CHAPTER 11. DISPOSAL OF DEAD ANIMALS
IC 15-17-11
Chapter 11. Disposal of Dead Animals
IC 15-17-11-1
Application of chapter
Sec. 1. This chapter does not apply to or affect the following:
(1) Any person:
(A) slaughtering, butchering, manufacturing, or selling inany manner any animal flesh or products, or any poultryflesh or poultry products, where the animals or poultry arekilled for the sole purpose of being used for humanconsumption;
(B) engaged in transporting and disposing of the bodies ofthe animals killed for human consumption; or
(C) engaged in the transportation and disposing of poultry orof any parts or products of animals or poultry to any personsolely for human consumption.
(2) Any person transporting, disposing of, or selling the hidesor skins of animals or tanning the hides or skins for the person'sown use or the use of other persons, if the person does notengage in any other byproducts operation.
(3) Any bodies of dead fish, reptiles, or small animals of anykind, including dogs, cats, and small game.
(4) Any governmental agency collecting, transporting, ordisposing of the bodies of dead animals or poultry in anymanner.
(5) Any person collecting, transporting, or disposing of deadanimals or poultry in any manner for educational or researchpurposes under a permit and approval of the board.
(6) Any livestock owner transporting the owner's dead livestockto a rendering plant or to a diagnostic facility.
As added by P.L.2-2008, SEC.8.
IC 15-17-11-2
Disposal plant license; vehicle certificates; required
Sec. 2. A person may not do the following:
(1) Engage in the business of operating a disposal plant withoutfirst obtaining a license for each disposal plant operated and anyvehicle certificates required by this chapter.
(2) Transport over the roads the body of a dead animal notslaughtered for human food unless the person:
(A) holds a license to operate a disposal plant or collectionservice in Indiana or is acting for a licensee; or
(B) is exempt under this article.
As added by P.L.2-2008, SEC.8.
IC 15-17-11-3
License application
Sec. 3. To obtain a license required under this chapter, a personmust file an application for the license with the state veterinarian.
The application must include the following information:
(1) The name and address of the applicant.
(2) The location of the place of business.
(3) The number and location of all substations.
(4) The number and kind of vehicles to be used.
(5) Any other information required under this article or by rulesadopted by the board.
The application must be accompanied by the license fees requiredunder this chapter.
As added by P.L.2-2008, SEC.8.
IC 15-17-11-4
License; inspection; compliance
Sec. 4. (a) On receipt of an application for a license under thischapter, the state veterinarian or a designee of the state veterinarianshall:
(1) inspect the disposal plant and the locality where theapplicant is conducting or proposes to conduct business; and
(2) determine whether the applicant has fulfilled and compliedwith this chapter and the rules relating to the business.
(b) An inspection under this section must be conducted not laterthan thirty (30) days after the application is received by the stateveterinarian.
As added by P.L.2-2008, SEC.8.
IC 15-17-11-5
License duration
Sec. 5. (a) A license issued under this chapter is valid until:
(1) a licensee voluntarily surrenders a license;
(2) the board suspends or revokes the license, as provided inthis chapter; or
(3) the license period expires, as determined by the board underIC 15-17-16-3.
(b) The board may adopt rules to implement this chapter,including the following:
(1) Procedures for issuing, suspending, revoking, and updatinglicenses and certificates.
(2) Requiring annual or other regular reports from licensees to:
(A) determine the vehicle certificates required;
(B) determine the current status of facilities and equipmentlicensed under this chapter; or
(C) update other information used to administer this chapter.
As added by P.L.2-2008, SEC.8.
IC 15-17-11-6
Issuance of disposal plant and transport vehicle license
Sec. 6. (a) If an applicant for a disposal plant license complieswith this chapter and any rules adopted under this chapter, the stateveterinarian shall issue a disposal plant license to the applicant anda transport vehicle license certificate for each transport vehicle listed
in the license application.
(b) A truck or trailer that is to be used as a transport vehicle mustbear a license certificate issued by the state veterinarian.
(c) A transport vehicle license issued under this section entitlesthe licensee to operate a transport vehicle in Indiana.
As added by P.L.2-2008, SEC.8.
IC 15-17-11-7
Fees
Sec. 7. Subject to section 8 of this chapter, the fees for licensesissued under this chapter are as follows:
(1) The base license fee for each disposal plant, includingtransport vehicle certificates, is one hundred fifty dollars($150).
