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SF 3146

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

  1.1                          A bill for an act 
  1.2             relating to agriculture; providing for disposition of 
  1.3             small pig carcasses by swine producers; amending 
  1.4             Minnesota Statutes 1996, section 35.82, subdivision 2. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1996, section 35.82, 
  1.7   subdivision 2, is amended to read: 
  1.8      Subd. 2.  [DISPOSITION OF CARCASSES.] (a) Except as 
  1.9   provided in subdivision 1b and paragraph (d), every person 
  1.10  owning or controlling any domestic animal that has died or been 
  1.11  killed otherwise than by being slaughtered for human or animal 
  1.12  consumption, shall as soon as reasonably possible bury the 
  1.13  carcass at least three feet deep in the ground or thoroughly 
  1.14  burn it or dispose of it by another method approved by the board 
  1.15  as being effective for the protection of public health and the 
  1.16  control of livestock diseases.  The board, through its executive 
  1.17  secretary, may issue permits to owners of rendering plants 
  1.18  located in Minnesota which are operated and conducted as 
  1.19  required by law, to transport carcasses of domestic animals and 
  1.20  fowl that have died, or have been killed otherwise than by being 
  1.21  slaughtered for human or animal consumption, over the public 
  1.22  highways to their plants for rendering purposes in accordance 
  1.23  with the rules adopted by the board relative to transportation, 
  1.24  rendering, and other provisions the board considers necessary to 
  1.25  prevent the spread of disease.  The board may issue permits to 
  2.1   owners of rendering plants located in an adjacent state with 
  2.2   which a reciprocal agreement is in effect under subdivision 3. 
  2.3      (b) Carcasses collected by rendering plants under permit 
  2.4   may be used for pet food or mink food if the owner or operator 
  2.5   meets the requirements of subdivision 1b. 
  2.6      (c) An authorized employee or agent of the board may enter 
  2.7   private or public property and inspect the carcass of any 
  2.8   domestic animal that has died or has been killed other than by 
  2.9   being slaughtered for human or animal consumption.  Failure to 
  2.10  dispose of the carcass of any domestic animal within the period 
  2.11  specified by this subdivision is a public nuisance.  The board 
  2.12  may petition the district court of the county in which a carcass 
  2.13  is located for a writ requiring the abatement of the public 
  2.14  nuisance.  A civil action commenced under this paragraph does 
  2.15  not preclude a criminal prosecution under this section.  No 
  2.16  person may sell, offer to sell, give away, or convey along a 
  2.17  public road or on land the person does not own, the carcass of a 
  2.18  domestic animal when the animal died or was killed other than by 
  2.19  being slaughtered for human or animal consumption unless it is 
  2.20  done with a special permit pursuant to this section.  The 
  2.21  carcass or parts of a domestic animal that has died or has been 
  2.22  killed other than by being slaughtered for human or animal 
  2.23  consumption may be transported along a public road for a medical 
  2.24  or scientific purpose if the carcass is enclosed in a leakproof 
  2.25  container to prevent spillage or the dripping of liquid waste.  
  2.26  The board may adopt rules relative to the transportation of the 
  2.27  carcass of any domestic animal for a medical or scientific 
  2.28  purpose.  A carcass on a public thoroughfare may be transported 
  2.29  for burial or other disposition in accordance with this section. 
  2.30     No person who owns or controls diseased animals shall 
  2.31  negligently or willfully permit them to escape from that control 
  2.32  or to run at large. 
  2.33     (d) A sheep producer may compost sheep carcasses owned by 
  2.34  the producer on the producer's land without a permit and is 
  2.35  exempt from compost facility specifications contained in rules 
  2.36  of the board. 
  3.1      (e) A swine producer may dispose of pig carcasses weighing 
  3.2   less than 12 pounds by reducing the carcass to a material of 
  3.3   less than one inch in diameter and introducing the material into 
  3.4   the liquid waste stream of the swine facility. 
  3.5      (f) The board shall develop best management practices for 
  3.6   dead animal disposal and the pollution control agency feedlot 
  3.7   program shall distribute them to livestock producers in the 
  3.8   state.