I wanted all of you to be aware of a tactic which a tallow company in a CA city is using to keep his restaurant owner dependent upon him. When the restaurant owner notified his tallow company that his services were no longer needed, the tallow company called the local CA EPA office who gave the restaurant owner a "cease and desist" order on the "potential for improper disposal of waste oil products". The restaurant owner is now (understandably) freaked out and the tallow company is talking about special "reinstatement of services" fees! QUESTION: Does ANYONE actually KNOW what the CA (EPA?) and US (DOT?) laws are regarding the restaurant's responsibility for waste oil? I'm wondering about a situation where the owner himself wants to make his own biodiesel! Would even THIS be illegal? We need some hard facts to arm friendly restauranteurs with the truth about their legal options for disposal of used cooking oil. Otherwise I fear we may all fall prey to tallow companies sicking taxpayer-paid EPA dogs on us to bite us!

I do not know of any legal documnets to say of, but my first thought in reading this (because I have thought of this circumstance) would be to have a "Bill of Sale". You, the user of the disposed grease "buy" it from the restraunt owner for however much. $.01/ gallon. Do what ever to have be a legal bill of sale so if/whentallow company comes after the restraunt owner, he can in turn show this "bill" that has been sold to you. BUT you of course would have to show something to prove that your not "improperly disposing" of it. if that makes any sense?? my .02

We need a lawyer.... Bill

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Originally posted by Chemical Bill
We need a lawyer.... Bill

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Doubt you'll find one of those here: not enough money to be had in Biodiesel yet. He can probably make more money suing the PROPONENTS of biodiesel [}:)] (source: old Dilbert joke).

It is illegal to move "inedible restaurant grease" without a license. It's actually a FELONY. Additionally, it would not be wise to store a drum of methanol in a kitchen environment (where open flames are present)- try explaining that one to the authorities. Just my two cents.

So, Kumar...what you're saying is that technically ALL home biodieselers (without a hauler's license) who go out and collect used cooking oil and take it home for processing are FELONS??? WOW! What happens when the restaurant owner himself hauls his own oil home to make biodiesel? What if he has a nice, safe shed out back of his restaurant and makes biodiesel right on the premises? I think we need some real facts here folks!

The felony thing is a pretty nasty fact, although I'm not aware of the history of prosecutions (I doubt there have been many). If the restaurant owner doesn't have a grease hauling license, he conceivably could be arrested on the same felony charge. There might be exceptions for small quantities- i don't know. Rudi, I'm not trying to freak anyone out. I've researched this and wanted to present people with this info. The solutions are pretty simple: - get a license, or... - be careful and don't make enemies it is my belief that the rendering companies have not begun to fight. if you want a precendent for what they might do, look at the ridiculous Recording Industry lawsuits for song pirating. Grease pirating is similar, legally, it seems. I know of at least one rendering company (not the same one Rudi's talking about) that has been in a pretty horrible battle over grease with homebrewers who, in this case, were acting like jerks to the rendering company's drivers, taunting them about taking away their bread and butter. Just so people know, this thread co-exists at the infopop forum, so alternate views may be seen there. I may take some flak for saying the following, but oh well: Remember, a lot of homebrew processors/methods as well as homemade grease collection setups/methods are not necessarily the safest, most liability-free operations. People need to be aware of the dangers of doing this stuff so that we can all raise the bar and protect each other.

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Originally posted by ybiofuels
It is illegal to move "inedible restaurant grease" without a license. It's actually a FELONY.

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It is? And it is? This being the internet and all, would you be so kind as to cite a statute for your "felony" assertion? Thank you. /

According to the Utah DOT and environmental quality? office (can't remember the title offhand) all you need to do is remain within weight and load limits. Noone I have contacted can find anything that prohibits me from hauling around 55 gallon drums full in an enclosed trailer.

The Meat and Poultry Inspection Branch of the CA Dept. of Food and Agriculture is the regulatory body, and it is a felony because it is in the jurisdiction of FDA code. Fubar: I don't like getting attitude from people for providing helpful information! I speak from experience- my company has this license.

It's a california thing, you wouldn't understand... we lead the nation in regulations. mark

and which renderer are we talking about, and where specifically? Mark

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Originally posted by ybiofuels
The Meat and Poultry Inspection Branch of the CA Dept. of Food and Agriculture is the regulatory body, and it is a felony because it is in the jurisdiction of FDA code. Fubar: I don't like getting attitude from people for providing helpful information! I speak from experience- my company has this license.