(2) The license fee for each substation is twenty dollars ($20).
(3) The collection service license fee, including transportvehicle certificates, is one hundred fifty dollars ($150).
As added by P.L.2-2008, SEC.8.
IC 15-17-11-8
Prorated fees
Sec. 8. The full amount of the fees specified in section 7 of thischapter must be paid for licenses and transport vehicle certificatesissued before one-half (1/2) of the license period has expired.However, one-half (1/2) of the fee must be paid for licenses andcertificates issued after at least one-half (1/2) of the license periodhas expired.
As added by P.L.2-2008, SEC.8.
IC 15-17-11-9
Fees; nonrefundable
Sec. 9. If an applicant under this chapter is refused a license, theapplicant's fees may not be refunded but must be deposited into thestate general fund.
As added by P.L.2-2008, SEC.8.
IC 15-17-11-10
Inspections
Sec. 10. (a) If the state veterinarian determines that an applicantfor a disposal plant license has not complied with this chapter andthe rules adopted under this chapter, the state veterinarian shallpromptly mail the applicant the state veterinarian's written specificfindings. The applicant may request in writing delivered to the stateveterinarian a reinspection or reconsideration of the stateveterinarian's findings. The state veterinarian shall not later than ten(10) days after the applicant's request make a similar secondinspection, but is not required to make more than two (2) inspectionsof the same plant under one (1) application and the original paymentof fees. However, the state veterinarian may make more than two (2)inspections if circumstances warrant additional inspections. (b) If an application for a disposal plant license is denied, theapplicant may reapply for a license by following the appropriateprocedures and paying the required fees.
As added by P.L.2-2008, SEC.8.
IC 15-17-11-11
New disposal plants: plans
Sec. 11. (a) A person desiring to construct a new disposal plant orreconstruct and reopen a disposal plant previously closed mustsubmit to the state veterinarian a written request for a permit thatincludes the following information:
(1) A general statement of the applicant's proposed plan.
(2) The method of operating the business and disposal plant.
(3) Proof the disposal plant is located or will continue to belocated at a site allowed by this chapter.
(4) Any other information required by the state veterinarian.
(b) In addition to the information required under subsection (a),the state veterinarian may require the applicant to submit detailedplans and specifications for the proposed disposal plant. The stateveterinarian may submit the plans, specifications, and otherinformation to any:
(1) qualified architects and engineers employed in anydepartment of the state government; or
(2) qualified person not employed by the state;
to obtain advice concerning the proposed plant's compliance with thischapter and any rules adopted under this chapter.
As added by P.L.2-2008, SEC.8.
IC 15-17-11-12
New disposal plants: inspections
Sec. 12. (a) If the state veterinarian finds that an applicant undersection 11 of this chapter has complied with all of the relevantrequirements of this article and any rules adopted under this article,the state veterinarian shall issue a permit to construct or reconstructthe disposal plant.
(b) After the disposal plant is completed and before it beginsoperations, the applicant shall notify the state veterinarian. Afterreceiving notification, the state veterinarian shall:
(1) make the inspections that are required for an existing,established plant;
(2) use the procedures established for inspections and issuanceof licenses;
(3) require the applicant to pay the license fees and anyadditional required fees;
(4) issue or deny the disposal plant's license; and
(5) comply with and require the applicant to comply with thischapter.
For each subsequent year, the annual license and other fees must bethe same as for similar existing licensed plants.
As added by P.L.2-2008, SEC.8.
IC 15-17-11-13
New disposal plants: location
Sec. 13. A:
(1) new disposal plant may not be located or constructed; and
(2) discontinued plant may not be reconstructed or reopened;
at any place where the location and operation of that plant isprohibited by law or ordinance.
As added by P.L.2-2008, SEC.8.
IC 15-17-11-14
Destruction of disposal plant; reconstruction; location
Sec. 14. (a) This section does not apply to a disposal plantdestroyed during a war.
(b) If:
(1) at least two-thirds (2/3) of the operating part of the disposalplant is destroyed; and
(2) the disposal plant is located on a site where constructing anew disposal plant under section 13 of this chapter would beprohibited;
the disposal plant may not be reconstructed and the site may not beused again for a disposal plant.
