Missouri Revised Statutes

Chapter 269
Disposal of Dead Animals

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Definitions.

269.010. As used in this chapter, the following terms mean:

(1) "Animal", cattle, swine, sheep, horses, other domestic and exotic animals including birds, fish, and reptiles, and all other animals raised or produced for commercial purposes, and beginning July 1, 1995, the term shall include poultry and turkeys;

(2) "Body parts", the blood, tissue, pieces of flesh and organs of the carcass;

(3) "Carcass", the body or body parts of any dead animal, large or small;

(4) "Dead animal", the carcass of an animal;

(5) "Director", the director of the department of agriculture or his designated representative;

(6) "Disposal plant", or "plant" includes any plant and all the equipment thereof described or referred to in any section of this chapter, that is constructed and intended to be operated for the disposal of the bodies of dead animals by means either of cooking, or other method herein prescribed, or hereafter provided for by law and not otherwise defined; and shall also include all substations of any such plant that are used in connection with such business solely for the temporary deposit or storage of such dead bodies that are transported thereto by a licensee pending final delivery thereof to any such disposal plant; and shall also include all vehicles and equipment thereof used by a licensee for the transportation of such bodies to such plant for their disposal therein in any manner herein prescribed;

(7) "Finished carcass", a carcass intended for human consumption which is ready for final cutting, trimming, and deboning required to prepare the final meat product;

(8) "Finished meat product", meat product intended for human consumption, as it is sold to retail consumers;

(9) "Nuisance", as otherwise defined by applicable Missouri common or statutory law;

(10) "Person" includes all persons, firms, copartnerships, associations, joint ventures and corporations, of all kinds and places of residence, or any other group or combination acting in concert; and whether acting as a principal, trustee, receiver, or as any other kind of legal or personal representative; or as the successor in interest, assign, agent, factor, servant, employee, director, officer or any other representative of any such person;

(11) "Sinkhole", a depression in the surface of the earth resulting from the subsurface removal of soil and rock by natural forces;

(12) "State veterinarian", a state veterinarian of Missouri or his authorized representative;

(13) "Substation", a building, container, or other area where dead animals are brought, gathered, or held awaiting transportation to a disposal site;

(14) "Vehicle", any truck or other motor vehicle, including any detachable trailer or container in which dead animals are transported; and

(15) "Well" has the same meaning as defined in section 256.603 and any applicable rule or regulation promulgated under the authority of sections 256.600 to 256.640.

(L. 1941 p. 290 § 14493, A.L. 1992 H.B. 878)

Disposal of dead animals, manner--on-site burials permitted,when--removal of hide authorized--composting, incineration--stateveterinarian may enter premises in emergency situations or whennuisance exists, costs--court order requiringdisposal--limitation on veto power of decisions.

269.020. 1. Every person owning or caring for any animal that has died from any cause shall dispose of the animal carcass within twenty-four hours after knowledge of such death, either by arranging for a person permitted under this chapter to dispose of or transport it, or by the owner or person entitled to such body causing the same to be deposited in a permitted sanitary landfill notwithstanding any other provision of the law or rule to the contrary, allowing it to be buried in a sanitary landfill or buried, incinerated, composted, or disposed of in a manner approved by the state veterinarian within the twenty-four-hour period upon his own or any other available premises, provided that such disposition is in accordance with the provisions of subsection 2 of this section.

2. On-site burial of dead animals shall be in accordance with the following loading limitations, geographic restrictions and other conditions as specified:

(1) For areas defined by the department of natural resources, division of geology and land survey, as having major groundwater contamination potential, the maximum loading rate shall be limited to:

(a) One bovine, six swine, seven sheep, and beginning July 1, 1995, seventy turkey carcasses or three hundred poultry carcasses on any given acre per year; or

(b) All other species and immature cattle, swine, and sheep, and beginning July 1, 1995, turkeys or poultry shall be limited to one thousand pounds of animals on any given acre per year;

(2) A maximum loading for areas excluded from subdivision (1) of this subsection shall be limited to:

(a) Seven cattle, forty-four swine, forty-seven sheep, and beginning July 1, 1995, four hundred turkey carcasses, or two thousand poultry carcasses on any given acre per year; or

