Cal. Code Regs. tit. 3 § 1180.1

Current through Register 2024 Notice Reg. No. 50, December 13, 2024
Section 1180.1 - Licensing and Registration Requirements
(a) Every person required to be licensed or registered pursuant to sections 19240, 19260, 19280, 19300, 19310, 19310.5 and 19320 of the Food and Agricultural Code shall obtain a license or registration for his principal place of business and an additional license or registration for each branch location where any of the business practices requiring a license or registration will be conducted.
(b) License applications shall contain the information required by sections 19241, 19261, 19281, 19301, 19312 and 19321 of the Food and Agricultural Code, as applicable, and in addition, as required by the Department, the following information:
(1) Description of the premises by photographs, floor plans, and/or drawings or otherwise.
(2) Description of facilities by listings, drawings and/or photographs of stationary and mobile equipment.
(3) Copies of business licenses and other required licenses and/or permits from applicable State, county or municipal agencies.
(c) A penalty fee of ten percent (10%) per annum on the amount of the unpaid fee shall be imposed upon all renewal applications that are not received by the Department within one calendar month of the expiration date of the license or registration for which the renewal is required.
(d) The following application forms shall be provided by the Department for use by applicants, and are incorporated by reference in this subchapter:
(1) MPES Form 79-005A (Rev. 08/11), Dead Animal Hauler License Application
(2) MPES Form 79-006A (Rev. 08/11), Collection Center License Application
(3) MPES Form 79-007A (Rev. 08/11), Renderer License Application
(4) MPES Form 79-012A(1) (Rev. 08/11) Personal Use Inedible Kitchen Grease (Used Cooking Oil) Transporter Registration Application
(5) MPES Form 79-012A(2) (Rev. 08/11) Commercial Use Inedible Kitchen Grease Transporter Registration Application
(6) MPES Form 79-015 (Rev. 08/11), Driver/Vehicle Information for Renderers
(7) MPES Form 79-015A (Rev. 08/11), Registration Of Transporters Of Inedible Materials
(8) MPES Form 79-018 (Rev. 08/11) Application For Permit To Remove Inedible Material From A Rendering Plant
(9) MPES Form 79-019A (Rev. 08/11) Inedible Kitchen Grease Renderer Application
(10) MPES Form 79-020 (Rev. 08/11), Driver/Vehicle Identification for Collection Centers
(11) MPES Form 79-121 (Rev. 08/11)Permit Request To Dispose Of Carcasses At A Landfill
(12) MPES Form 79-122 (Rev. 08/11) Permit To Transport Carcass(es) To A Landfill
(13) MPES Form 79-124 (Est. 11/12) Manifest -- Inedible Kitchen Grease Transport Instructions and Receiving Facility Information.
(14) MPES Form 79-125 (Est. 11/12) Manifest -- Inedible Kitchen Grease Transport Generator Information.
(15) ACORD Form 25 Certificate of Liability Insurance (2001/08)
(e) Any change in the information contained in the license or registration application shall be reported in writing to the Meat, Poultry and Egg Safety Branch within ten (10) business days of such change.
(f) Providing false or misleading information on applications for licenses or registrations shall be a violation and shall be justification for denial of an application.
(g) Failure to list a specific destination or listing unacceptable/unlicensed destinations shall be justification for denial of an application for registration as a transporter of inedible kitchen grease.
(h) The current license or a copy thereof shall be posted conspicuously in each official establishment to assure that it is easily accessible for Department personnel to read during inspections.
(i) It is a violation to haul dead animals, transport inedible kitchen grease, transport parts or products of animals not intended for human food, or operate a collection center or rendering establishment without a current and valid license or registration.
(j) A person who only renders and/or temporarily stores inedible kitchen grease for use as fuel for their vehicles that are strictly for personal noncommercial use is not in the business of rendering or in the business of operating a collection center.
(k) Any person who operates without a license and/or registration as provided for by this subchapter shall be required to pay fees and penalties for the unlicensed or unregistered periods, including previous years but subject to a limit of five (5) years. Payment of all fees and penalties for past years shall be in addition to fees required to operate during the current year and shall be required in order to qualify to be licensed during the current year. Payments, including all past due fees and penalties, shall be made to the Department.
(l) Persons who register as transporters of inedible kitchen grease solely for personal noncommercial use, but who sell, trade or barter inedible kitchen grease that they transport are in violation of this subchapter and subject to penalties.
(m) 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 wastewater treatment plant, as defined in section 13625 of the Water Code, that accepts inedible kitchen grease removed from grease traps and grease interceptors is not considered to be "engaged in the business of rendering" for the purpose of Food and Agricultural Code section 19300 if it meets the following conditions:
(1) It does not produce commercial feed as defined by Food and Agricultural Code section 14925,
(2) It does not produce liquid fuel or a constituent of liquid fuel, except when it produces a gaseous fuel that it subsequently liquefies, and
(3) It does not accept animal carcasses, parts of animals, packinghouse waste, or inedible kitchen grease derived from sources other than grease traps and grease interceptors.

Cal. Code Regs. Tit. 3, § 1180.1

1. Amendment of article heading, section heading and section and new NOTE filed 3-7-2012; operative 4-6-2012 (Register 2012, No. 10).
2. New subsections (d)(13)-(14), subsection renumbering and new subsections (m)-(m)(3) filed 2-25-2013; operative 4-1-2013 (Register 2013, No. 9).

Note: Authority cited: Sections 407, 19380, 19381, 19382, 19383, 19384 and 19385, Food and Agricultural Code. Reference: Sections 19227, 19240, 19260, 19280, 19300, 19300.5, 19310, 19310.5, 19312, 19315, 19320, 19321 and 19360, Food and Agricultural Code.

1. Amendment of article heading, section heading and section and new Note filed 3-7-2012; operative 4-6-2012 (Register 2012, No. 10).
2. New subsections (d)(13)-(14), subsection renumbering and new subsections (m)-(m)(3) filed 2-25-2013; operative 4-1-2013 (Register 2013, No. 9).