As added by P.L.2-2008, SEC.8.
IC 15-17-11-15
License requirement to transport dead animals
Sec. 15. Except as provided in this chapter, a person may not haulor transport over the highways the bodies of any dead animals,except those that have been slaughtered and are intended for humanfood, unless:
(1) the person has a valid disposal plant or collection servicelicense issued under this chapter; and
(2) the bodies are being transported to a licensed disposal plant.
As added by P.L.2-2008, SEC.8.
IC 15-17-11-16
Restrictions on licensing to transport dead animals
Sec. 16. (a) A license may not be issued to a person for the solepurpose of transporting the bodies of dead animals unless the personmeets the requirements for a collection service under this chapter.
(b) A public official with a legal duty to protect the public healthand welfare may remove or supervise the removal of the dead bodiesof animals and the disposal of the dead bodies by any methodprovided for by this chapter.
As added by P.L.2-2008, SEC.8.
IC 15-17-11-17
Transportation vehicles: specifications
Sec. 17. A transport vehicle must be constructed:
(1) in a manner that is practically watertight so that drippings orseepage from dead bodies does not escape from the vehicles if
the drippings or seepage can be prevented;
(2) with an endgate designed to prevent drippings and seepagefrom escaping from the vehicle while transporting dead bodies;and
(3) in a manner that completely conceals the dead bodies in thetransport vehicle from view of persons using the highways andany public nuisance is prevented during transport.
As added by P.L.2-2008, SEC.8.
IC 15-17-11-18
Transportation vehicles: cleaning
Sec. 18. After the bodies of dead animals have been unloadedfrom a transport vehicle, the transport vehicle and all parts of thetransport vehicle must be thoroughly:
(1) washed out with steam or hot water; and
(2) cleansed and disinfected in a manner and with a solution asthe state veterinarian may prescribe by rule.
As added by P.L.2-2008, SEC.8.
IC 15-17-11-19
Transportation vehicles: general requirements
Sec. 19. (a) If a transport vehicle is loaded with the body of ananimal that has died of a disease, the vehicle must be driven directlyto the place of disposal or to a substation maintained for thetemporary storage of the animal body. However, the vehicle may stopalong the highway to load other dead animal bodies.
(b) A driver of a transport vehicle may not do the following:
(1) Drive a transport vehicle upon the premises of any personunless the driver obtains the permission of the other person.
(2) Create a nuisance during the transportation of dead animalbodies.
(c) If any drippings or seepage escapes from a transport vehicle,the driver shall clean up the drippings or seepage and correct theescape, if possible to do so.
As added by P.L.2-2008, SEC.8.
IC 15-17-11-20
Disposal of dead animals required
Sec. 20. (a) A person who owns or cares for an animal that hasdied from any cause shall dispose of the animal's body not later thantwenty-four (24) hours after knowledge of death so as not to producea nuisance. Subject to subsection (b), the disposal of the animal'sbody must be by one (1) of the following methods:
(1) At an approved disposal plant.
(2) Burial upon the owner's premises to such a depth that everypart of the animal's body is at least four (4) feet below thenatural surface of the ground and every part of the animal'sbody is covered with at least four (4) feet of earth in addition toany other material that may be used as cover.
(3) Thorough and complete incineration according to standards
established by an appropriate governmental agency.
(4) Composting according to standards approved by the board.
(b) The board may adopt rules to allow alternate methods for thesafe, orderly, and efficient disposal of dead animals.
(c) The board may adopt rules and issue orders restricting the useof the disposal methods described in subsection (a) to controldisease.
As added by P.L.2-2008, SEC.8.
IC 15-17-11-21
Removal of animal hide
Sec. 21. A person who owns or controls a dead animal that has notdied of a contagious disease may remove the hide or skin of theanimal on the person's own premises before burying the body asrequired under this chapter. However, the skinning and dispositionof the hide, skin, and body must be made in a manner that will avoidthe creation of a nuisance.
As added by P.L.2-2008, SEC.8.
IC 15-17-11-22
Ordinances
Sec. 22. A person may not bury the body of any animal within thecorporate limits of a city or town if the burial is prohibited by law orordinance.
As added by P.L.2-2008, SEC.8.