(b) All other species and immature cattle, swine, sheep, and beginning July 1, 1995, turkeys or poultry shall be limited to seven thousand pounds of animals on any given acre per year;

(3) The maximum amount of land that shall be used for on-site burial of animals on any person's property during a given year shall be limited to ten percent of the total land owned by that person or one acre, whichever is greater; and

(4) Burial sites shall not be located in low-lying areas subject to flooding; and

(5) The lowest elevation of the burial pits shall be six feet or less below the surface of the ground; and

(6) The dead animals shall be immediately covered with a minimum of six inches of soil and a final cover of a minimum of thirty inches of soil; and

(7) Carcasses shall not be placed on the ground, in a ditch, at the base of a hill, or in a cavern and covered with soil; and

(8) The abdominal cavity of carcasses over one hundred fifty pounds shall be punctured to allow escape of putrefactive gasses; and

(9) The location of dead animal burial sites must be in accordance with the following separation distances:

(a) At least three hundred feet from any wells, surface water intake structures, public water supply lakes, springs or sinkholes; and

(b) At least fifty feet from adjacent property line; and

(c) At least three hundred feet from any existing neighboring residence; and

(d) More than one hundred feet from any body of surface water such as a stream, lake, pond, or intermittent stream.

3. Any person so owning or controlling any dead animal, that has not died of a contagious disease, shall have the right to remove the hide or skin thereof, at the site of the animal's death, before disposing of such body as prescribed in this chapter, but such skinning must be done and the disposition of such hide, or skin and body must be made in a manner that will avoid the creation of any nuisance.

4. No body of any animal shall be buried, burned, cooked, or otherwise disposed of, except as provided for in this section.

5. Composting of dead animals shall be done in a dead animal composter designed and constructed in an efficient design as recommended by the University of Missouri extension service.

6. Noncommercial incineration of dead animals shall be done in an incinerator designed, constructed and operated in an efficient manner as recommended by the University of Missouri extension service.

7. Commercial incineration of dead animals shall be done in an incinerator designed, constructed and operated in accordance with the provisions of chapter 643 and any rule or regulation promulgated thereunder.

8. Disposal of dead animals is allowable in a sanitary landfill that has a current permit under the provisions of chapter 260 and any rule or regulation promulgated thereunder.

9. In emergency situations involving a risk to the health and welfare of any species of animal or man caused by the death of an animal, the state veterinarian may enter any premises, take possession of any dead animal, and dispose of such animal by any method authorized by this chapter, but only if the person who owned, cared for, or most recently possessed the animal is unable or unwilling to properly dispose of the animal. The owner, custodian, or person who most recently possessed the animal shall reimburse the state veterinarian for the reasonable expense of disposing of the animal pursuant to this section.

10. If an animal's death causes a nuisance, the state veterinarian may enter any premises, take possession of any dead animal and dispose of such animal by any method authorized by this chapter but only if the person who owned, cared for, or who most recently possessed the animal has not been located within twenty-four hours after a reasonable effort, the person is absent from the state and refuses to cooperate, or the person is unable to properly dispose of the animal due to that person's physical or mental condition. The owner, custodian, or person who most recently possessed the animal shall reimburse the state veterinarian for the reasonable expense of disposing of the animal pursuant to this section.

11. In emergency situations involving a risk to the health and welfare of any species of animal or man, or where the death of an animal has caused a nuisance, the state veterinarian may apply, in the county where the dead animal was found, for a court order requiring the person who owned, cared for, or most recently possessed the dead animal, to dispose of it.

12. The department of agriculture and the department of natural resources shall not have veto power on the decisions of the University of Missouri extension services or any decisions made under this section.

(L. 1941 p. 290 § 14493n, A.L. 1992 H.B. 878, A.L. 1993 H.B. 399)

Large scale animal death, state veterinarian, powers, duties.

