Minnesota Legislature
HF 1854
as introduced - 88th Legislature (2013 - 2014) Posted on 05/18/2013 09:52am
Current Version - as introduced
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A bill for an act
relating to commerce; regulating used kitchen grease collectors, processors, and
transporters; providing civil and criminal penalties; proposing coding for new
law as Minnesota Statutes, chapter 45A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[45A.10] PURPOSE.
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The purpose of this chapter is to: (1) provide minimum uniform statewide
regulations for persons that collect, process, or transport used kitchen grease; (2) prevent
the illegal collection, purchase, and sale of used kitchen grease; and (3) establish a
commercial registry for the used kitchen grease industry.
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Sec. 2.
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[45A.20] DEFINITIONS.
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new text begin Subdivision 1. new text end
new text begin Application. new text end
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The definitions in this section apply to this chapter.
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new text begin Subd. 2. new text end
new text begin Collect. new text end
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"Collect" means to accumulate used kitchen grease that is
ultimately sold to a renderer or other person for further processing. Collect does not
mean the accumulation of used kitchen grease at the food establishment that generates
the used kitchen grease.
new text end
new text begin Subd. 3. new text end
new text begin Commissioner. new text end
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"Commissioner" means the commissioner of commerce.
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new text begin Subd. 4. new text end
new text begin Emergency service. new text end
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"Emergency service" means the removal of used
kitchen grease by a registrant from the registrant's own grease container in response to a
service request by a food establishment at any time outside of a regularly scheduled service.
new text end
new text begin Subd. 5. new text end
new text begin Food establishment. new text end
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"Food establishment" means a facility where food is
manufactured, processed, or served.
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new text begin Subd. 6. new text end
new text begin Processor. new text end
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"Processor" means a person that changes or improves, no
matter how slight, the composition or quality of used kitchen grease, but does not also
collect or transport used kitchen grease.
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new text begin Subd. 7. new text end
new text begin Registrant. new text end
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"Registrant" means a person registered with the commissioner
under this chapter.
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new text begin Subd. 8. new text end
new text begin Renderer. new text end
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"Renderer" means a person who commercially cooks carcasses,
or parts or products of the carcasses of cattle, swine, poultry, or other animals or animal
byproducts.
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new text begin Subd. 9. new text end
new text begin Transport or transportation. new text end
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"Transport" or "transportation" means the
movement of used kitchen grease in a motor vehicle on public roads.
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new text begin Subd. 10. new text end
new text begin Trap grease. new text end
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"Trap grease" means used kitchen grease that is removed
from a grease trap and principally derived from food preparation or processing.
new text end
new text begin Subd. 11. new text end
new text begin Used kitchen grease. new text end
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"Used kitchen grease" means animal fats or
vegetable oils that have been used, and will not be reused, for cooking in a food
establishment, including but not limited to trap grease and used fryer or cooking oil.
new text end
Sec. 3.
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[45A.30] APPLICATION; REGISTRATION TERM; FEES.
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new text begin Subdivision 1. new text end
new text begin Application. new text end
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A person who collects, processes, or transports used
kitchen grease must register with the commissioner. In addition, a person must register
with the commissioner if the person holds an equity or debt interest exceeding five percent
of the value of equipment used by a registrant to process or transport used kitchen grease.
Registration shall be for a term no longer than one year.
new text end
new text begin Subd. 2. new text end
new text begin Renderers. new text end
new text begin
A person regulated by the commissioner of agriculture as a
renderer under chapter 31A that also collects, processes, or transports used kitchen grease
must register with the commissioner under this section but is not required to pay the
fees under subdivision 2.
new text end
new text begin Subd. 2. new text end
new text begin Application; fees. new text end
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A person must submit an application on a form
provided by the commissioner no less than 30 days before the person intends to collect,
process, or transport used kitchen grease. The application shall include:
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(1) the applicant's legal name and business address;
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(2) a description of the activity or activities to be performed by the applicant;
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(3) the make, model, license number, and vehicle identification number of any
vehicle to be used for the collection or transportation of used kitchen grease;
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(4) a nonrefundable application fee of $100;
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(5) a fee of $100 per vehicle registered under clause (3), or a fee of $100 per location
used to process used kitchen grease if the processor does not also collect or transport
used kitchen grease; and
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(6) proof of personal injury, automobile and property damage liability insurance in
an amount totaling not less than $1,000,000.
new text end
new text begin Subd. 3. new text end
new text begin Registration; display. new text end
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The commissioner shall issue each registrant
a unique registration number and a registration certificate. Each vehicle used in the
collection or transportation of used kitchen grease shall conspicuously display the
registration number and name of the owner of the vehicle in letters not less than three
inches high. A processor shall conspicuously display the registration certificate at each
location where used kitchen grease is processed by the processor.
