Code of Alabama

Ala. Code § 3-1-28 (2026)

Burning, Burial, Disposal of Bodies of Dead Animals; Violations.

✓ official Alabama Legislature (ALISON) text, current July 2026

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An owner or custodian of an animal that dies or is killed in his or her possession or custody, other than an animal slaughtered for food, within 24 hours shall burn, bury at least two feet below the surface of the ground, or otherwise dispose of the animal’s body in accordance with Alabama Department of Agriculture and Industries rules. No animal shall be burned, buried, or disposed of sufficiently near a residence as to create a nuisance. Any individual violating this section, whether by failure to burn, bury, or dispose of an animal, or by causing the animal to be burned in such proximity to a residence or in such other way as to become a nuisance, shall be guilty of a misdemeanor and, on conviction, shall be fined not more than fifty dollars ($50).

(Acts 1919, No. 461, p. 702; Code 1923, §3223; Code 1940, T. 3, §60; Act 2024-364, §1.)

Notes of Decisions

Cited in 4 cases (2 in the last 5 years), 2018–2022 · leading case: Planned Parenthood of Ind. & Ky., Inc. v. Comm'r of the Ind. State Dep't of Health, 917 F.3d 532 (7th Cir. 2018).

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Planned Parenthood of Ind. & Ky., Inc. v. Comm'r of the Ind. State Dep't of Health, 917 F.3d 532 (7th Cir. 2018). “, Ala. Code § 3-1-28 ; Ga. Code § 4-5-5 ; Iowa Code § 167.”

Deborah R. Tisdale v. State of Alabama (Ala. Crim. App. 2022). · cites it 9× “In this appeal, we consider Deborah Tisdale's arguments (1) that the circuit court should not have admitted during her trial a statement she made to law enforcement and (2) that the circuit court lacked authority to impose a jail sentence on her conviction for failure to bury a…”

Planned Parenthood of Indiana v. Comm'r of the Indiana St (7th Cir. 2018). “, Ala. Code §3-1-28 ; Ga. Code §4-5-5; Iowa Code §167.”

Jane Doe 1 v. Attorney Gen. of Indiana (7th Cir. 2022). “, Ala. Code §3-1-28 ; Ga. Code §4-5- 5; Iowa Code §167.”

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