269.021. In the event of large scale animal death loss due to disaster, a disease outbreak, or a disease eradication and control program that will require disposal in excess of the restrictions of section 269.020, the state veterinarian shall develop an emergency plan of disposal for the carcasses. Upon request of the state veterinarian, the state department of natural resources shall assist in the development of the emergency plan and the implementation of such plan. For purposes of this section, the term "animal" shall include cattle, swine, turkeys, chickens, sheep, horses, other domestic and exotic animals including birds, fish, and reptiles, and all other animals raised or produced for commercial purposes.

(L. 1992 H.B. 878)

Director to promulgate rules, procedure.

269.022. The director shall promulgate such rules and regulations as he deems necessary to implement this act* and provide for its orderly administration. No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.

(L. 1992 H.B. 878, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)

*"This act" (H.B. 878, 1992) contained numerous sections. Consult Disposition of Sections table for a definitive listing.

Director may assist in enforcement, authorized employees' powers.

269.023. 1. The director shall have the power to authorize certain employees of the department or employees of the United States Department of Agriculture to assist in the enforcement of this chapter.

2. In connection with such enforcement, such authorized employees may intercept, stop and detain for official inspection or inquiry any vehicle suspected of being used for the transportation of dead animals except for wildlife taken under the Missouri wildlife code in this state. Such authorized employees may use a red flashing light to aid them in stopping such vehicles.

(L. 1992 H.B. 878)

Director may investigate suspected violations, civilpenalties--review, distribution of penalties.

269.025. 1. The director, upon his own information or upon the complaint of any person, may institute an investigation including the inspection of any premises or vehicle upon which any dead animal except wildlife taken under the Missouri wildlife code is or may be found, and if any violation of this chapter is deemed to exist the director may assess a civil penalty not to exceed one thousand dollars. Any person against whom a civil penalty has been assessed under the provisions of this section may request and shall be granted a hearing in the county of the residence of said person, before the director in the manner provided in section 536.063. Procedures and appeals shall be governed by the provisions of section 536.150.

2. All civil penalties and assessments for violations shall be expended in accordance with the provisions of Article IX, Section 7*, of the Missouri Constitution.

(L. 1992 H.B. 878)

*Words "Article IX, Section 10" appear in original rolls.

Transportation of dead animals prohibited, exceptions.

269.030. No person, except one holding a permit to transport the bodies of dead animals on public highways of this state, or who is acting for such permittee, or who is otherwise excepted by the provisions of this chapter, shall transport on the highways or public roads of this state the bodies of dead animals without first obtaining a permit for that purpose. The state veterinarian shall keep a record of all applications for permits, showing all permits issued, denied, revoked, or otherwise disciplined by him, and such other facts as he may prescribe.

(L. 1941 p. 290 § 14493b, A.L. 1992 H.B. 878)

Dead animal substation, permit required.

269.032. No person, except one holding a permit to operate or maintain a dead animal substation in this state, shall operate or maintain a dead animal substation in this state. The state veterinarian shall keep a record of all applications for permits, showing all permits issued, denied, revoked, or otherwise disciplined by him, and such other facts as he may prescribe.

(L. 1992 H.B. 878)

Application for permit to transport dead animals, contents.

269.040. Any person desiring a permit under this chapter to engage or continue in the business of transporting dead animals, shall file an application for such permit with the state veterinarian, which application shall set forth the name and residence of the applicant, the location of his place of business, the particular method, or methods, which he intends to employ, in the transportation of the bodies of such dead animals; the number and kind of vehicles he will use; and such other essential information relative thereto as the state veterinarian, by his rules and regulations, may require.

(L. 1941 p. 290 § 14493c, A.L. 1992 H.B. 878)

Application for permit to operate dead animal substation, contents.

269.045. Any person desiring a permit to operate or maintain a dead animal substation as provided for in this chapter, shall file an application for such permit with the state veterinarian, which application shall set forth the name and residence of the applicant, the location of his place of business, the particular method, or methods, which he intends to employ in the storage of dead animals at the substation, the number, location, and size of all substations he desires to operate, and other such information relative thereto as the state veterinarian by rule or regulation may require.

(L. 1992 H.B. 878)

Receipt of application, duties of state veterinarian.

