ORS Chapter 601
Chapter 601 — DeadAnimals
2009 EDITION
DEADANIMALS
ANIMALS
601.010 Definitions
601.020 Applicabilityof dead animal provisions
601.030 Licenserequired to engage in animal disposal business
601.040 Applicationfor license and payment of fee; rules; disposition of funds collected
601.050 Investigationof place of business and applicant; issuance of license
601.060 Licenselimitations
601.070 Revocationor refusal to issue license
601.080 Licensefor conveyance transporting dead animals; fee
601.090 Requirementsas to conduct of business and construction of premises
601.100 Transportationand handling of dead animals; assembly plant license fee
601.110 Inspectionof place of business or conveyance
601.120 Departmentto administer and enforce disposal provisions; rules and regulations
601.130 Jurisdictionof courts; restraining violation
601.140 Carcassof domestic animal to be buried or destroyed
601.990 Penalties
601.010Definitions.As used in this chapter, the term “department” means the State Department ofAgriculture.
601.020Applicability of dead animal provisions. (1) Any person engaged in the businessof 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, carcassor parts of animals or for the purpose of disposing of such body, carcass orparts in any way whatsoever, is deemed to be engaged in the business ofdisposing of the bodies, carcasses or parts of animals, and is subject to all theprovisions 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 thedissection of animals for scientific research.
(b)Persons in cities and towns who gather up and dispose of the bodies of deadfowl, cats, dogs and other small animals, if they gather up and dispose of suchbodies of small animals in the regular course of their garbage business.
601.030License required to engage in animal disposal business. Before anyperson shall engage in the business of disposing of the bodies, carcasses orparts of animals by rendering, burning, burying or any other means, the personshall procure from the State Department of Agriculture a license. All such licensesshall expire on June 30 next succeeding their date of issuance or on such dateas may be specified by department rule. [Amended by 2007 c.768 §17]
601.040Application for license and payment of fee; rules; disposition of fundscollected.(1) Any person desiring to obtain a license to dispose of the bodies, carcassesor parts of animals shall file with the State Department of Agriculture anapplication for such license. The application shall be upon a form furnished bythe department and shall contain such information as the department may, byrule and regulation, prescribe.
(2)At the time of filing, the applicant shall pay to the department a license feeof $50. All such fees shall be remitted by the department to the StateTreasurer, who shall place all money so received in the Department ofAgriculture Service Fund for the purpose of carrying into full force and effectORS 601.010 to 601.130. [Amended by 1979 c.499 §15]
601.050Investigation of place of business and applicant; issuance of license. (1) Uponreceiving an application for a license, the State Department of Agricultureshall immediately cause one of its officers, employees or deputies to inspectthe place where the applicant desires to conduct the business, and ascertain:
(a)Whether the applicant is a responsible and suitable person to be entrusted witha license to conduct such business.
(b)Whether the place where the business is to be conducted is a suitable andsanitary place in which to dispose of the bodies, carcasses and parts ofanimals.
(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, thedepartment shall issue the applicant a license to conduct business. [Amended by2003 c.14 §359]
601.060License limitations.Any licenses issued under ORS 601.050 or 601.080 shall be nontransferable bythe licensee and shall apply to only one place of business or conveyance, asspecified in the license. Any licensee, operating more than one place ofbusiness or conveyance shall obtain a separate license for each such place orconveyance.
601.070Revocation or refusal to issue license. Upon determining that any personlicensed under ORS 601.050 or 601.080, or who has applied for a license underORS 601.040 or 601.080, has violated, or failed to comply with any of theprovisions of ORS 601.010 to 601.130 or any of the rules and regulations of theState Department of Agriculture made under such sections, or that such personhas failed to place and keep the premises, where the person conducts thelicensed business or the conveyance, in the manner required by such sections,the department may revoke the license of the person, or refuse to issue alicense to such person. [Amended by 1961 c.425 §10]
601.080License for conveyance transporting dead animals; fee. (1) Before anyperson, not holding a license for the disposal of bodies, carcasses or parts ofanimals, transports for hire the bodies, carcasses or parts of animals upon thehighways of the state, the person shall obtain a license for such truck orconveyance used, from the State Department of Agriculture.
