Legal Regulations

Summary: Lawful disposal of dead animals

The regulation of the disposal of the bodies and body parts of animals (referred to in the legislation as “animal carcasses”) is complex, and is dealt with:

  • nationally in terms of the National Environmental Management: Waste Act 59 of 2008 (NEM:WA) read with the List of Waste Management Activities that may have or are likely to have a detrimental effect on the environment, and the National Norms and Standards for Disposal of Waste to Landfill published in terms of NEM:WA;
  • in Gauteng and the Western Cape by provincial legislation dealing with health care risk waste (namely the Gauteng Health Care Waste Management Regulations 2004 and the Western Cape Health Care Waste Management Act 7 of 2007); and
  • in municipal by-laws which may specifically regulate the generation, storage and collection of hazardous and health care risk waste, and the registration of transporters of heath care waste, as well as risks to public health and public nuisances.

In short:

  • any person who stores, transports or disposes of the body of a pet or other animal that has died or been euthanized, is defined in terms of NEM:WA as a “holder of waste” and has a duty to ensure that the body is disposed of in an environmentally sound manner that does not endanger the environment or cause a nuisance through noise, odour or visual impacts (even if the actual disposal is done by someone else);
  • the bodies of animals that are infectious or contain toxic chemicals (e.g. as a result of being euthanised) must be treated as hazardous waste and may only be disposed of at an authorised hazardous waste facility (and must comply with relevant hazardous waste storage, transport, record keeping and safety data sheet requirements prescribed in terms of NEM:WA and the regulations made under it). The bodies of non-infectious animals may however be disposed of at a Class B or equivalent (GLB+) landfill.
  • the Western Cape Health Care Waste Management Act 7 of 2007 imposes various waste management obligations (including transport, record keeping and health care risk management plans) which apply to health care waste generated by veterinary practices;
  • additional restrictions may also be imposed in terms of relevant by-laws. For example the City of Cape Town’s Environmental Health By-Law requires that all medical waste arising from veterinary procedures (including non-infectious animal corpses) must be disposed of at an authorised hazardous waste site or incineration facility.

This means that a person who wishes to dispose of the body of an animal must:

  • establish whether or not the body is infectious or contains hazardous chemicals (e.g. by asking a veterinarian);
  • ensure that any infectious or hazardous animal body is disposed of at a waste management facility which holds a waste management licence authorising it to dispose of hazardous waste, and that a safety data sheet is obtained for that disposal;
  • ensure that any non-infectious and/or hazardous animal body is:
    • disposed of at an authorised waste management facility or
    • buried or disposed of (e.g. by composting in a contained environment) in a manner that does not endanger the environment or cause a nuisance through noise, odour or visual impacts (provided that such disposal does not trigger the requirement for a waste management licence);
  • check whether any municipal bylaws impose additional restrictions on the disposal of animal bodies, and if so comply with the bylaws; and
  • veterinarians must also comply with the requirements of any relevant provincial legislation relating to the management of health care waste.

If the person who owned the animal or the veterinarian uses a contractor to transport and dispose of a body, the owner or veterinarian must take reasonable measures to ensure that that person will do so legally. This can be done by requiring the contractor to provide proof that it is a registered with the municipality as a waste service provider and to provide a certificate of safe disposal showing how, when and where the body was disposed of.

MEMORANDUM

Regulatory requirements for lawful disposal of animal carcasses to landfill

Please download the complete PDF document here.

General Guidelines & Information

Extract: Information & Guidelines on the Lawful Disposal of Animal Remains

Please also reference the legal regulations summary above.

TRANSPORT OF INFECTIOUS/HAZARDOUS WASTE

It is also important to note that infectious or hazardous material cannot be stored or transported together with non-infectious or non-hazardous material. This contaminates the entire load and therefore requires it to be treated as hazardous or infectious material, consequently the regulations that pertain to how infectious or hazardous waste may be disposed of applies.

ACCOUNTABILITY

If the person who owned the animal or the veterinarian uses a contractor to transport and dispose of a body, the owner or veterinarian must take reasonable measures to ensure that that person will do so legally. This can be done by requiring the contractor to provide proof that it is aregistered with the municipality as a waste service provider and to provide a certificate of safe disposal showing how, when and where the body was disposed of.

DUTY TO THE PLANET

It is the duty of every animal owner, veterinarian, service provider and municipality to be aware of the legislation and remain informed. The proper disposal of animal remains is vital to protecting human & animal health and safety. It is also our duty to protect our planet.