269.050. Upon receipt of a permit application, the state veterinarian shall, within thirty days, ascertain whether or not such applicant is qualified to operate such vehicle or substation, and that if the equipment or substation to be used and the proposed methods of operation comply with all the provisions of this chapter and with the rules and regulations authorized thereunder, the state veterinarian shall thereupon issue to such applicant a* permit.

(L. 1941 p. 290 § 14493d, A.L. 1992 H.B. 878)

*Word "a" does not appear in original rolls.

Inspection and review, notice of insufficiencies, reinspection.

269.060. Whenever the state veterinarian, by his initial inspection of the applicant's equipment or substation and his initial review of the applicant's proposed methods of operation, *shall find that the applicant has not complied with all the requirements of this chapter and of such rules and regulations* or shall find that the applicant will be unable to comply due to the condition of the equipment or facility or the methods the applicant has proposed to employ, the state veterinarian shall at once notify the applicant in writing, delivered in person or by certified mail, with return receipt, specifying the particulars of such failure to comply or the insufficiencies and of any further objections he may have. The applicant may, in writing, notify the state veterinarian of his corrections and upon receipt of this notice, the state veterinarian shall, within ten days, make a similar second inspection and review.

(L. 1941 p. 290 § 14493g, A.L. 1992 H.B. 878)

*...* This phrase is repeated in original rolls.

Issuance of permits to transport.

269.070. When the applicant has satisfied all requirements imposed by this chapter and the regulations promulgated thereunder, the state veterinarian shall issue to such applicant a permit, which shall be attached to each vehicle so used, which permit shall entitle him to operate each vehicle for the purpose of transporting dead animals to authorized disposal plants or substations.

(L. 1941 p. 290 § 14493e, A.L. 1992 H.B. 878)

Issuance of permit to operate substation--contents--posting.

269.072. When the applicant has satisfied all requirements imposed by this chapter the state veterinarian shall issue to such applicant a permit which shall entitle the applicant to operate a dead animal substation. The permit issued to the applicant shall bear the applicant's name, the substation location and identification number, and such permit must be maintained in plain view at the substation, and a copy of the permit must be presented to the state veterinarian upon request.

(L. 1992 H.B. 878)

Qualifications for permit--grounds for refusal of issuance, review,notice.

269.075. 1. Permits provided for in this chapter shall be granted only to those persons, corporations, and associations who are competent to operate or maintain a dead animal transportation service or dead animal substation in such manner as to safeguard the interest of the public and only then after the applicant has provided satisfactory proof to the department that he has satisfied all requirements imposed upon him by this chapter and the rules and regulations promulgated thereunder.

2. The state veterinarian may refuse to issue a permit to any person known by him to be guilty of any of the acts or practices specified in this chapter or to any person previously permitted whose permit has been revoked or to any association or copartnership of which such person is a member, or to any corporation of which such person is an officer or in which as a stockholder such person has or exercises a controlling interest either directly or indirectly.

3. Any person denied a permit or the right to be examined shall be notified by the state veterinarian in writing stating the reasons for the denial or refusal to examine the application and inform the person so denied or refused of his right to request a hearing, conducted pursuant to chapter 536, to determine whether or not he is qualified to be licensed or permitted. All notices hereunder shall be sent by registered or certified mail to the last known address of the applicant.

(L. 1992 H.B. 878)

Transportation of dead animals for foreign plants--permits andlicenses--fees--revocation and suspension.