IC 15-17-11-23
Specifications for disposal plants
Sec. 23. (a) A disposal plant is not considered a suitable orsanitary place for disposing of the bodies of dead animals by anyprocess of cooking unless it conforms to the following minimumspecifications:
(1) The building must have four (4) walls complete and beprovided with concrete or cement floors and be thoroughlysanitary in construction and maintenance. Any sewage,drainage, or waste water of any kind that has an offensive orobnoxious character or odor, is detrimental to human, animal,agricultural, or aquatic life, or may constitute a public nuisancemust be discharged into a public sewer. If a public sewer is notavailable, the sewage, drainage, or waste water must bedisposed of according to the requirements of water pollutioncontrol laws (as defined in IC 13-11-2-261).
(2) All disposal plants where a rendering process is conductedmust be properly equipped, operated, and designed to:
(A) minimize the escape of vapors during processing; and
(B) expose the material being processed to conditions thatwill kill all pathogenic organisms.
The board may adopt rules specifying conditions that arendering process must meet in order to protect the publichealth. (3) If the owner or operator of a disposal plant wishes to sellany part or parts of any animal carcasses taken to the owner's oroperator's disposal plant for use in the manufacture of pet foodor for feeding mink and other animals, the disposal plant musthave a separate room where the animal bodies that areconsidered suitable for animal food are taken. The processingand boning of carcasses must be done promptly, and the bonedmeat shall be ground or cut into small pieces not more than four(4) inches in diameter. While the meat is being ground or cut,a sufficient quantity of dye, charcoal, malodorous fish oil, orother denaturant approved by the state veterinarian must beapplied to unequivocally preclude the meat's use in human food.Meat that is not immediately shipped must be refrigerated in acooler storage room that prevents decomposition. Meat, beforebeing shipped from a disposal plant, must be packed in acontainer approved by the state veterinarian. The container mustbe clearly marked or stamped with the legend "Unfit for HumanConsumption". Lettering used in the legend must be at least aslarge as any other lettering on the container, and not smallerthan one-half (1/2) inch in height or less than one-half (1/2)inch in width. The meat may be hauled to the plant of amanufacturer of pet food or to the place of feeding to animalsat places approved by the state veterinarian. If, after theskinning and dismemberment of an animal body it is determinedthat the body is not suitable for pet food or animal feeding, thebody must be taken to the processing area of the disposal plantand processed in the same manner as other animal bodies.
(4) The skinning and dismembering of bodies must be donewithin the disposal plant and in a manner that preventsunnecessary annoyance to other persons caused by theconditions or unsightly appearance of the bodies or any partsand contents of the bodies. All animal material transported to adisposal plant for disposal, except that disposed of undersubdivision (3), must be disposed of within twenty-four (24)hours after delivery to the disposal plant, by a method allowedunder this chapter, except where rendered impossible byaccident or other casualty preventing the operation of thedisposal plant, or where an epidemic or act of God has causedmore bodies to be accumulated than can be reasonably disposedof within twenty-four (24) hours by the continuous operation ofthe plant, in which case the plant shall be placed in operation assoon as possible and operated continuously until all bodies aredisposed of.
(b) A disposal plant may not be situated, constructed, maintained,or operated in a manner that creates or unnecessarily continues apublic nuisance.
As added by P.L.2-2008, SEC.8.
IC 15-17-11-24
Records Sec. 24. (a) A disposal plant must maintain the followingcomplete and accurate records concerning the disposal plant'snonedible meats:
(1) The amount denatured.
(2) The amount sold.
(3) To whom the meat was sold.
(4) The address of the consignee.
(5) How and by whom the meat was hauled.
(b) The records under subsection (a) must be open for inspectionduring the disposal plant's normal working hours to the stateveterinarian, the commissioner of the state department of health, orthe state veterinarian's or commissioner's agent.
As added by P.L.2-2008, SEC.8.
IC 15-17-11-25
Nonedible meat; sales permit
Sec. 25. (a) Nonedible meat may be sold when properlydecharacterized for shipment to a plant producing pet food or to aperson for use in feeding mink and other animals as allowed by thestate veterinarian.
(b) A disposal plant may not sell nonedible meats until after thefollowing conditions have been met:
(1) The disposal plant has applied to the state veterinarian fora permit to sell nonedible meats.
