West Virginia Legislature
2016 Regular Session
House Bill 2959
(By Delegates Canterbury, A. Evans, Hamilton and Sponaugle)
[Introduced January 13, 2016; referred to the
Committee on Agriculture and Natural Resources then the Judiciary.]
A BILL to amend and reenact §19‑9‑34 of the Code of West Virginia, 1931, as amended, relating to allowing the use of rotary drum composters to destroy or dispose of the carcass of any animal to prevent the spread of disease.
Be it enacted by the Legislature of West Virginia:
That §19‑9‑34 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 9. DISEASES AMONG DOMESTIC ANIMALS.
§19‑9‑34. Disposal of carcass of diseased animal.
(a) Whenever it is necessary to destroy or dispose of the carcass of any animal to prevent the spread of disease, the destruction or disposal shall be made by one of the following methods designed to be protective of human health and the environment:
(a) (1) Complete cremation of the entire
carcass with all its parts and products; (b) (2) Boiling the carcass and all its
parts and products in water or heating the same with steam at the temperature
of boiling water, continuously during at least two hours; (c) (3) Disposing of the carcass and all its
parts and products in a solid waste landfill permitted and approved by the
Department of Environmental Protection; (d) (4) Burial of the carcass and all its
parts and products:
(A) In a place that will not be subjected to overflow from ponds or streams, and which is not less than one hundred feet from any watercourse, well, spring, public highway, house or stable;
If buried, the carcass shall be
(B) Covered with quicklime to a depth of not less than three inches; and
(C) So that the top of
carcass shall is not be within two feet of the surface of
the ground when the grave is filled and smoothed to the level of the
surrounding surface; (e) (5) Rendering by a licensed facility; (f) (6) Composting; and (g) such (7) Any other method as the
commissioner may prescribe prescribes.
(b) When an animal infected with a communicable
disease dies or is euthanized, the owner of the animal shall destroy or dispose
of the carcass in the manner provided in this section. It
shall be is
unlawful to sell any such the carcass, any part of it, or any
hide or offal from it. If the owner of such the animal does not
dispose of the carcass within twenty‑four hours as provided by law, the
commissioner or the commissioner's agent shall destroy or dispose of the
carcass according to law, at the cost of the owner. The expense of destruction
or disposal may be collected from the owner as debts of like amount are by law
(c) For purposes of this section and rules promulgated under this section:
"Composting" means a natural process in which beneficial microbes reduce organic waste (poultry mortality) into a biologically safe by‑product which is capable of being recycled in the agriculture industry.
"Composter" is a roofed structure with an impervious floor, and with treatment areas made of wood, designed for composting organic materials; or a rotary drum composter designed, constructed and located to prevent the contamination of ground and surface water.
NOTE: The purpose of this bill is to allow the use of rotary drum composters to destroy or dispose of the carcass of any animal to prevent the spread of disease.
Strike‑throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.