269.080. The state veterinarian is authorized to grant a permit or license permitting the bodies of dead animals to be transported over the highways of this state to a disposal plant located outside the boundaries of this state, with proper identification tags, to a resident truck owner upon the payment of a fee of twenty-five dollars per annum for the first such truck and a fee of ten dollars per annum for each such additional truck, permitting such truck owner to transport dead bodies outside the state, providing the truck owner and his truck meet the conditions and specifications of this chapter, together with such rules and regulations as the state veterinarian may prescribe, and further, that in any section or locality of this state which is now or which may hereafter be served in a sanitary manner by a dead animal disposal plant located outside the boundaries of this state, the state veterinarian is authorized to issue a permit or license, with proper identification tags, to such owner or operator operating any truck owned by or serving such nonresident disposal plant, upon proper application and payment of a fee of fifty dollars per annum for the first such truck owned or leased and operated in Missouri by or for said nonresident disposal plant and ten dollars per annum for each additional truck or vehicle owned or leased and operated in Missouri by or for said nonresident disposal plant and twenty dollars per annum for each substation operated by or for such nonresident dead animal disposal plant; such permit or license shall permit any such truck owner or operator to transport such bodies of dead animals to any disposal plant outside of this state providing the vehicle or vehicles used by such truck owner or operator meet the standards and specifications prescribed for such vehicles by this chapter, and such rules and regulations as prescribed by the state veterinarian under this chapter for the transportation of bodies of dead animals within this state. Application for such permit or license shall contain an agreement by the owner or operator of said vehicle that he shall fully comply with the provisions of section 269.150, and that the operator thereof shall, upon reentering this state after unloading at such disposal plant, be prepared to certify under oath that the acts required in section 269.150 have been fully performed. The state veterinarian may for cause issue an order revoking or suspending any such permit or license with the right of the licensee or permittee to appeal as is provided in this chapter for disposal plants located within this state.

(L. 1941 p. 290 § 14493i)

Duration of permits.

269.100. All vehicle permits and substation permits issued under this chapter shall remain effective until and unless voluntarily surrendered, suspended or revoked, as provided in this chapter.

(L. 1941 p. 290 § 14493f, A.L. 1947 V. I p. 26, A.L. 1992 H.B. 878)

Director may suspend, revoke permits, notice, hearing,procedure--subpoenas, oaths--review.

269.110. 1. The director shall have power to suspend, revoke or otherwise restrict or discipline a permittee under this chapter, in the event such permittee shall violate and fail or refuse to obey any of the provisions of this chapter; or in the event any permittee has been finally convicted of, found guilty of, or entered a guilty plea or nolo contendere to violating the laws of this state or the United States which in any manner affects* his conduct of said business whether or not sentence is imposed; provided, however, that before any permit shall be suspended, revoked, or otherwise restricted or disciplined, the permittee shall be furnished with a written copy of the charges made against him and a hearing shall be had before the director according to the provisions set forth in chapter 536. At the hearing, such person and the state shall have the opportunity to present in person or by counsel such statements, testimony, evidence, and argument as may be pertinent to the charges or to any defense. The director may subpoena any persons or documents incident to the hearing, the director may take testimony orally, by deposition, or by exhibit, in the same and with the same fees and mileage as prescribed in judicial proceedings in civil cases. The director may also administer oaths to those giving evidence. Following the hearing the director may either suspend, revoke, or otherwise restrict or discipline any permit or certificate issued under this chapter.

2. Any person aggrieved by a decision of the director after the hearing prescribed in subsection 1 of this section may seek review of the decision by appeal de novo in the circuit court of the county of residence of the aggrieved.

(L. 1941 p. 290 § 14493q, A.L. 1978 H.B. 1634, A.L. 1992 H.B. 878)

*Word "affecting" appears in original rolls.

Vehicles and substations, construction.

269.130. All vehicles and substations used in the transportation or holding of the bodies of dead animals, under the provisions of this chapter, shall have a tank or metal lining in the bed of such vehicle or substation, or be otherwise so constructed that the same shall be practically watertight, so that no drippings, or seepage from such dead bodies shall escape from such vehicles while engaged in such transportation or holding; and every such vehicle shall have a bed of such depth and type of construction and equipment that any dead body or bodies therein shall be completely hidden from view of persons using the highways and any public nuisance obviated while being transported or held.

(L. 1941 p. 290 § 14493j, A.L. 1992 H.B. 878)

State veterinarian may prescribe additional requirements.

269.140. The state veterinarian may prescribe specific and also additional requirements, not inconsistent with the provisions and purposes of this chapter, governing and regulating such transportation and the construction, equipment, maintenance and operation of such vehicles and substations.

(L. 1941 p. 290 § 14493k, A.L. 1992 H.B. 878)

Disposal, time limitation.

