Section 19348 Of Article 8. General Provisions From California Food And Agricultural Code >> Division 9. >> Part 3. >> Chapter 5. >> Article 8.
19348
. (a) Unless a waiver is granted by the State Veterinarian in
conjunction with implementation of Section 9562 or a declaration of a
state of emergency or local emergency, as defined in subdivisions
(b) and (c) of Section 8558 of the Government Code, pursuant to the
California Emergency Services Act (Chapter 7 (commencing with Section
8550) of Division 1 of Title 2 of the Government Code), no dead
animal hauler or any other person shall transport any dead animal to
any place, other than to a licensed rendering plant, a licensed
collection center, an animal disease diagnostic laboratory acceptable
to the department, the nearest crematory, or to a destination in
another state that has been approved for that purpose by the
appropriate authorities in that state.
(b) The secretary may issue a master or individual permit to a
licensed renderer, collection center, or dead animal hauler for the
purpose of authorizing transport of a dead animal to an appropriately
permitted landfill under either of the following circumstances:
(1) During a proclaimed state of emergency or local emergency, as
defined in subdivisions (b) and (c) of Section 8558 of the Government
Code.
(2) When the licensed hauler has certification from a licensed
renderer, that the licensed renderer cannot process the dead animal
due to operational conditions or legal or regulatory requirements or
constraints. The certification shall be in a form approved by the
department and, for purposes of this paragraph, "licensed hauler"
shall include licensed collection centers and renderers.
(c) Nothing in this section shall be interpreted to conflict with
any state or federal environmental or zoning law, or to prohibit an
owner of a live animal from burying the animal on the owner's
property after the animal dies if the burial is within three miles of
where the animal died.
(d) Subdivision (a) does not apply to the Department of
Transportation or to local agencies having jurisdiction over a road
or highway when engaged in removing animal carcasses from the road or
highway.