H*4404 Session 108 (1989-1990)
H*4404(Rat #0414, Act #0375 of 1990) General Bill, By Hayes, J.G. Felder,
Kirsh and J.H. Nesbitt
A Bill to amend Article 13, Chapter 13, Title 47, Code of Laws of South
Carolina, 1976, relating to equine infectious anemia, so as to define
"quarantine" and "isolation", to authorize the State Veterinarian and the
Livestock-Poultry Health Service of Clemson University to develop and
institute programs to provide for the control of equine infectious anemia, to
delete provisions providing for the quarantine of horses which have been
exposed to equine infectious anemia, to provide for the disposition of reactor
equine, to delete provisions authorizing horses assembled and consigned to a
destination outside of the State to be moved on written permit from the State
Veterinarian without a test for equine infectious anemia, to delete provisions
relating to the responsibility for proving negative results to an approved
test for equine infectious by certain persons responsible for the assembly of
horses, and to change the reference that officials at race tracks, horse
shows, and rodeos "are requested to" instead of "should" take certain measures
to prevent the spread of equine infectious anemia.-amended title
01/18/90 House Introduced and read first time HJ-14
01/18/90 House Referred to Committee on Agriculture and Natural
Resources HJ-14
02/07/90 House Committee report: Favorable with amendment
Agriculture and Natural Resources HJ-6
02/15/90 House Amended HJ-42
02/15/90 House Read second time HJ-44
02/15/90 House Unanimous consent for third reading on next
legislative day HJ-45
02/16/90 House Read third time and sent to Senate HJ-2
02/20/90 Senate Introduced and read first time SJ-5
02/20/90 Senate Referred to Committee on Agriculture and Natural
Resources SJ-5
03/01/90 Senate Committee report: Favorable Agriculture and
Natural Resources SJ-16
03/06/90 Senate Read second time SJ-11
03/07/90 Senate Read third time and enrolled SJ-25
03/13/90 Ratified R 414
03/19/90 Signed By Governor
03/19/90 Effective date 03/19/90
03/19/90 Act No. 375
03/27/90 Copies available
(A375, R414, H4404)
AN ACT TO AMEND ARTICLE 13, CHAPTER 13, TITLE 47, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO EQUINE INFECTIOUS ANEMIA, SO AS TO
DEFINE "QUARANTINE" AND "ISOLATION", TO AUTHORIZE
THE STATE VETERINARIAN AND THE LIVESTOCK-POULTRY HEALTH SERVICE OF
CLEMSON UNIVERSITY TO DEVELOP AND INSTITUTE PROGRAMS TO PROVIDE FOR
THE CONTROL OF EQUINE INFECTIOUS ANEMIA, TO DELETE PROVISIONS
PROVIDING FOR THE QUARANTINE OF HORSES WHICH HAVE BEEN EXPOSED TO
EQUINE INFECTIOUS ANEMIA, TO PROVIDE FOR THE DISPOSITION OF REACTOR
EQUINE, TO DELETE PROVISIONS AUTHORIZING HORSES ASSEMBLED AND
CONSIGNED TO A DESTINATION OUTSIDE OF THE STATE TO BE MOVED ON WRITTEN
PERMIT FROM THE STATE VETERINARIAN WITHOUT A TEST FOR EQUINE
INFECTIOUS ANEMIA, TO DELETE PROVISIONS RELATING TO THE RESPONSIBILITY
FOR PROVING NEGATIVE RESULTS TO AN APPROVED TEST FOR EQUINE INFECTIOUS
ANEMIA BY CERTAIN PERSONS RESPONSIBLE FOR THE ASSEMBLY OF HORSES, AND
TO CHANGE THE REFERENCE THAT OFFICIALS AT RACE TRACKS, HORSE SHOWS,
AND RODEOS "ARE REQUESTED TO" INSTEAD OF "SHOULD"
TAKE CERTAIN MEASURES TO PREVENT THE SPREAD OF EQUINE INFECTIOUS
ANEMIA.
Be it enacted by the General Assembly of the State of South Carolina:
Equine infectious anemia
SECTION 1. Article 13, Chapter 13, Title 47 of the 1976 Code is
amended to read:
"Article 13
Equine Infectious Anemia
Section 47-13-1310. As used in this article:
(1)'Equine infectious anemia' means a widely spread,
virus-caused disease of the horse (commonly known as swamp fever)
which is infectious in nature and spreads by improper use of
hypodermic needles, other instruments, and insects. The disease may
be acute, subacute, chronic, or inapparent.
(2) 'Horse' means any member of the equine family
including horses, mules, asses, zebras, or other equidae.
(3) 'State veterinarian' means the state veterinarian as
defined by Section 47-13-20.
(4) 'Accredited veterinarian' means a licensed
veterinarian approved by the United States Department of Agriculture
and the state veterinarian.
(5) 'Reactor' means a horse over nine months of age that
reacts positively to an approved serological test performed by an
approved laboratory.
(6) 'Date of test' means date blood sample is collected
from the horse.
(7) 'Exposed horse' means a horse which the state
veterinarian or his authorized representative has reasonable grounds
to believe has been exposed to equine infectious anemia.
(8) 'Quarantine' means confinement of an exposed horse to
an area not less than two hundred yards from another unaffected horse,
with no horses being admitted or leaving the premises.
