(6) The printed
name and signature of an on-site representative of the generator.
(A) By signing the manifest, the
representative of the generator verifies that the information contained in
subsections (d)(1), (2), (3), (4), and (5) above is true and correct.
(B) The generator and the transporter of
inedible kitchen grease may enter into an agreement, prepared in advance, in
writing, and signed and dated by both parties, whereby the generator authorizes
the transporter to sign the generator's part of the manifest on its
behalf.
(C) Copies of the agreement
described in subsection (d)(6)(B) above shall be maintained by the generator
and the transporter as long as the agreement is in effect and shall be made
available, upon demand, to representatives of the Department and law
enforcement agencies.
(D) If a
written agreement, as described in subsection (d)(6)(B) above, is not in place
and a transporter is unable to obtain the signature of an on-site
representative of the generator, the transporter shall attach a statement,
explaining why he was unable to obtain a signature, to the generator part of
the manifest. A copy of this statement shall be provided to the generator along
with the copy of the generator part of the manifest and a copy shall be
attached to the generator part of the manifest maintained by the
transporter.
(7) The
printed name of the driver collecting, transporting, and delivering the
inedible kitchen grease and the driver's signature attesting to the accuracy of
all information entered on the manifest.
(8) The number on the Department issued decal
affixed to the vehicle transporting the inedible kitchen grease.
(9) The name of the authorized receiving
facility where the inedible kitchen grease is received.
(10) The address of the authorized receiving
facility where the inedible kitchen grease is received
(11) The date and time the inedible kitchen
grease is received by the receiving facility.
(12) The amount, in pounds or gallons, of
inedible kitchen grease received by the receiving facility.
(A) For interceptor/trap grease, the amount
of inedible kitchen grease received shall be determined by use of a meter, a
scale, a weighmaster certificate, container calibrations, other accurate
measuring device that is approved by the Department, or mathematical
calculation using the total empty capacity of the container or containers and
the proportion of the container or containers filled with inedible kitchen
grease.
(i) If the mathematical calculation
method is used, the total empty volume of the container or containers that is
used in the calculation shall be entered on the manifest.
(ii) If the mathematical calculation method
is used, the observed proportion of fill of the container or containers that is
used in the calculation shall be entered on the manifest.
(B) For used cooking oil, the amount of
inedible kitchen grease received shall be determined by use of a meter, a
scale, a weighmaster certificate for the load of inedible kitchen grease issued
by a Department-licensed weighmaster, container calibrations, or other accurate
measuring device that is approved by the Department.
(13) The printed name and signature of a
responsible individual at the receiving facility.
(A) By signing the manifest, the
representative of the receiving facility verifies that the information
contained in subsections (d)(1), (4), (8), (9), (10), (11) and (12) above is
true and correct.
(B) For receipt
of interceptor/trap grease, the receiving facility and the transporter of
inedible kitchen grease may enter into an agreement, prepared in advance, in
writing, and signed and dated by both parties, whereby the receiving facility
authorizes the transporter to sign the receiving facility's part of the
manifest on its behalf.
(C) Copies
of the agreement described in subsections (d)(13)(B) above shall be maintained
by the receiving facility and the transporter as long as the agreement is in
effect and shall be made available, upon demand, to representatives of the
Department and law enforcement agencies.
(14) A consecutive numerical manifest number
to assist transporters, inedible kitchen grease generators, and regulating
authorities in tracking the volume of grease transported.
(e) Transporters of inedible kitchen grease shall use a written manifest form of their own creation or they may use the MPES Form 79-124 (Est. 11/12) Manifest -- Inedible Kitchen Grease Transport Instructions and Receiving Facility Information, and MPES Form 79-125 (Est. 11/12) Manifest -- Inedible Kitchen Grease Transport Generator Information, that the Department shall provide upon request for the cost of production, handling, and postage.
(f) If the manifest is completed and maintained in an electronic format, the manifest and required signatures shall conform to standards established by the California Uniform Electronic Transactions Act, California Civil Code, Title 2.5, Part 2, Division 3 (commencing with section 1633.1).
(g) Manifests shall be divided into three parts and records shall be maintained as follows:
(1) One part of the manifest shall contain
all information required in subsections (d)(1), (2), (3), (4), (5), (6), (7),
(9) and (14) above.
(A) This part of the
manifest shall be kept on the transporting vehicle from the time of inedible
kitchen grease collection until receipt of the inedible kitchen grease at a
receiving facility and shall be made available, upon demand, to representatives
of the Department and law enforcement agencies.
(B) A copy of this part of the manifest shall
be given to the generator at the time of inedible kitchen grease collection or
it shall be mailed or delivered to the generator no later than 45 calendar days
after collection of the inedible kitchen grease.
(2) One part of the manifest shall contain
all information required in subsections (d)(1), (4), (7), (8), (9), (10), (11),
(12), (13) and (14) above.
(A) A copy of this
part of the manifest shall be given to the authorized receiving facility at the
time of inedible kitchen grease receipt or it shall be mailed or delivered to
the authorized receiving facility no later than 15 business days after receipt
of the inedible kitchen grease.
(B)
The receiving facility shall keep and maintain this part of all manifests for
two years and shall make such copies available, upon demand, to representatives
of the Department and law enforcement agencies.
(3) The third part of the manifest shall have
all the information required in subsections (d) above and the transporter shall
keep and maintain this part of all manifests for two years and shall make such
copies available, upon demand, to representatives of the Department and law
enforcement agencies.
1.
Repealer and new section filed 3-7-2012; operative 4-6-2012 (Register 2012, No.
10).
2. Amendment of section heading, repealer and new section and
amendment of NOTE filed 2-25-2013; operative 4-1-2013 (Register 2013, No.
9).
Note: Authority cited: Sections 407 and 19380, Food and Agricultural Code. Reference: Sections 19303, 19313.1 and 19316.5, Food and Agricultural Code.
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