Guidelines: Pet Owners / General Public

As Pet Owners, this is what you can do:

  • The burial of animal remains in urban and sub-urban areas is not allowed.
  • If offered this option at a veterinary clinic or animal hospital please turn it down.
  • Alternative solutions do exist, other than disposal on landfill for e.g. cremation or closed composting systems.
  • You have moral and legal obligation to ensure that your pet is laid to rest in a manner that does not harm the environment.
  • You have a right to choose the method with which you best agree would be respectful to your pet and would not harm the environment.
  • You have the right to question what happens to your pet's remains.

Guidelines: Veterinary Professionals

The following are general guidelines that veterinary professionals can implement as well the legislation and duties that directly apply to veterinarians. Please refer to the law summary if anything is unclear.

  • Establish if the animal remains are infectious and hazardous. Infectious does not only include zoonotic disease, but any disease that is transmissible between animals as well.
  • Ensure that any non-infectious and/or hazardous animal body is: disposed of at an authorized waste management facility or disposed of (e.g. by cremation or closed composting in a contained environment) in a manner that does not endanger the environment or cause a nuisance through noise, odour or visual impacts (provided that such disposal does not trigger the requirement for a waste management licence).
  • Check whether any municipal bylaws impose additional restrictions on the disposal of animal bodies, and if so comply with the bylaws.
  • Veterinarians must also comply with the requirements of any relevant provincial legislation relating to the management of healthcare waste.
  • Store infectious and hazardous animal carcasses separately - this eliminates the risk that non-infectious / non-hazardous remains become contaminated thereby re-classifying them as infectious / hazardous.

Cause of Death Certificate

  • It is up to the veterinary professional to provide a certificate pertaining to the cause of death of each animal.
  • The certificate should state: the cause of death and whether is it classified as non-infectious or infectious. Infectious reasons are not only zoonotic disease but also diseases that are highly transmissible between animals for e.g. distemper, parvovirus, etc.
  • It should however be noted on the form if the cause of death was due to zoonosis.
  • The certificate should also state if the animal was euthanized and the volume of euthanasia used.
  • These certificates should accompany all animal remains to wherever they are being disposed of. Service providers and landfills may ask for these certificates and may provide their own forms.
  • Veterinarians must stamp and sign this certificate.

Guidelines: Service Providers

Pick-up & Transport of Animal Carcasses

  • Infectious / non-infectious and hazardous / non-hazardous animal carcasses cannot be transported in the same vehicle. This eliminates the risk of any contamination thereby re-classifying the whole load as infectious / hazardous.
  • Service providers transporting non-infectious carcasses for disposal on Class B landfills or hazardous carcasses to hazardous waste management sites should make sure they have the cause of death certificate stamped and signed by a registered veterinarian for each of carcasses being disposed of and that these certificates state that each carcass is non-infectious.

LEGISLATION

  • Be aware of any additional restrictions that may also be imposed in terms of relevant by-laws on service providers. For example the City of Cape Town’s Environmental Health By-Law requires that all medical waste arising from veterinary procedures (including non-infectious animal corpses) must be disposed of at an authorised hazardous waste site or incineration facility.

Guidelines: Municipality / Landfill

RECEIVING ANIMAL CARCASSES AT LANDFILL

It is also important to note that infectious or hazardous material cannot be stored or transported together with non-infectious or non-hazardous material. Only non-infectious animal carcasses maybe disposed of at Class B landfills. Therefore a cause of death certificate should be provided for each carcass, stamped and signed by a veterinarian stating the carcass is not infectious.

CAUSE OF DEATH CERTIFICATE

What should be included:

  • Cause of Death and whether it is non-infectious / infectious. This includes diseases transmissible between animals.
  • If the cause of death is due to a zoonotic disease,this should be stated.
  • If the animal was euthanized and how much euthanasia was administered.
  • Stamp, date and signature of registered veterinarian.

LEGISLATION

It is important to know what the applicable legislation and regulations are surrounding the disposal of animal carcasses on landfill so that infectious and hazardous carcasses can be disposed of in the proper manner. Additional restrictions may also be imposed in terms of relevant by-laws. For example the City of Cape Town’s Environmental Health By-Law requires that all medical waste arising from veterinary procedures (including non-infectious animal corpses) must be disposed of at an authorised hazardous waste site or incineration facility.

Reference:

The full memorandum of the lawful disposal of animal carcasses can be found here, also on this page.

Information & Guidelines on the Lawful Disposal of Animal Remains

Please download the complete PDF document here.