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SB370.html
02 SB370/AP
Senate Bill
370
By: Senators Ragan of the 11th, Streat of the
19th, James of the 35th and Butler of the
55th
AS
PASSED
AN ACT
To amend Chapter 5 of Title 4 of the Official Code of
Georgia Annotated, known as the "Dead Animal Disposal Act," so as to change the
definition of dead animals that are subject to such chapter; to prohibit certain
conduct; to change the provisions relating to the disposal of dead animals and
the requirement related thereto; to regulate the hauling or transportation of
dead animals; to provide for permits; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Chapter 5 of Title 4 of the Official Code of Georgia
Annotated, known as the "Dead Animal Disposal Act," is amended by striking Code
Section 4-5-2, relating to the definition of the term "dead animals," and
inserting in its place the
following:
"4-5-2.
As
used in this chapter, the term 'dead animals' means the carcasses, parts of
carcasses, fetuses, embryos, effluent, or blood of livestock, including, without
limitation, cattle, swine, sheep, goats, poultry, ratites, equine, and
alternative livestock; pet animals associated with pet dealers, kennels, animal
shelters, or bird dealers licensed by the Georgia Department of Agriculture;
animals processed by commercial facilities which process animals for human
consumption; and animals associated with wildlife
exhibitions."
SECTION 2.
Said chapter is further amended by striking Code Section
4-5-3, relating to abandonment of dead animals and requirements for disposal,
and inserting in its place the
following:
"4-5-3.
(a)
It shall be unlawful for any person who owns or is caring for an animal which
has died or has been killed to abandon the dead animal. Such person shall
dispose of the dead animal as provided for in this chapter or in rules and
regulations adopted pursuant to this chapter. Dead animals shall not be
abandoned in wells, open pits, or surface waters of any kind on private or
public land.
(b) No person shall dispose of a dead
animal on the land of another without the permission of the owner of the
land.
(c) Arrangements must be made with a city or
county official in order to dispose of a dead animal in a city or county
landfill."
SECTION 3.
Said chapter is further amended by striking Code Section
4-5-5, relating to methods of disposal of dead animals, and inserting in its
place the
following:
"4-5-5.
Methods
which can be used for disposal of dead animals are burning, incineration,
burial, rendering, or any method using appropriate disposal technology which has
been approved by the Commissioner of Agriculture. Disposal of dead animals by
any of the approved methods must be completed within 24 hours after death or
discovery. Dead animals that are buried must be buried at least three feet below
the ground level, have not less than three feet of earth over the carcass, and
must not contaminate ground water or surface
water."
SECTION 4.
Said chapter is further amended by striking Code Section
4-5-7, relating to disposal of carcasses and waste material by livestock sales
markets and livestock slaughter establishments, and inserting in its place the
following:
"4-5-7.
(a)
Public livestock sales markets, livestock slaughter establishments, poultry
dealers, poultry sales establishments, pet dealers, kennels, bird dealers,
animal shelters, and stables licensed by the Georgia Department of Agriculture
shall have a written, approved method and place for the disposal of all dead
animals and all accessory waste material involved in the handling of dead
animals which die on or within the premises of such
establishments.
(b) The Commissioner of Agriculture
shall approve the methods and places for disposal of such dead animals and may
establish procedures, methods, and permits for disposal of dead
animals."
SECTION 5.
Said chapter is further amended by striking Code Section
4-5-9, relating to the prohibition of transportation of dead animals, effluent,
or parts thereof, and inserting in its place the
following:
"4-5-9.
The
Commissioner of Agriculture may prohibit or restrict, at his or her discretion,
and issue permits for the hauling or transportation of dead animals or types of
dead animals and order the destruction thereof in accordance with this
chapter."
SECTION 6.
Said chapter is further amended by striking Code Section
4-5-10, relating to promulgation of rules and regulations, and inserting in its
place the
following:
"4-5-10.
The
Commissioner of Agriculture is authorized to promulgate rules and regulations to
implement and accomplish the purposes of this
chapter."
SECTION 7.
All laws and parts of laws in conflict with this Act are
repealed.