2007 Oregon Code - Chapter 601 :: Chapter 601 - Dead Animals
Chapter 601 —
Dead Animals
2007 EDITION
DEAD ANIMALS
ANIMALS
601.010Â Â Â Â Definitions
601.020Â Â Â Â Applicability
of dead animal provisions
601.030Â Â Â Â License
required to engage in animal disposal business
601.040Â Â Â Â Application
for license and payment of fee; rules; disposition of funds collected
601.050Â Â Â Â Investigation
of place of business and applicant; issuance of license
601.060Â Â Â Â License
limitations
601.070Â Â Â Â Revocation
or refusal to issue license
601.080Â Â Â Â License
for conveyance transporting dead animals; fee
601.090Â Â Â Â Requirements
as to conduct of business and construction of premises
601.100Â Â Â Â Transportation
and handling of dead animals; assembly plant license fee
601.110Â Â Â Â Inspection
of place of business or conveyance
601.120Â Â Â Â Department
to administer and enforce disposal provisions; rules and regulations
601.130Â Â Â Â Jurisdiction
of courts; restraining violation
601.140Â Â Â Â Carcass
of domestic animal to be buried or destroyed
601.990Â Â Â Â Penalties
     601.010
Definitions. As used in this
chapter, the term “department” means the State Department of Agriculture.
     601.020
Applicability of dead animal provisions. (1) Any person engaged in the business of obtaining, by purchase or
otherwise, the body, carcass or parts of animals, for the purpose of obtaining
the hide, skin or grease from such body, carcass or parts of animals or for the
purpose of disposing of such body, carcass or parts in any way whatsoever, is
deemed to be engaged in the business of disposing of the bodies, carcasses or
parts of animals, and is subject to all the provisions and penalties of this
chapter.
     (2) However, ORS 601.010 to 601.130 do not
apply to:
     (a) The slaughtering and handling of
animals for human consumption or to the dissection of animals for scientific
research.
     (b) Persons in cities and towns who gather
up and dispose of the bodies of dead fowl, cats, dogs and other small animals,
if they gather up and dispose of such bodies of small animals in the regular
course of their garbage business.
     601.030
License required to engage in animal disposal business. Before any person shall engage in the
business of disposing of the bodies, carcasses or parts of animals by
rendering, burning, burying or any other means, the person shall procure from
the State Department of Agriculture a license. All such licenses shall expire
on June 30 next succeeding their date of issuance or on such date as may be
specified by department rule. [Amended by 2007 c.768 §17]
     601.040
Application for license and payment of fee; rules; disposition of funds
collected. (1) Any person
desiring to obtain a license to dispose of the bodies, carcasses or parts of
animals shall file with the State Department of Agriculture an application for
such license. The application shall be upon a form furnished by the department
and shall contain such information as the department may, by rule and
regulation, prescribe.
     (2) At the time of filing, the applicant
shall pay to the department a license fee of $50. All such fees shall be
remitted by the department to the State Treasurer, who shall place all money so
received in the Department of Agriculture Service Fund for the purpose of
carrying into full force and effect ORS 601.010 to 601.130. [Amended by 1979
c.499 §15]
     601.050
Investigation of place of business and applicant; issuance of license. (1) Upon receiving an application for a
license, the State Department of Agriculture shall immediately cause one of its
officers, employees or deputies to inspect the place where the applicant
desires to conduct the business, and ascertain:
     (a) Whether the applicant is a responsible
and suitable person to be entrusted with a license to conduct such business.
     (b) Whether the place where the business
is to be conducted is a suitable and sanitary place in which to dispose of the
bodies, carcasses and parts of animals.
     (c) Whether it conforms to the rules and
regulations prescribed by the department.
     (2) If the applicant meets the
requirements set forth in this section, the department shall issue the
applicant a license to conduct business. [Amended by 2003 c.14 §359]
     601.060
License limitations. Any
licenses issued under ORS 601.050 or 601.080 shall be nontransferable by the
licensee and shall apply to only one place of business or conveyance, as
specified in the license. Any licensee, operating more than one place of
business or conveyance shall obtain a separate license for each such place or
conveyance.
     601.070
Revocation or refusal to issue license. Upon determining that any person licensed under ORS 601.050 or
601.080, or who has applied for a license under ORS 601.040 or 601.080, has
violated, or failed to comply with any of the provisions of ORS 601.010 to
601.130 or any of the rules and regulations of the State Department of
Agriculture made under such sections, or that such person has failed to place
and keep the premises, where the person conducts the licensed business or the
conveyance, in the manner required by such sections, the department may revoke
the license of the person, or refuse to issue a license to such person. [Amended
by 1961 c.425 §10]
     601.080
License for conveyance transporting dead animals; fee. (1) Before any person, not holding a license
for the disposal of bodies, carcasses or parts of animals, transports for hire
the bodies, carcasses or parts of animals upon the highways of the state, the
person shall obtain a license for such truck or conveyance used, from the State
Department of Agriculture.
     (2) The license fee for each conveyance
shall be $10 per year. The license shall expire on June 30 next succeeding the
date of its issuance or on such date as may be specified by department rule.