(9) 'Isolation' means confinement of a reactor horse to an
area not less than two hundred yards from another unaffected horse
until a blood sample submitted from the reactor horse provides a
negative Coggins test from a laboratory approved within the State or
death.
Section 47-13-1315. The state veterinarian and the
Livestock-Poultry Health Service of Clemson University are vested with
the authority to develop and institute programs to provide for the
control of equine infectious anemia in this State and to adopt and
provide for enforcement regulations necessary to carry out the program
and the provisions of this article. This authority includes, but is
not limited to, the power to make regulations requiring the testing of
a horse, pony, mule, and ass for equine infectious anemia before sale,
exhibition, or assembly at public stables or other public places, and
authority to require the owner, operator, or person in charge of
shows, sales, public stables, and other public places to require proof
of freedom from equine infectious anemia before an animal is permitted
to remain on the premises.
Section 47-13-1330. The official test for equine infectious
anemia is:
(1) the agar gel immunodiffusion (AGID) blood test or any
other test approved by the United States Department of Agriculture
accomplished by a laboratory approved by the United States Department
of Agriculture on blood samples collected by accredited veterinarians.
Only antigen produced by or standardized by the United States
Department of Agriculture may be used in official testing of animals
for equine infectious anemia by the AGID method;
(2) other tests as may be devised and approved by the
United States Department of Agriculture and the state veterinarian.
Section 47-13-1340. All positive tests for equine infectious
anemia must be reported to the state veterinarian including tests
conducted in approved laboratories within the State and tests from
veterinarians submitting blood samples for testing to laboratories
outside this State.
Section 47-13-1350. It is unlawful to enter the State with any
horse unless the horse has been tested for equine infectious anemia
and reacted negatively within six months before entry. The state
veterinarian, with the advice of the commanding officer of the State
Highway Patrol, shall promulgate regulations to provide for the
enforcement of this section.
Section 47-13-1360. (A) When a reactor horse is identified on a
premises, the state veterinarian shall quarantine all horses on that
premises. All exposed quarantined horses tested must be properly
identified by a mane or tail tag or other type of identification
authorized by the state veterinarian. The reactor may be isolated not
less than two hundred yards from other unaffected equines with the
knowledge of the testing accredited veterinarian and state
veterinarian and only may be moved with the permission of the state
veterinarian. A sign must be displayed prominently at the location of
the quarantined and isolated premises of the exposed and reactor
horses indicating that the premises are quarantined for exposed horses
or isolated for reactor horses at the expense of the horse owner.
(B) Before a quarantine for equine infectious anemia may be
lifted by the state veterinarian, all exposed animals must be tested
negative no sooner than forty-five days after the reactor has been
removed from the herd.
Section 47-13-1365. After a second confirmatory test of the
reactor equine, the animal must be either:
(1) euthanized;
(2) identified and sold to slaughter or research, or
(3) permanently isolated not less than two hundred yards
from other unaffected horses. If the owner of the reactor equine
chooses to have the animal 'permanently isolated not less than two
hundred yards from other unaffected horses', the reactor must be
permanently identified with a visible freeze brand (or other visible
brand at the discretion of the administering accredited veterinarian)
on the hip or neck of the reactor horse in a manner as specified by
regulation promulgated under this chapter.
Section 47-13-1370. (A) All horses must be accompanied by
written proof of an approved negative test for equine infectious
anemia when entering any public assembly of horses. These public
assemblies include, but are not limited to, shows, fairs, organized
trail rides, rodeos and other exhibitions, as well as organized sales.
Animals moving directly to a slaughter plant or assembly point for
slaughter which has been specifically approved by the state
veterinarian are not subject to the negative test requirement. The
owner, operator, or person in charge of these shows, fairs, organized
trail rides, rodeos and other exhibitions, organized sales, and other
public places where horses are assembled shall require that each
animal be accompanied by an official certificate showing that it has
been negative to an approved test for equine infectious anemia within
the last six months.
(B) Horses which are permanently maintained at a public stable
or other public facility must be tested for equine infectious anemia
each twelve months.
Section 47-13-1380. (A) Officials at race tracks, horse shows,
and rodeos are requested to:
(1) see that sanitary and other protective measures
prescribed by the state veterinarian are carried out;
(2) ensure that tattoo instruments and saliva collecting
equipment are adequately sterilized before being used on any horse;
(3) enforce rules preventing the use of hypodermic
syringes and needles on horses by other than accredited veterinarians;
(4) require provision for and operation of adequate
isolation facilities.
(B) Horse owners and practicing veterinarians are
requested to:
(1) report immediately any suspect horse to the state
veterinarian;
(2) use disposable hypodermic needles and syringes (one
needle--one horse);
(3) institute and carry out proper sanitary and preventive
measures, including control of biting insects.
(C) Organizations representing particular breeds of horses
should recommend to individual farms and owners that the test for
equine infectious anemia be administered to all animals and preventive
measures as set forth in this article be instituted.
Section 47-13-1390. It is unlawful for any person to have in his
possession a false certificate showing a negative Coggins test for any
horse. A person convicted of having a false or forged certificate as
set forth above must be punished by a fine of not less than two
hundred dollars nor more than one thousand dollars or imprisonment for
not less than thirty days nor more than ninety days, or both, at the
discretion of the court.
Section 47-13-1400. A person violating the provisions of this
article is guilty of a misdemeanor and, upon conviction, must be fined
in an amount not to exceed one thousand dollars or imprisoned not to
exceed six months."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 19th day of March, 1990.
|