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Sec. 4.
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[45A.40] CERTAIN RENDERERS EXEMPT.
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This chapter does not apply to the premises or the rendering operations on the
premises of any establishment regulated by the commissioner of agriculture under chapter
31A. However, a renderer is not exempt from the requirements of this chapter if collecting,
processing, or transporting used kitchen grease.
new text end
Sec. 5.
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[45A.50] INDIVIDUAL USE; LIMITATIONS AND ADDITIONAL
REQUIREMENTS.
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An individual who transports used kitchen grease for the individual's own personal,
noncommercial use as an alternative fuel may pay only 25 percent of the fees otherwise
required under section 45A.30. In addition to other requirements in this chapter, to qualify
for the individual-use rate the individual:
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(1) must not transport more than 55 gallons of used kitchen grease per load, and
must have no more than 165 gallons of used kitchen grease in their possession, control,
or ownership at any time;
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(2) while transporting used kitchen grease, must have a document in the individual's
possession that is signed and dated by the responsible party who willingly supplied the
used kitchen grease to the individual;
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(3) must not obtain used kitchen grease from (i) a container owned by a registrant, or
(ii) a food establishment under contract with a registrant; and
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(4) must specify where used kitchen grease is stored and processed as an alternative
fuel, if that address is different from the address included on the registration form
submitted by the individual pursuant to section 45A.30.
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Sec. 6.
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[45A.60] RECORDS REQUIRED.
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Every registrant shall record, maintain for two years, and make available for
inspection by the commissioner the following information:
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(1) the name and address of each location or person from which the registrant
obtained used kitchen grease for transportation;
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(2) the date and quantity of used kitchen grease received from each location or
person every time used kitchen grease is removed or collected; and
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(3) the renderer, processor, or purchaser to which the registrant delivered used
kitchen grease, including the quantity of used kitchen grease delivered.
new text end
Sec. 7.
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[45A.70] POSSESSION OF CERTIFICATE; DISPLAY OF
REGISTRATION INFORMATION ON MOTOR VEHICLE.
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No person required to register under this chapter shall collect or transport used kitchen
grease without (1) having in their possession a registration certificate, (2) conspicuously
displaying the registrant's name and registration number as required under section 45A.30,
and (3) except in the case of an emergency service, having in their possession a paper or
electronic copy of a route list containing the name and address of each person or location
where the registrant obtained or will obtain used kitchen grease for transport for that load.
new text end
Sec. 8.
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[45A.80] PRESUMPTION OF OWNERSHIP.
new text end
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A grease container in which used kitchen grease is deposited that bears a name on
the container shall be presumed to be owned by the person named on the container and no
person or entity can authorize an individual other than the owner of the grease container to
remove used kitchen grease from the container.
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Sec. 9.
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[45A.90] PROHIBITED ACTS.
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(a) It is a violation of this chapter for any person to:
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(1) sell or offer for sale to an unregistered person any used kitchen grease for
collection, processing, or transport;
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(2) remove any volume of used kitchen grease from a container owned by another
person;
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(3) break or enter into a used kitchen grease container owned by another by fraud,
deception, or breaking or dismantling any part of a used kitchen grease container,
including but not limited to the lid, screens, locks, or any accessory parts such as
connected pipes or fittings;
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(4) steal, misappropriate, contaminate, lock, bind, deface, or damage a used kitchen
grease container owned by another person;
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(5) take possession of used kitchen grease that was stolen or transported in violation
of this chapter;
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(6) place a label on a used kitchen grease container owned by another person or
attempt to exercise control or ownership over a used kitchen grease container owned
by another; or
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(7) engage in, or aid and abet another person or entity in the commission of, any
violation of this chapter or an order issued by the commissioner pursuant to this chapter.
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(b) It is not a violation of this chapter if, at the written direction of a food
establishment, a person removes used kitchen grease from a used kitchen grease container
owned by another, provided that the food establishment provided at least 30 days' prior
written notice to the person via certified mail of the food establishment's intent to terminate
service or have used kitchen grease and a used kitchen grease container removed from
its premises. It is a violation of this chapter to fail to provide notice as required in this
paragraph.
