AB376: Bill Text

AB376,3,18 95.10 (3) "Public or commercial garbage" as used in this section means putrescible animal or vegetable wastes containing animal parts, resulting from the handling, preparation, processing, cooking or consumption of food and which is collected from any source, and includes dead animals as defined in s. 95.72 97.435 (1) (c). The term does not apply to private household wastes not removed from the premises where produced.

AB376, s. 3 Section 3. 95.27 (7) of the statutes is amended to read:

AB376,3,22 95.27 (7) A person in control of any premises on which swine have died of pseudorabies shall promptly dispose of the carcasses as provided under s. 95.50 or have the carcasses removed by a renderer licensed under s. 95.72 97.435 (2).

AB376, s. 4 Section 4. 95.72 (title) and (1) (intro.) and (a) to (d) of the statutes are renumbered 97.435 (title) and (1) (intro.) and (a) to (d).

AB376, s. 5 Section 5. 95.72 (1) (e) of the statutes is renumbered 97.435 (1) (e) and amended to read:

AB376,4,8 97.435 (1) (e) "Rendering or processing plant" means a plant or facility for slaughtering animals or collecting dead animals and rendering or processing them to produce animal food, grease or other products or a plant or facility for collecting or receiving and melting or refining previously cooked materials containing dead animal fat or tallow or a combination of dead animal fat or tallow and vegetable oil to produce grease.

AB376, s. 6 Section 6. 95.72 (2) (title), (a) and (b) (title) and 1. to 4. of the statutes are renumbered 97.435 (2) (title), (a) and (b) (title) and 1. to 4.

AB376, s. 7 Section 7. 95.72 (2) (b) 5. of the statutes is repealed.

AB376, s. 8 Section 8. 95.72 (2) (b) 6. to 9. of the statutes are renumbered 97.435 (2) (b) 5. to 8.

AB376, s. 9 Section 9. 95.72 (2) (c) of the statutes is renumbered 97.435 (2) (c), and 97.435 (2) (c) 4., as renumbered, is amended to read:

AB376,4,16 97.435 (2) (c) 4. Each license expires on February 28 July 31.

AB376, s. 10 Section 10. 95.72 (2) (d) of the statutes is renumbered 97.435 (2) (d).

AB376, s. 11 Section 11. 95.72 (2) (e) of the statutes is renumbered 97.435 (2) (e) and amended to read:

AB376,5,3 97.435 (2) (e) Inspection; fee. An applicant for an initial license as a renderer, grease processor or animal food processor shall submit an inspection fee of $25 for each separate plant to be operated by the applicant. The department may grant a temporary permit pending final action on the application, but the department may not issue the a license unless, other than a conditional license, until it finds that the applicant's plant, premises, facilities and equipment are in compliance with the requirements of this section and rules promulgated under sub. (5). The department may not refund the inspection fee if the application is denied. Inspection fees are not required for the annual renewal of a license.

AB376, s. 12 Section 12. 95.72 (2) (f) of the statutes is renumbered 97.435 (2) (f).

AB376, s. 13 Section 13. 95.72 (3) of the statutes is repealed.

AB376, s. 14 Section 14. 95.72 (4) (title), (a) and (b) of the statutes are renumbered 97.435 (4) (title), (a) and (b).

AB376, s. 15 Section 15. 95.72 (4) (c) (title) of the statutes is renumbered 97.435 (4) (c) (title).

AB376, s. 16 Section 16. 95.72 (4) (c) 1. of the statutes is renumbered 97.435 (4) (c) 1. and amended to read:

AB376,5,14 97.435 (4) (c) 1. A person who operates a rendering or processing plant shall deposit all dead animals received for storage,rendering or processing within the plant or other enclosed structure immediately upon their arrival.

AB376, s. 17 Section 17. 95.72 (4) (c) 2. (intro.) and b. of the statutes are consolidated, renumbered 97.435 (4) (c) 2. and amended to read:

AB376,5,21 97.435 (4) (c) 2. A person who operates a rendering or processing plant shall dispose of an animal within 24 hours after its arrival during the days of Sunday to Friday, or within 48 hours after its arrival on a Saturday or a Sunday followed by a holiday, unless any of the following occurs: b. The the carcass is received in a frozen condition and is disposed of within a reasonable period of time.

AB376, s. 18 Section 18. 95.72 (4) (c) 2. a. and c. of the statutes are repealed.