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I am simply trying to determine the facts here, not trying to give anyone a hard time. Felonies are grave crimes, such as murder, rape, assault or burglary. Transporting WVO without a license- in any jurisdiction- is clearly not in that category of offense. I believe that you might be passing along erroneous information which is not in anyone's best interest. The FDA regulates products destined for *human consumption -only* and their handling; as long as waste oil is being used for motor fuel production, there is no FDA juristiction involved at all. If, OTOH, the waste oil were to be rendered into a product that was intended for further human consumption, then the FDA's regulations would be applicable, regulations pertaining to cleanliness, to prevent the WVO from being mixed with inedible oils, etc. Rendering companies are subject to FDA regulation if they collect waste oil and tallow to be processed into products for human consumption, someone collecting WVO for biodiesel production would NOT. No more than your local auto parts store or Quick Lube place collecting used motor oil for reprocessing. If it's not destined for our food chain, then the Federal FDA and the CA ag department has no jurisdiction. End of argument. Let's make a distinction here: The California EPA may have regulations concerning the proper disposal of waste vegetable oil, but Wiedemann stated that the restaurant owner was given a "cease and desist" order on the "potential for improper disposal of waste oil products". The restaurant owner was NOT cited and he was NOT charged with a crime. You can't be cited for 'potentially' breaking the law anywhere in the USA, let alone be charged with a felony offense for 'potentially' breaking the law. In this *specific* case the Meat and Poultry Inspection Branch of the CA Dept. of Food and Agriculture is the regulatory body and is questioning where the waste oil is going- Is it being dumped into the city sewer system, into a river, perhaps? Is it being handled properly for further human consumption? Do you think the cheesebag tallow company that lost the business is going to tell the California EPA any more than that? If the waste oil is NOT being used for human consumption, then the CA ag department has NO jurisdiction. Period. If it *were* being used for human consumption (which is what happens to most WVO), and why grease-hauling is otherwise regulated, then it *would* be under their jurisdiction. That's why you have an ag department license, ybiofuels. Because what you haul is destined for human consumption. If you were hauling used motor oil or diesel fuel, you would *not* need an ag department license to do so. Wiedemann is doing the right thing: He's asking what state and federal regulations might apply to the transportation and disposal of waste vegetable oil. In his own words, "hard facts". And that's what I want to see as well, the facts and the statutes that apply.

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Originally posted by Fubar I am simply trying to determine the facts here, not trying to give anyone a hard time. Felonies are grave crimes, such as murder, rape, assault or burglary. Transporting WVO without a license- in any jurisdiction- is clearly not in that category of offense. I believe that you might be passing along erroneous information which is not in anyone's best interest.

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Wrong. If that were the case, I wouldn't be posting. I do research, my friend, before I post. In this case, I needed to do the research because my company needs to be able to transport inedible kitchen grease, which is what the government classifies restaurant grease as.

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The FDA regulates products destined for *human consumption -only* and their handling; as long as waste oil is being used for motor fuel production, there is no FDA juristiction involved at all.

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FACTS: CA Dep. of Food and Agriculture, Meat and Poultry Inspection Branch jurisdiction. Felony. The FDA regulations part came from their website, and I may have misread it. At any rate, the important things are that it is regulated and it is a felony. If you want the facts, there they are.

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Rendering companies are subject to FDA regulation if they collect waste oil and tallow to be processed into products for human consumption, someone collecting WVO for biodiesel production would NOT. No more than your local auto parts store or Quick Lube place collecting used motor oil for reprocessing. If it's not destined for our food chain, then the Federal FDA and the CA ag department has no jurisdiction. End of argument.

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But the argument you made is bogus. Rendering companies all have the license I've mentioned. It is required because the grease is being turned into animal feed, not human feed. This has been going on a lot longer than you realize- they (the regulatory bodies) don't care about fueling; it's not on their radar.

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If the waste oil is NOT being used for human consumption, then the CA ag department has NO jurisdiction. Period. If it *were* being used for human consumption (which is what happens to most WVO),

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WHAT?! That's crazy-talk. Where did you get that?

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That's why you have an ag department license, ybiofuels. Because what you haul is destined for human consumption.

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Nope. What are your credentials on this information? You don't know what you are talking about.

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Wiedemann is doing the right thing: He's asking what state and federal regulations might apply to the transportation and disposal of waste vegetable oil. In his own words, "hard facts". And that's what I want to see as well, the facts and the statutes that apply.

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Well, I've been happy to help, I've had my say, and I ask that you do some real research. Thank you

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Wrong. If that were the case, I wouldn't be posting. I do research, my friend, before I post. In this case, I needed to do the research because my company needs to be able to transport inedible kitchen grease, which is what the government classifies restaurant grease as. FACTS: CA Dep. of Food and Agriculture, Meat and Poultry Inspection Branch jurisdiction. Felony.

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I have looked at the subject, the California Food and Ag department imposes a $75 per year license fee per vehicle on transporters of inedible restaurant grease. According the relavent section of the California code, the penalty for not having such a permit is stated as follows: CA Food and Ag code section 19227(c): "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." That's far from a felony charge for non-compliance. And there are additional annual licensing fees imposed on rendering companies in Cal. If you can provide the exact statute that states that hauling waste restaurant grease without a permit is a felony in California, I'd love to see it.