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Sec. 10.
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[45A.91] ADMINISTRATIVE ACTIONS; PENALTIES.
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new text begin Subdivision 1. new text end
new text begin Administrative remedies. new text end
new text begin
The commissioner may seek to remedy
violations by a written warning, administrative meeting, cease and desist, stop-use,
stop-sale, removal, correction order, or other special order, seizure, stipulation, agreement,
or administrative penalty, if the commissioner determines that the remedy is in the public
interest.
new text end
new text begin Subd. 2. new text end
new text begin Revocation or suspension. new text end
new text begin
The commissioner may, after written notice
and hearing, revoke, suspend, or refuse to grant or renew a registration if a person violates
a provision of this chapter or has a history within the last three years of violations of
this chapter.
new text end
new text begin Subd. 3. new text end
new text begin Penalty. new text end
new text begin
(a) In determining the amount of the administrative penalty,
the commissioner shall consider the economic gain received by the person allowing or
committing the violation, and the violator's culpability, good faith, and history of violations.
new text end
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(b) The commissioner may assess an administrative penalty of no less than $1,000
for a first offense. For a second offense within one year, the commissioner may assess an
administrative penalty of no less than $5,000. For a third offense within a period of two
years, the commissioner may assess an administrative penalty of no less than $10,000.
new text end
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(c) The commissioner may assess an administrative penalty if the person subject to
a corrective action order or remedial action order does not comply with the order in the
time provided in the order. The commissioner must state the amount of the administrative
penalty in the corrective action order or remedial action order.
new text end
new text begin Subd. 4. new text end
new text begin Appeal. new text end
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(a) After service of an order or administrative penalty, a person
has 45 days from receipt of the order to notify the commissioner in writing that the person
intends to contest the order or penalty. If the person fails to notify the commissioner that
the person intends to contest the order, the order is a final order of the commissioner and
not subject to further judicial or administrative review.
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(b) If a person notifies the commissioner that the person intends to contest an
order or administrative penalty issued under this section, the Office of Administrative
Hearings shall conduct a hearing in accordance with the applicable provisions of chapter
14 for hearings in contested cases. For contested corrective action orders, the Office of
Administrative Hearings shall conduct an administrative hearing not later than 14 days
after notification that a corrective action order is contested.
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(c) Judicial review of a final decision in a contested case is available as provided
in chapter 14.
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Sec. 11.
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[45A.92] CIVIL PENALTIES.
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new text begin Subdivision 1. new text end
new text begin Penalties. new text end
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A person who violates this chapter is subject to a civil
penalty of no less than $1,000 for a first offense. The civil penalty for a second offense
within one year is no less than $5,000. The civil penalty for a third offense within two
years is no less than $10,000.
new text end
new text begin Subd. 2. new text end
new text begin Actions to compel performance. new text end
new text begin
In an action to compel performance of
an order of the commissioner to enforce a provision of this chapter, the court may require
a defendant adjudged responsible to perform the acts within the person's power that are
reasonably necessary to accomplish the purposes of the order.
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new text begin Subd. 3. new text end
new text begin Recovery of penalties by civil action. new text end
new text begin
The civil penalties and payments
provided for in this section may be recovered by a civil action brought by the county
attorney or the attorney general in the name of the state.
new text end
new text begin Subd. 4. new text end
new text begin Other remedies retained. new text end
new text begin
The provisions of this chapter do not limit
any civil remedies available to a party, whether public or private, against a person who
violates this chapter.
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Sec. 12.
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[45A.93] CRIMINAL PENALTIES.
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new text begin Subdivision 1. new text end
new text begin Misdemeanor. new text end
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(a) Except as provided in subdivision 2, a person
who violates this chapter is guilty of a misdemeanor.
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(b) For a second offense within one year, in addition to any other punishment
provided by law the court may order the defendant to stop engaging in business as a
transporter for a period not to exceed 30 days.
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(c) For a third offense within two years, in addition to any other punishment
provided by law the court must order the defendant to stop engaging in business as a
transporter for a period not to exceed six months.
new text end
new text begin Subd. 2. new text end
new text begin Felony. new text end
new text begin
A person who violates section 45A.90 is guilty of a felony if
the value or loss exceeds $1,000.
new text end