Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                         CHAPTER 37-S.F.No. 391 
           An act relating to animal health; providing 
          alternative methods for the disposal of certain animal 
          carcasses; amending Minnesota Statutes 1990, section 
          35.82, subdivisions 1b and 2. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 35.82, 
subdivision 1b, is amended to read: 
    Subd. 1b.  [CARCASSES FOR PET OR MINK FOOD.] (a) The board, 
through its executive secretary, may issue a permit to the owner 
or operator of a pet food processing establishment, a mink 
rancher, or a supplier of an establishment, located within the 
boundaries of Minnesota, to transport the carcasses of domestic 
animals that have died or have been killed, other than by being 
slaughtered for human or animal consumption, over the public 
highways to the establishment for pet food or mink food purposes 
only.  The owners and operators of pet food processing 
establishments or their suppliers and mink ranch operators 
located in any adjacent state with which a reciprocal agreement 
is in effect under subdivision 3 are not required to possess a 
permit issued under this subdivision.  The permit is valid for 
one year following the date of issue unless it is revoked. 
    (b) The owner or operator of a pet food processing plant or 
mink ranch shall employ an official veterinarian.  A 
veterinarian named in the permit application who is accepted by 
the board to act as the official veterinarian is authorized to 
act as its representative. 
    (c) Carcasses collected by owners or operators under permit 
may be used for pet food or mink food purposes if the official 
veterinarian examines them and finds them suitable for pet food 
or mink food purposes. 
    (d) Carcasses not passed by the official veterinarian for 
pet food or mink food purposes must be disposed of by a 
rendering plant operating under permit from the board. 
    (e) The board must require pet food processing 
establishments, owners and operators of mink ranches, and 
suppliers of these establishments to conform to rules of the 
board applicable to rendering plants within the state. 
    Sec. 2.  Minnesota Statutes 1990, section 35.82, 
subdivision 2, is amended to read: 
    Subd. 2.  [DISPOSITION OF CARCASSES.] (a) Except as 
provided in subdivision 1b, every person owning or controlling 
any domestic animal that has died or been killed otherwise than 
by being slaughtered for human or animal consumption, shall as 
soon as reasonably possible bury the carcass at least three feet 
deep in the ground or thoroughly burn it or dispose of it by 
another method approved by the board as being effective for the 
protection of public health and the control of livestock 
diseases.  The board, through its executive secretary, may issue 
permits to owners of rendering plants located in Minnesota which 
are operated and conducted as required by law, to transport 
carcasses of domestic animals and fowl that have died, or have 
been killed otherwise than by being slaughtered for human or 
animal consumption, over the public highways to their plants for 
rendering purposes in accordance with the rules adopted by the 
board relative to transportation, rendering, and other 
provisions the board considers necessary to prevent the spread 
of disease.  The board may issue permits to owners of rendering 
plants located in an adjacent state with which a reciprocal 
agreement is in effect under subdivision 3. 
    (b) Carcasses collected by rendering plants under permit 
may be used for pet food or mink food if the owner or operator 
employs an official veterinarian.  If the veterinarian named in 
the application is accepted by the board to act as the official 
veterinarian, the veterinarian is the board's authorized 
representative meets the requirements of subdivision 1b. 
    (c) Carcasses may be used for pet food or mink food if the 
official veterinarian examines each carcass and determines that 
the carcass is suitable for pet food or mink food purposes.  
Carcasses not passed by the official veterinarian for pet food 
or mink food purposes must be disposed of by rendering. 
    (d) An authorized employee or agent of the board may enter 
private or public property and inspect the carcass of any 
domestic animal that has died or has been killed other than by 
being slaughtered for human or animal consumption.  Failure to 
dispose of the carcass of any domestic animal within the period 
specified by this subdivision is a public nuisance.  The board 
may petition the district court of the county in which a carcass 
is located for a writ requiring the abatement of the public 
nuisance.  A civil action commenced under this paragraph does 
not preclude a criminal prosecution under this section.  No 
person may sell, offer to sell, give away, or convey along a 
public road or on land the person does not own, the carcass of a 
domestic animal when the animal died or was killed other than by 
being slaughtered for human or animal consumption unless it is 
done with a special permit pursuant to this section.  The 
carcass or parts of a domestic animal that has died or has been 
killed other than by being slaughtered for human or animal 
consumption may be transported along a public road for a medical 
or scientific purpose if the carcass is enclosed in a leakproof 
container to prevent spillage or the dripping of liquid waste.  
The board may adopt rules relative to the transportation of the 
carcass of any domestic animal for a medical or scientific 
purpose.  A carcass on a public thoroughfare may be transported 
for burial or other disposition in accordance with this section. 
     No person who owns or controls diseased animals shall 
negligently or willfully permit them to escape from that control 
or to run at large. 
    Presented to the governor April 22, 1991 
    Signed by the governor April 23, 1991, 4:10 p.m.