(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:
(1) Complete cremation of the entire carcass with all its parts and products;
(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;
(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;
(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;
(B) Covered with quicklime to a depth of not less than three inches; and
(C) So that the top of the carcass is not within two feet of the surface of the ground when the grave is filled and smoothed to the level of the surrounding surface;
(5) Rendering by a licensed facility;
(6) Composting; and
(7) Any other method the commissioner 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 is unlawful to sell the carcass, any part of it, or any hide or offal from it. If the owner of 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 collectible.
(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.
Structure West Virginia Code
Article 9. Diseases Among Domestic Animals
§19-9-2. Duties and Powers of Commissioner
§19-9-3. Consulting Veterinarians to Assist Commissioner
§19-9-4. Inspectors of Animals
§19-9-6. Report of Communicable Diseases by Veterinarians and Owners; Failure to Report
§19-9-7. Commissioner May Accept Federal Laws and Regulations
§19-9-7a. Animal Disease Traceability; Rulemaking; Exemption
§19-9-8. Powers of Federal Inspectors
§19-9-9. County Court May Cooperate in Control and Eradication of Communicable Diseases
§19-9-10. Commissioner May Prescribe Tests for Diseases
§19-9-11. Reports of Sales of and Tests With Diagnostic Materials
§19-9-12. Unlawful Sale of Diagnostic Materials
§19-9-12a. Sale, Distribution or Administration of Unattenuated Hog Cholera Virus
§19-9-13. Quarantine of Premises or Animals; General and Special Quarantine Defined
§19-9-14. Establishment of Special Quarantine
§19-9-15. Establishment of General Quarantine
§19-9-16. Unlawful to Remove, Deface or Destroy Quarantine Notice
§19-9-17. Care of Quarantined Animals; Expense
§19-9-18. Removal of Animals, etc., From Quarantined Area; Running at Large of Dogs in Such Area
§19-9-19. Domestic Animal Within Quarantined Area Running at Large
§19-9-20. Bringing Animals Into State; Health Certificate
§19-9-21. Animals Entering State Without Health Certificate
§19-9-22. Unlawful Possession of Animal Brought Into State
§19-9-23. Regulation of Imported Dairy or Breeding Animals
§19-9-24. Importation of Dairy or Breeding Animal Unaccompanied by Health Certificate and Test Chart
§19-9-25. Commissioner May Decline to Accept Health Certificate or Test Chart
§19-9-26. Animals Brought Into State for Slaughter or for Exhibition Purposes
§19-9-27. Unlawful Sale of Animals for Breeding or Dairy Purposes
§19-9-28. Indemnity for Euthanizing Infected or Exposed Animals; Agreement
§19-9-29. When Right of Indemnity Does Not Exist
§19-9-30. Appraisal of Infected or Exposed Animals; Amount; Arbitration; Fees of Arbitrators
§19-9-31. Certificate of Appraisal
§19-9-32. Euthanasia of Diseased Animals; Supervision; Certificate of Euthanasia
§19-9-33. Payment of Indemnity
§19-9-34. Disposal of Carcass of Diseased Animal
§19-9-34a. Authority of Commissioner to Promulgate Rules Regulating Disposal of Dead Animals
§19-9-35. Tests for Bovine Tuberculosis; Disposition of Infected Bovine Animals
§19-9-36. Rules for Determining Amount of Indemnity
§19-9-37. Payment of Indemnity for Animals Slaughtered as Tuberculous
§19-9-38. Transportation of Diseased Animals
§19-9-39. Selling or Giving Away Diseased Animal; Permitting It to Stray