AB376, s. 19 Section 19. 95.72 (4) (d) of the statutes is renumbered 97.435 (4) (d).

AB376, s. 20 Section 20. 95.72 (5) of the statutes is renumbered 97.435 (5).

AB376, s. 21 Section 21. 95.72 (6) (title), (a) and (b) of the statutes are renumbered 97.435 (6) (title), (a) and (b).

AB376, s. 22 Section 22. 95.72 (6) (c) of the statutes is repealed.

AB376, s. 23 Section 23. 95.72 (7) of the statutes is renumbered 97.435 (7) and amended to read:

AB376,6,16 97.435 (7) Transportation of dead animals. (a) License requirement. No person may transport dead animals on public highways in this state without a license issued under this section. A licensee may not transport dead animals under conditions not authorized by the license. This paragraph does not apply to persons exempt from obtaining a license under this section, a farmer transporting dead animals raised on his or her farm, the transportation of hides or fully rendered or processed dead animal products, the transportation of dead animals by government agencies or private agencies engaged in scientific research, persons transporting dead animals for destruction or burial, or livestock truckers transporting animals which have died in transit if the dead animals are transported directly to a licensed renderer, animal food processor or collector.

AB376,6,23 (b) Enclosure or covering of dead animals. No person may transport a dead animal on a public highway unless it is transported in a closed vehicle or container or unless it is completely covered with a tarpaulin or other suitable material. Vehicles or containers used for the transportation of dead animals shall be leakproof to prevent spilling or dripping of liquid waste. This paragraph does not apply to the transportation of animal hides or to a farmer transporting dead animals raised on his or her farm.

AB376,7,6 (c) Permit. No licensee or fur farmer may operate any vehicle for the transportation of dead animals unless the person is issued a vehicle permit by the department. The department may not issue a permit until the vehicle is inspected and approved by an agent of the department. There is no charge for this permit. An applicant for a vehicle permit shall submit a completed application form prescribed by the department which states the applicant's name and address, vehicle identification and other information required by the department. The permit holder shall keep the permit with the vehicle for which it was issued.

AB376,7,11 (d) Interstate transport. Except as provided in reciprocal agreements between this state and contiguous states, no dead animals or parts of dead animals which are raw or unrendered, except green or salted hides, may be transported into this state unless the requirements of this subsection and rules promulgated under sub. (5) relating to the transportation of dead animals are complied with.

AB376, s. 24 Section 24. 95.72 (8) to (10) of the statutes are renumbered 97.435 (8) to (10).

AB376, s. 25 Section 25. 95.72 (11) of the statutes is repealed.

AB376, s. 26 Section 26. 97.43 (1) of the statutes is amended to read:

AB376,7,17 97.43 (1) No meat from any diseased animal, or any dead animal as defined under s. 95.72 97.435 (1) (c), may be sold or used for human consumption, or dismembered or stored at premises where other food is sold or prepared for sale.

AB376, s. 27 Section 27. 97.44 (2) of the statutes is amended to read:

AB376,7,24 97.44 (2) Animal feed manufacturers and operators of fur farms, exempt from s. 95.72 97.435, shall register their names and business locations with the department if they engage in slaughtering animals or in buying dead animals or parts of the carcasses of such animals. The department, by rule, may require that they keep records of their purchase and disposition of such animals and carcass parts.

AB376, s. 28 Section 28. 254.58 of the statutes is amended to read:

AB376,8,16 254.58 Powers of villages, cities and towns. Section 95.72 97.435 may not be construed as depriving any city or village from enacting any ordinance prohibiting the rendering of dead animals within the boundaries specified in s. 66.052, as nullifying any existing law or ordinance prohibiting the rendering of dead animals within the area or as prohibiting any city or village from licensing, revoking the license, and regulating the business of rendering and transporting dead animals under sanitary conditions no less stringent than provided under s. 95.72 97.435 and the rules of the department of agriculture, trade and consumer protection. Any licensing and regulation by a city or village is supplementary to the provisions of this section and the rules of the department and may not be construed as excusing or justifying any failure or neglect to comply with this section and the rules of the department. Section 95.72 97.435 shall be expressly construed as modifying the powers granted to towns and any city, village or town may take any action permitted under s. 254.59, may institute and maintain court proceedings to prevent, abate or remove any human health hazards under s. 254.59 and may institute and maintain any action under ss. 823.01, 823.02 and 823.07.

AB376,8,17 (End)