269.145. No dead animal may remain at an unrefrigerated substation or a series of unrefrigerated substations for a period of more than forty-eight hours. All dead animals entering a substation in this state shall be disposed of according to the provisions of this chapter, taken to an authorized disposal facility, or permanently removed from the state within the above-mentioned time.

(L. 1992 H.B. 878)

Required cleansing and disinfecting of vehicles--hauling live animalsor feeds in same vehicle prohibited.

269.150. After the bodies of dead animals have been unloaded from any vehicle used for the transportation thereof to the disposal plant, on each trip, such vehicle and all parts thereof shall be thoroughly cleansed and disinfected in such manner and with such a solution, as the state veterinarian shall prescribe by regulation, and in addition thereto all such vehicles shall be washed out thoroughly with steam or hot water after each use thereof in transporting such dead bodies. It shall be unlawful to use any truck or vehicle licensed under the provisions of this chapter to haul dead animal bodies, for the purpose of hauling or transporting live animals, or animal or poultry feeds of any description or anything to be used for human consumption.

(L. 1941 p. 290 § 14493l, A.L. 1992 H.B. 878)

Transportation nuisances to be avoided.

269.160. Vehicles, when loaded with the body of an animal, shall be driven directly to a substation or to the place of disposal, except that the driver may stop to pick up other dead bodies, but he shall not drive upon the premises of any person unless he first obtains the permission of such person and he shall avoid creating any nuisance during such transportation and in the event any drippings, seepage or spillage from malfunction or accident should escape from such vehicle, to his knowledge, he shall clean up the same and remedy such escape.

(L. 1941 p. 290 § 14493m, A.L. 1992 H.B. 878)

Location of plants--restrictions and exceptions.

269.170. No disposal plant or dead animal substation shall be located or constructed at any place in this state inside of, or within two miles of the nearest point of the corporate limits of, any city or town; nor within one mile of the nearest boundary of the lands then owned or controlled in connection either with any state, county, township, city, or town park; or of any public school or hospital; or of any charitable, religious or educational institution; provided, however, that where a disposal plant for dead bodies is now operating that does not comply with the provisions of this section as to location, such disposal plant may continue operation in its present location, provided the plant meets all the provisions and regulations of this chapter as to sanitation, and is not a public nuisance or a public health hazard.

(L. 1941 p. 290 § 14493h, A.L. 1992 H.B. 878)

Specifications for disposal plants.

269.180. No disposal plant shall be deemed a suitable or sanitary place for disposing of the bodies of dead animals by any process unless it conforms to the following minimum specifications:

(1) The building must have four walls complete and be provided with concrete or cement floors and with good drainage and be thoroughly sanitary in construction and maintenance; and any sewage, drainage, or waste water of any kind, if of an offensive or obnoxious character or odor, detrimental to human, animal, agricultural or aquatic life, or that may constitute a public nuisance, shall not be permitted to escape therefrom until first treated as herein specified. All sewage, drainage, or waste water must first pass through a septic tank or a filter bed or covered settling pool, that will destroy all infection therein before passing therefrom and must not thereafter, at any time, empty or pass into any body of water, or any stream other than a running stream, or if emptying upon the ground, on the premises of said plant, it must be absorbed by the soil and not be allowed to collect in open pools, or in any other manner so as to create a public nuisance.

(2) All such plants must be properly equipped and operated with steel tanks, enclosed dryers and cold water condensers, and all bodies shall be reduced only by approved plants, except in emergencies, where burning may be permitted under regulations prescribed therefor by the state veterinarian.

(3) All tanks shall be airtight, except proper escapes for live steam, passing through the tanks during cooking, which steam shall be condensed by use of cold water condensers. All such equipment shall be so constructed and maintained as to prevent any avoidable escape of odors into the air.

(4) If a method of dry rendering is used, the heads and discharge doors of the vessels shall be of a type using gaskets, with the doors drawn tight with bolts against such gaskets, and with packing boxes around the agitator shafts, and with vent for drawing off condensation, so constructed that the discharge shall be condensed by the use of cold water condensers of sufficient capacity, and with all thereof and every other part and opening in such equipment so constructed and maintained that there will be no avoidable escape of odors into the air.