(2) The state veterinarian has:
(A) inspected the disposal plant;
(B) determined that the disposal plant is adequate to processand handle nonedible meats; and
(C) issued to the disposal plant a permit to sell nonediblemeat.
(c) An additional fee may not be charged for a permit issued underthis section.
As added by P.L.2-2008, SEC.8.
IC 15-17-11-26
Collection service license: requirements
Sec. 26. (a) A person that does not operate a disposal plantlicensed under this chapter may not operate a business to transport:
(1) dead animals;
(2) nonedible byproducts from the slaughtering of animals,including poultry; or
(3) restaurant grease;
for delivery to a disposal plant unless the person has a collectionservice license.
(b) A person desiring a collection service license must submit anapplication to the state veterinarian with payment of the license feerequired under this chapter.
As added by P.L.2-2008, SEC.8.
IC 15-17-11-27 Collection service license: application
Sec. 27. (a) The owner or operator of a disposal plant in a stateother than Indiana may apply to the state veterinarian for a collectionservice license as required by section 26 of this chapter.
(b) The collection service license application must include thefollowing:
(1) The name of the applicant.
(2) The location of any proposed substation in Indiana to beused as a concentration site for the temporary deposit or storageof rendering materials pending final delivery to a disposal plant.
(3) The location of the applicant's disposal plant outsideIndiana.
(4) The number and kind of vehicles that will be operated inIndiana.
(5) Other essential information required by rules adopted by theboard.
(6) The license fee required under this chapter.
As added by P.L.2-2008, SEC.8.
IC 15-17-11-28
Collection service license: application; approval
Sec. 28. The state veterinarian shall determine if an applicant fora collection service license meets the requirements for a collectionservice license within ninety (90) days after an application is filed.
As added by P.L.2-2008, SEC.8.
IC 15-17-11-29
Collection service license: denial
Sec. 29. (a) If an applicant's application to operate a collectionservice under section 26 of this chapter does not comply with thischapter, the state veterinarian shall notify the applicant that theapplicant's application does not comply with the requirements of thischapter and specifically indicate why the application does notcomply. An application that does not comply with this chapter mustbe placed on hold for not more than sixty (60) days during whichtime the applicant may provide additional information showing thedeficiencies have been corrected.
(b) After notification by the applicant that the deficiencies havebeen corrected, the state veterinarian shall promptly determine if theapplicant is entitled to a license.
(c) If the state veterinarian again determines the applicant is notentitled to a license, the state veterinarian may deny the request fora license. If an application is denied, an applicant may reapply bysubmitting the information and fees required under this chapter.
As added by P.L.2-2008, SEC.8.
IC 15-17-11-30
Collection service license: fees
Sec. 30. An application for a collection service license mustinclude the fees required under section 7 of this chapter for a
collections service license, including the appropriate fees for vehiclecertificates and substations.
As added by P.L.2-2008, SEC.8.
IC 15-17-11-31
Collection service license: transport vehicles
Sec. 31. A transport vehicle used by a collection service mustmeet the requirements for transport vehicles under this chapter.
As added by P.L.2-2008, SEC.8.
IC 15-17-11-32
Substation specifications
Sec. 32. A substation maintained by a licensee under this chaptermust meet the requirements under section 23(a) of this chapter.
As added by P.L.2-2008, SEC.8.
IC 15-17-11-33
Inspections
Sec. 33. (a) The state veterinarian or the state veterinarian'sauthorized agent:
(1) shall inspect each plant and substation licensed under thischapter at least once each year; and
(2) may inspect plants and substations as often as is necessaryto ensure compliance with this chapter.
(b) The state veterinarian shall enforce compliance with thischapter and the rules adopted under this chapter.
As added by P.L.2-2008, SEC.8.
IC 15-17-11-34
License; sanctions; hearing
Sec. 34. (a) The state veterinarian may suspend or revoke alicense issued under this chapter after receiving written certificationof specific charges from the state department of health that allege:
(1) a particular disposal plant;
(2) the operation of a particular disposal plant; or
(3) the operator of a byproducts collection service;
is a menace to the public health.
(b) If a hearing on the license suspension or revocation isrequested under this section, the hearing must be held not later thanthirty (30) days after the charges of the state department of health arefiled.
As added by P.L.2-2008, SEC.8.