33 U.S.C. § 2720 | Differentiation among fats, oils, and greases

(a)

In general

Except as provided in subsection (c), in issuing or enforcing any regulation or establishing any interpretation or guideline relating to the transportation, storage, discharge, release, emission, or disposal of a fat, oil, or grease under any Federal law, the head of that Federal agency shall—

(1)

differentiate between and establish separate classes for—

(A)

section 61(a) of title 13 animal fats and oils and greases, and fish and marine mammal oils, within the meaning of paragraph (2) of , and oils of vegetable origin, including oils from the seeds, nuts, and kernels referred to in paragraph (1)(A) of that section; and

(B)

other oils and greases, including petroleum; and

(2)

apply standards to different classes of fats and oils based on considerations in subsection (b).

(b)

Considerations

In differentiating between the class of fats, oils, and greases described in subsection (a)(1)(A) and the class of oils and greases described in subsection (a)(1)(B), the head of the Federal agency shall consider differences in the physical, chemical, biological, and other properties, and in the environmental effects, of the classes.

(c)

Exception

The requirements of this Act shall not apply to the Food and Drug Administration and the Food Safety and Inspection Service.

Pub. L. 104–55, § 2Nov. 20, 1995109 Stat. 546(, , .)

Editorial Notes

References in Text

Pub. L. 104–55Nov. 20, 1995109 Stat. 546 section 2701 of this titleThis Act, referred to in subsec. (c), is , , , which enacted this section and amended sections 2704 and 2716 of this title. For complete classification of this Act to the Code, see Short Title of 1995 Amendment note set out under and Tables.

Codification

Section was enacted as part of the Edible Oil Regulatory Reform Act, and not as part of title I of the Oil Pollution Act of 1990 which comprises this subchapter.

section 2 of Pub. L. 104–55 section 2 of Pub. L. 104–55Section is comprised of . Subsec. (d) of amended sections 2704 and 2716 of this title.

Statutory Notes and Related Subsidiaries

Regulations

Pub. L. 105–277, div. A, § 101(g) [title III, § 343]Oct. 21, 1998112 Stat. 2681–439

“(a)

Public Law 104–55 section 2701 of this title None of the funds made available by this Act or subsequent Acts may be used by the Coast Guard to issue, implement, or enforce a regulation or to establish an interpretation or guideline under the Edible Oil Regulatory Reform Act () [see Short Title of 1995 Amendment note set out under ], or the amendments made by that Act, that does not recognize and provide for, with respect to fats, oils, and greases (as described in that Act, or the amendments made by that Act) differences in—

“(1)

physical, chemical, biological and other relevant properties; and

“(2)

environmental effects.

“(b)

March 31, 1999Public Law 104–55 Not later than , the Secretary of Transportation shall issue regulations amending 33 CFR 154 to comply with the requirements of .”

, , , 2681–473, provided that:

November 25, 2002section 542 of Title 6[For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under .]

Pub. L. 105–276, title IIIOct. 21, 1998112 Stat. 2499

March 31, 1999Public Law 104–55 section 2701 of this title Public Law 104–55“Not later than , the Administrator of the Environmental Protection Agency shall issue regulations amending 40 C.F.R. 112 to comply with the requirements of the Edible Oil Regulatory Reform Act () [see Short Title of 1995 Amendment note set out under ]. Such regulations shall differentiate between and establish separate classes for animal fats and oils and greases, and fish and marine mammal oils (as described in that Act), and other oils and greases, and shall apply standards to such different classes of fats and oils based on differences in the physical, chemical, biological, and other properties, and in the environmental effects, of the classes. None of the funds made available by this Act or in subsequent Acts may be used by the Environmental Protection Agency to issue or to establish an interpretation or guidance relating to fats, oils, and greases (as described in ) that does not comply with the requirements of the Edible Oil Regulatory Reform Act.”

, , , provided that:

Sense of Congress on Implementation of Regulations Regarding Animal Fats and Vegetable Oils

Pub. L. 104–324, title XI, § 1130Oct. 19, 1996110 Stat. 3985 Pub. L. 111–207, § 4(a)(1)July 27, 2010124 Stat. 2251 Pub. L. 104–55, , , as amended by , , , provided that regulations or guidelines issued pursuant to should take into account the differences among classes of fats, oils, and greases described under that law.