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| Home > Statutes > Usa Oregon |
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USA Statutes : oregon
Title : TITLE 48 ANIMALS
Chapter : Chapter 601 Dead Animals
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As used in this chapter, the term "department"
means the State Department of Agriculture. (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.
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.(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](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]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. 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] (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.
Application for the license shall be made on forms furnished by the
department with such information as the department may require.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.(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. 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.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. (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. 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.(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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