Application for the license shall be made on forms furnished by the department
with such information as the department may require. [Amended by 2007 c.768 §18]
     601.090
Requirements as to conduct of business and construction of premises. Every person engaged in the business of
disposing of the bodies, carcasses or parts of animals shall conduct such
business and shall construct, arrange and keep the premises on which such
business is conducted in accordance with the following requirements:
     (1) All buildings on such premises shall
be constructed as to allow them to be kept in a sanitary condition and shall be
provided with properly drained concrete or cement floors. Such buildings shall
be fly-tight and so constructed as to exclude rats, other rodents and vermin.
     (2) Such place shall be so situated,
arranged and constructed as not to interfere with the comfortable enjoyment of
life and property by any of the residents of this state.
     (3) In case such dead bodies, carcasses or
parts of animals are to be disposed of by rendering, the cooking vats or tanks
shall be airtight except for proper escapes or vents for steam used in
rendering or cooking. Such escaping steam shall be released through traps, or
other means, in such manner as not to cause unnecessary annoyance or create a
nuisance in its disposal.
     (4) All storing, skinning and dismembering
of dead bodies, carcasses or parts of animals shall be done within a building
on the premises in such a manner that no public annoyance or nuisance shall be
caused by the unsightly appearance or stench of such bodies, carcasses or parts
of animals.
     (5) In no case shall the process of
skinning, butchering or dismembering of animals or parts of animals be commenced
except at the place where the process of rendering, burning or burying is to be
completed.
     (6) In case dead bodies, carcasses or
parts of animals are disposed of by burning, the place where such burning is
done shall be so located, constructed and arranged as not to essentially
interfere with the comfortable enjoyment of life and property by residents of
this state. All parts of such bodies, carcasses or parts of animals not
entirely consumed by such burning shall be disposed of by burying, as provided
by this section, or in any such manner as may be directed by the State
Department of Agriculture.
     (7) In case dead bodies, carcasses or
parts of animals are disposed of by burying, they shall be buried to such a
depth that no part of any such body, carcass or part of an animal shall be
nearer than four feet to the natural surface of the ground and every part of
such body, carcass or part of an animal shall be covered with quicklime and by
at least four feet of earth.
     601.100
Transportation and handling of dead animals; assembly plant license fee. (1) Except as provided in subsection (3) of
this section, all persons licensed under ORS 601.050 or 601.080 shall transport
bodies, carcasses or parts of animals to their establishments in a covered
wagon, truck bed or tank which is watertight and so constructed that no
drippings or seepings can escape therefrom. Such wagon, truck bed or tank shall
be so constructed as to conform to the rules and regulations that may be
established by the State Department of Agriculture. The bodies, carcasses or
parts of animals shall not be removed from such wagon, truck bed or tank except
at the place of final disposition.
     (2) However, any person licensed under ORS
601.050 or 601.080 may, for the purpose of securing economy of handling and
transportation, establish a refrigerated assembly plant where whole bodies of
dead animals or their carcasses or parts may be placed in storage pending the
assembly of an economical quantity for transportation to the central plant. Such
assembly plant shall conform to such regulations by the department as shall
keep it in sanitary condition. Each such assembly plant shall be subject to an
annual license fee of $10.
     (3) Whole bodies of dead animals, the
condition of which has not become obnoxious to human senses, and which cannot
be placed in an ordinary wagon, truck bed or tank as described in subsection
(1) of this section, may be transported in an open wagon or truck. In such case
the body shall be suitably covered and concealed.
     (4) In the case of transporting offal or
parts of bodies from slaughterhouses or other places, the containers in which
they are transported must have tight covers and be kept in a sanitary
condition.
     601.110
Inspection of place of business or conveyance. The State Department of Agriculture shall
cause one or more of its officers, employees or deputies to inspect, as often
as it may deem advisable, each place or conveyance licensed under ORS 601.050
or 601.080. However, each such place for disposal shall be inspected at least
once during each license year. For the purpose of making such inspection, every
authorized officer, employee and deputy of the department shall have free
access to all premises licensed under such sections.
     601.120
Department to administer and enforce disposal provisions; rules and
regulations. The State
Department of Agriculture shall administer and enforce ORS 601.010 to 601.130
and may make and enforce all rules and regulations which the department deems
necessary to carry out the purposes of such sections. Such rules and
regulations shall be published in pamphlet form as provided by ORS 561.190.
     601.130
Jurisdiction of courts; restraining violation. (1) Justice courts and municipal courts
acting as justice courts have concurrent jurisdiction with circuit courts of
all prosecutions arising under ORS 601.010 to 601.130.
     (2) In addition to any penalty provided by
ORS 601.990 (1), the circuit court is vested with jurisdiction to restrain any
violation, or threatened violation, of ORS 601.010 to 601.130 upon suit by the
State Department of Agriculture. In any such suit, the district attorney of the
county where such suit is instituted shall represent the department, or the
Attorney General may represent the department in such suit.
     601.140
Carcass of domestic animal to be buried or destroyed. No person shall knowingly leave the carcass
of any domestic animal, which the person has owned or had in charge, within
one-half mile of any dwelling or within one-fourth mile of any running stream
of water for longer than 15 hours without burying or burning it.
     601.990
Penalties. (1) Subject to
ORS 153.022, violation of any provision of ORS 601.010 to 601.130 or any rule
or regulation of the State Department of Agriculture made under ORS 601.010 to 601.130,
is a Class B violation.
     (2)
Violation of ORS 601.140 is a Class D violation. [Amended by 1999 c.1051 §206]
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