269.020. Disposal of dead animals, manner--on-site burials permitted, when--removal of hide authorized--composting, incineration--state veterinarian may enter premises in emergency situations or when
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 animalthat has died from any cause shall dispose of the animal carcasswithin twenty-four hours after knowledge of such death, either byarranging for a person permitted under this chapter to dispose ofor transport it, or by the owner or person entitled to such bodycausing the same to be deposited in a permitted sanitary landfillnotwithstanding any other provision of the law or rule to thecontrary, allowing it to be buried in a sanitary landfill orburied, incinerated, composted, or disposed of in a mannerapproved by the state veterinarian within the twenty-four-hourperiod upon his own or any other available premises, providedthat such disposition is in accordance with the provisions ofsubsection 2 of this section.
2. On-site burial of dead animals shall be in accordancewith the following loading limitations, geographic restrictionsand other conditions as specified:
(1) For areas defined by the department of naturalresources, division of geology and land survey, as having majorgroundwater contamination potential, the maximum loading rateshall be limited to:
(a) One bovine, six swine, seven sheep, and beginning July1, 1995, seventy turkey carcasses or three hundred poultrycarcasses on any given acre per year; or
(b) All other species and immature cattle, swine, andsheep, and beginning July 1, 1995, turkeys or poultry shall belimited to one thousand pounds of animals on any given acre peryear;
(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, andbeginning July 1, 1995, four hundred turkey carcasses, or twothousand 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 limitedto seven thousand pounds of animals on any given acre per year;
(3) The maximum amount of land that shall be used foron-site burial of animals on any person's property during a givenyear shall be limited to ten percent of the total land owned bythat person or one acre, whichever is greater; and
(4) Burial sites shall not be located in low-lying areassubject to flooding; and
(5) The lowest elevation of the burial pits shall be sixfeet or less below the surface of the ground; and
(6) The dead animals shall be immediately covered with aminimum of six inches of soil and a final cover of a minimum ofthirty inches of soil; and
(7) Carcasses shall not be placed on the ground, in aditch, at the base of a hill, or in a cavern and covered withsoil; and
(8) The abdominal cavity of carcasses over one hundredfifty pounds shall be punctured to allow escape of putrefactivegasses; and
(9) The location of dead animal burial sites must be inaccordance with the following separation distances:
(a) At least three hundred feet from any wells, surfacewater intake structures, public water supply lakes, springs orsinkholes; and
(b) At least fifty feet from adjacent property line; and
(c) At least three hundred feet from any existingneighboring residence; and
(d) More than one hundred feet from any body of surfacewater 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 rightto remove the hide or skin thereof, at the site of the animal'sdeath, before disposing of such body as prescribed in thischapter, but such skinning must be done and the disposition ofsuch hide, or skin and body must be made in a manner that willavoid 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 deadanimal composter designed and constructed in an efficient designas recommended by the University of Missouri extension service.
6. Noncommercial incineration of dead animals shall be donein an incinerator designed, constructed and operated in anefficient manner as recommended by the University of Missouriextension service.
7. Commercial incineration of dead animals shall be done inan incinerator designed, constructed and operated in accordancewith the provisions of chapter 643, RSMo, and any rule orregulation promulgated thereunder.
8. Disposal of dead animals is allowable in a sanitarylandfill that has a current permit under the provisions ofchapter 260, RSMo, and any rule or regulation promulgatedthereunder.
9. In emergency situations involving a risk to the healthand welfare of any species of animal or man caused by the deathof an animal, the state veterinarian may enter any premises, takepossession of any dead animal, and dispose of such animal by anymethod authorized by this chapter, but only if the person whoowned, cared for, or most recently possessed the animal is unableor unwilling to properly dispose of the animal. The owner,custodian, or person who most recently possessed the animal shallreimburse the state veterinarian for the reasonable expense ofdisposing of the animal pursuant to this section.
10. If an animal's death causes a nuisance, the stateveterinarian may enter any premises, take possession of any deadanimal and dispose of such animal by any method authorized bythis chapter but only if the person who owned, cared for, or whomost recently possessed the animal has not been located withintwenty-four hours after a reasonable effort, the person is absentfrom the state and refuses to cooperate, or the person is unableto properly dispose of the animal due to that person's physicalor mental condition. The owner, custodian, or person who mostrecently possessed the animal shall reimburse the stateveterinarian for the reasonable expense of disposing of theanimal pursuant to this section.
11. In emergency situations involving a risk to the healthand welfare of any species of animal or man, or where the deathof an animal has caused a nuisance, the state veterinarian mayapply, in the county where the dead animal was found, for a courtorder requiring the person who owned, cared for, or most recentlypossessed the dead animal, to dispose of it.
12. The department of agriculture and the department ofnatural resources shall not have veto power on the decisions ofthe University of Missouri extension services or any decisionsmade under this section.
(L. 1941 p. 290 § 14493n, A.L. 1992 H.B. 878, A.L. 1993 H.B. 399)