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But the argument you made is bogus. Rendering companies all have the license I've mentioned. It is required because the grease is being turned into animal feed, not human feed. This has been going on a lot longer than you realize- they (the regulatory bodies) don't care about fueling; it's not on their radar.

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Animal feeds and what goes into them are absolutely subject to FDA and Ag department regulation *if* the animals are destined for human consumption. Case in point: The regulations prohibiting the use of certain animal parts in feed to prevent the spread of "mad cow" disease (BSE). Another case in point: The addition of antibiotics in animal feed. And, yes, right now biodiesel production is off of their regulatory radar.

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If the waste oil is NOT being used for human consumption, then the CA ag department has NO jurisdiction. Period. If it *were* being used for human consumption (which is what happens to most WVO) WHAT?! That's crazy-talk. Where did you get that?

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The ag department only requires the $75 annual grease hauling permit for commercial businesses. It may or may not apply to individuals hauling restaurant grease for non-commercial purposes. There are no specific ag department regulations pertaining to its conversion into diesel fuel. Just as I stated.

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Nope. What are your credentials on this information? You don't know what you are talking about.

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As a P/T farmer, I deal with Federal ag department regulaitons all the time, and I am familiar with regulations related to livestock feed and the rendering and disposal of waste products.

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Two Easters Ranch, Colorado.

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Maybe you should change it to "Two Esters Ranch", given your use of (and advocacy of) biodiesel. [:D]

I did some research and found the relevant California Code as follows: CALIFORNIA VEHICLE CODE 2810. (a) A member of the California Highway Patrol may stop any vehicle transporting any timber products, livestock, poultry, farm produce, crude oil, petroleum products, or inedible kitchen grease, and inspect the bills of lading, shipping or delivery papers, or other evidence to determine whether the driver is in legal possession of the load, and, upon reasonable belief that the driver of the vehicle is not in legal possession, shall take custody of the vehicle and load and turn them over to the custody of the sheriff of the county in which the timber products, livestock, poultry, farm produce, crude oil, petroleum products, or inedible kitchen grease, or any part thereof, is apprehended. (b) The sheriff shall receive and provide for the care and safekeeping of the apprehended timber products, livestock, poultry, farm produce, crude oil, petroleum products, or inedible kitchen grease, or any part thereof, and immediately, in cooperation with the department, proceed with an investigation and its legal disposition. CALIFORNIA FOOD AND AGRICULTURE CODE 19310. (a) It is unlawful for any person 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. 19310.5. It is unlawful for any person who is not a registered transporter or licensed renderer of inedible kitchen grease to transport that product from any place within this state to any place outside the borders of this state. 19311. Any renderer who operates vehicles for the purpose of collecting inedible kitchen grease shall 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 who is required to register pursuant to this article is not required to pay the fee prescribed in this section. 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. 19313.5. It is unlawful for any person to steal, misappropriate, contaminate, or damage inedible kitchen grease, or containers thereof. 19313.8. No licensed renderer, 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, after notice and hearing, suspend or revoke a registration certificate or a renderer's license if, at any time, it finds any of the following has occurred: (a) The registrant or licensee has sold or offered for sale to an unlicensed person, any inedible kitchen grease. (b) The registrant or licensee has stolen, misappropriated, contaminated, or damaged inedible kitchen grease or containers thereof. (c) The registrant or licensee has violated any provision of this article or any regulations adopted to implement this article. (d) The registrant or licensee has taken possession of inedible kitchen grease from an unregistered transporter or has knowingly taken possession of inedible kitchen grease that has been stolen. 19315. (a) In addition to the registration fee required by Section 19312, the department may charge an additional 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) 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. 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. (c) 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. (d) This section shall become inoperative on July 1, 2005, and, as of January 1, 2006, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2006, deletes or extends the dates on which it becomes inoperative and is repealed. 19316. It is the purpose of this article to prevent the sale and transfer of illegally obtained inedible kitchen grease.

Thank you Rudi. Fubar, sorry if i got hot-headed. you obviously are not the reactionary type that i pegged you for and i acted foolishly. I have been attempting to honestly warn people about stuff that i've found out. Anyway, this is an important thread, and i will do what i can to help out in the research effort. All my information so far has come from the CA Department of Food and Agriculture website, which has been redesigned since I originally got the info.

Here in California the governing body is the Meat & Poultry Inspection Division of the California Department of Food and Agriculture. I am investigating possible 'exemptions', 'exclusions' and 'qualifications' for 'non-commercial' haulers of inedible cooking grease. I will report back to these groups when I have something substantial.