(5) All skinning and dismembering of bodies shall be done within such building and in such manner and shall be so kept therein that no unnecessary annoyance shall be caused other persons by the conditions or unsightly appearance of such bodies or any parts and contents thereof; and all such bodies and all parts and contents thereof, shall be disposed of within twenty-four hours after delivery to such plant, by some method herein specified; except where rendered impossible by accident or other casualty preventing the operation of the plant, or except where some epidemic or act of God had caused more bodies to be accumulated than can be reasonably disposed of within such period of time by the continuous operation of the plant; in any of which events the plant shall be placed in operation as soon as possible and shall be operated continuously until all bodies are disposed of.

(6) In the event any bodies, or parts thereof, are disposed of at such plant at any time by burning, the place and equipment used therefor shall be so located, constructed, arranged, maintained and operated that no avoidable odors will escape into the air; and all portions of such bodies not so entirely consumed, or that may be otherwise left undisposed of, shall be buried, as herein provided.

(7) In the event any bodies, or parts of bodies, are disposed of at said plant by burying the same, this shall be done in the same manner and period of time after receiving the same as is provided in this chapter for such burial by the owner or person controlling such bodies prior to disposition thereof to any such plant.

(8) Such disposal plant shall be so situated, constructed and maintained and all operations therein so conducted at all times as not to create and continue unnecessarily a public nuisance.

(L. 1941 p. 290 § 14493o)

Inspection of plants.

269.190. The state veterinarian, in person or by anyone authorized by him, shall inspect each plant and place licensed under this chapter at least once each year, and as often as he may deem necessary, and shall see that the licensees and all other persons comply with this chapter and conduct such business in conformity with this chapter and the rules and regulations made and published by him pursuant thereto.

(L. 1941 p. 290 § 14493p)

Exceptions to chapter.

269.200. 1. Nothing contained in this chapter shall apply to or affect any of the following persons, matters, or vocations, to wit:

(1) To any person hauling a dead animal to a slaughtering establishment where such animals will be slaughtered for personal consumption;

(2) To any person transporting or storing finished carcasses or finished meat products or the trimmings therefrom;

(3) To any person transporting, disposing of, or selling the hides or skins of animals, or tanning such hides or skins for himself or other persons;

(4) To any governmental agency, responding to an emergency situation, or collecting, transporting, or disposing of the bodies of any dead animals in any manner approved by the state veterinarian;

(5) To any livestock producer transporting his dead livestock to a rendering plant or substation, or to a diagnostic facility and/or to an on-farm disposal site;

(6) To any person lawfully operating a pet cemetery;

(7) To any animal research facility that is regulated by the federal Animal Welfare Act;

(8) Any person transporting, without specific hire or compensation for such transportation, a dead animal to a place of burial or disposal.

2. No provisions of any other laws or ordinances regulating any of the persons, matters or vocations aforesaid shall be affected or repealed by this chapter.

(L. 1941 p. 290 § 14493a, A.L. 1992 H.B. 878)

Failure to secure permit--penalty.

269.210. Any person, except one holding a permit to operate such a disposal plant in this state, or one holding a permit to transport bodies of dead animals or a substation to hold bodies of dead animals, or who is acting for such permittee, or who is otherwise excepted by this chapter, who shall advertise in any manner, whereby he shall indicate that he is engaged in transporting and disposing of dead animals in any manner and for any purpose not excepted in this chapter; or who shall obtain from any other person, by purchase or otherwise, the body of any such dead animal, in whole or in any part, for the purpose of transporting the same over any highway of this state and of disposing of the carcass, or the hide, skin, grease, or other products, of such dead animal, to any person or by any method shall be guilty of violating this chapter, and shall be subject to all the penalties of this chapter.

(L. 1941 p. 290 § 14493s, A.L. 1992 H.B. 878)

Violation--penalty.

269.220. Any person who shall violate any of the provisions of this chapter shall upon conviction thereof be adjudged guilty of a misdemeanor. Each violation of the provisions of this chapter shall be deemed a separate offense.

(L. 1941 p. 290 § 14493u, A.L. 1992 H.B. 878)


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