(2)The license fee for each conveyance shall be $10 per year. The license shallexpire on June 30 next succeeding the date of its issuance or on such date asmay be specified by department rule. Application for the license shall be madeon forms furnished by the department with such information as the departmentmay require. [Amended by 2007 c.768 §18]
601.090Requirements as to conduct of business and construction of premises. Every personengaged in the business of disposing of the bodies, carcasses or parts ofanimals shall conduct such business and shall construct, arrange and keep thepremises on which such business is conducted in accordance with the followingrequirements:
(1)All buildings on such premises shall be constructed as to allow them to be keptin a sanitary condition and shall be provided with properly drained concrete orcement floors. Such buildings shall be fly-tight and so constructed as toexclude rats, other rodents and vermin.
(2)Such place shall be so situated, arranged and constructed as not to interferewith the comfortable enjoyment of life and property by any of the residents ofthis state.
(3)In case such dead bodies, carcasses or parts of animals are to be disposed ofby rendering, the cooking vats or tanks shall be airtight except for properescapes or vents for steam used in rendering or cooking. Such escaping steamshall be released through traps, or other means, in such manner as not to causeunnecessary annoyance or create a nuisance in its disposal.
(4)All storing, skinning and dismembering of dead bodies, carcasses or parts ofanimals shall be done within a building on the premises in such a manner thatno public annoyance or nuisance shall be caused by the unsightly appearance orstench of such bodies, carcasses or parts of animals.
(5)In no case shall the process of skinning, butchering or dismembering of animalsor parts of animals be commenced except at the place where the process ofrendering, 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 andarranged as not to essentially interfere with the comfortable enjoyment of lifeand property by residents of this state. All parts of such bodies, carcasses orparts of animals not entirely consumed by such burning shall be disposed of byburying, as provided by this section, or in any such manner as may be directedby 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 orpart of an animal shall be nearer than four feet to the natural surface of theground and every part of such body, carcass or part of an animal shall becovered with quicklime and by at least four feet of earth.
601.100Transportation and handling of dead animals; assembly plant license fee. (1) Except asprovided in subsection (3) of this section, all persons licensed under ORS601.050 or 601.080 shall transport bodies, carcasses or parts of animals totheir establishments in a covered wagon, truck bed or tank which is watertightand so constructed that no drippings or seepings can escape therefrom. Suchwagon, truck bed or tank shall be so constructed as to conform to the rules andregulations that may be established by the State Department of Agriculture. Thebodies, 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 purposeof securing economy of handling and transportation, establish a refrigeratedassembly plant where whole bodies of dead animals or their carcasses or partsmay be placed in storage pending the assembly of an economical quantity fortransportation to the central plant. Such assembly plant shall conform to suchregulations by the department as shall keep it in sanitary condition. Each suchassembly plant shall be subject to an annual license fee of $10.
(3)Whole bodies of dead animals, the condition of which has not become obnoxiousto human senses, and which cannot be placed in an ordinary wagon, truck bed ortank as described in subsection (1) of this section, may be transported in anopen wagon or truck. In such case the body shall be suitably covered andconcealed.
(4)In the case of transporting offal or parts of bodies from slaughterhouses orother places, the containers in which they are transported must have tightcovers and be kept in a sanitary condition.
601.110Inspection of place of business or conveyance. The StateDepartment of Agriculture shall cause one or more of its officers, employees ordeputies to inspect, as often as it may deem advisable, each place orconveyance licensed under ORS 601.050 or 601.080. However, each such place fordisposal shall be inspected at least once during each license year. For thepurpose of making such inspection, every authorized officer, employee anddeputy of the department shall have free access to all premises licensed undersuch sections.
601.120Department to administer and enforce disposal provisions; rules andregulations.The State Department of Agriculture shall administer and enforce ORS 601.010 to601.130 and may make and enforce all rules and regulations which the departmentdeems necessary to carry out the purposes of such sections. Such rules andregulations shall be published in pamphlet form as provided by ORS 561.190.
601.130Jurisdiction of courts; restraining violation. (1) Justicecourts and municipal courts acting as justice courts have concurrent jurisdictionwith 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 isvested with jurisdiction to restrain any violation, or threatened violation, ofORS 601.010 to 601.130 upon suit by the State Department of Agriculture. In anysuch suit, the district attorney of the county where such suit is institutedshall represent the department, or the Attorney General may represent thedepartment in such suit.
601.140Carcass of domestic animal to be buried or destroyed. No person shallknowingly leave the carcass of any domestic animal, which the person has ownedor had in charge, within one-half mile of any dwelling or within one-fourthmile of any running stream of water for longer than 15 hours without burying orburning it.
601.990Penalties.(1) Subject to ORS 153.022, violation of any provision of ORS 601.010 to601.130 or any rule or regulation of the State Department of Agriculture madeunder 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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