CHAPTER 157

An Act to amend the Code of Virginia by adding in Chapter 22 of Title 8,
an artile numbered 1.1, consisting of sections numbered 3-588.1
through 8-583.8, providing for the construction of disposal pits and
the erection of incinerators for the disposal of dead poultry; defining
terms; requiring the use of such disposal pits and incinerators and
providing penalties for the failure to use such disposal pits and
incinerators.

[H 366]

Approved February 28, 1962

Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia be amended by adding in Chapter 22 of
Title 3 an article numbered 1.1, consisting of sections numbered 3-583.1
through 3-583.8, as follows:
Article 1.1

8 8-583.1. As used in this article unless the context requires a dif-
ferent meaning:

(a) “Poultry” means all chickens, ducks, turkeys, or other domestic
fowls being raised or kept on any premises in the State for profit.

(b) “Dead poultry” means poultry, exclusive of those intentionally
slaughtered, which die as a result of disease, injury, or of natural causes,
upon any premises in the State.

(c) “Person” means any person, firm, partnership, corporation, or
institution which engages in the raising or keeping of poultry for profit in
this State.

(d) “Raising or keeping of poultry for profit’? means the raising or
keeping of two thousand or more poultry at one time for the purpose
of sale of such poultry or the eggs produced therefrom.

(e) “Disposal pit” means an opening dug in the ground to a mini-
mum depth of six feet, containing a minimum capacity of one hundred
fifty cubic feet, covered with a minimum of twelve inches of dirt, and
provided with one or more openings for the introduction of poultry there-
in; said openings to be of a minimum size of eight inches square and
equipped with tight lids.
(f) “Incinerator” means a firebox constructed of masonry or metal
in which dead poultry is burned by the use of fuel. ;

(¢g) “Disposal”? means the complete destruction of dead poultry in an
incinerator and/or their proper disposition in a disposal pit.

h) “Premises” means the entire tract of land, including but not
limited to the buildings thereon, owned, leased or used by any person for
the raising or keeping of poultry for profit.

§ 3-583.2. It shall be unlawful for any person to engage in the rais-
ing or keeping of poultry for profit on any premises within the Common-
wealth of Virginia, or to enter into a contract involving the raising or
keeping of poultry for profit with any other person, unless the premises
upon which such poultry is to be raised or kept is provided with a dis-
posal pit or incinerator which conforms to any additional requirements
which may be established by the Board of Agriculture and Immigration.

§ 3-583.3. Every person engaged in the raising or keeping of poul-
try for profit shall dispose of any and all dead poultry in a disposal pit
or incinerator of the type as herein provided.

§ 8-583.4. It shall be unlawful for any person engaged in the raising
or keeping of poultry for profit to dispose of dead poultry on his premises
in any manner except in a disposal pit and/or incinerator.

§ 3-583.5. The State Veterinarian may grant such exemptions to the
provisions of this act as he deems necessary in the public interest, but
in no case shall such exemptions be granted for a period exceeding one
year beyond the effective date of this act.

§ 3-583.6. The Board of Agriculture and Immigration is authorized
to adopt rules and regulations concerning the specifications of disposal
pits and incinerators and all other matters within the purview and scope
of this article to carry out the provisions of the article.

§ 3-583.7. Any person violating any provisions of this article or
failing to comply with the provisions thereof or any rules and regulations
promulgated thereunder shall be guilty of a misdemeanor and punished as
provided by law.

§ 3-583.8. If any part, section, portion, or provision of this act, or
the application thereof to any person or circumstance, is held invalid by
a court of final resort, such holding shall not affect any part, section,
portion, provision, or application of this act which can be given effect
without the part, section, portion, provision, or application so held in-
valid; and to this end, the parts, sections, portions, provisions, and appli-
cations thereof are declared severable.