H*4040 Session 110 (1993-1994)
H*4040(Rat #0402, Act #0362) General Bill, By Riser, Alexander, Kelley, Rhoad,
Sharpe, J.J. Snow, Witherspoon and H.G. Worley
Similar(S 697)
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Chapter 4
to Title 47 so as to establish the State Livestock-Poultry Health Commission
by setting forth its membership, powers, duties, related definitions,
requirements for certificates of veterinary inspection, health permits,
quarantine, indemnification, law enforcement officers, criminal and civil
liability and penalties, disposition of fines and fees, and advisory
committees; to amend Section 47-6-10, relating to the reference for the
Pseudorabies Control and Eradication Act; to amend Section 47-6-50, relating
to importation of swine relating to regulation of stockyards and dealers in
livestock; to amend Section 47-13-10,relating to the duties of Clemson
University pertaining to diseases and infections; to amend Section 47-13-20,
relating to the powers of the State Veterinarian; to amend Section 47-17-20,
relating to definitions pertaining to the meat and meat food regulations and
inspection law; and to repeal Article 5, Chapter 9, Title 47, relating to
importation of livestock.(shortened title)
04/14/93 House Introduced and read first time HJ-39
04/14/93 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-43
02/09/94 House Committee report: Favorable with amendment
Agriculture, Natural Resources and Environmental
Affairs HJ-5
02/17/94 House Amended HJ-35
02/17/94 House Read second time HJ-35
02/17/94 House Unanimous consent for third reading on next
legislative day HJ-35
02/18/94 House Read third time and sent to Senate HJ-2
02/22/94 Senate Introduced and read first time SJ-6
02/22/94 Senate Referred to Committee on Agriculture and Natural
Resources SJ-6
03/09/94 Senate Committee report: Favorable Agriculture and
Natural Resources SJ-8
04/05/94 Senate Read second time SJ-15
04/05/94 Senate Ordered to third reading with notice of
amendments SJ-15
04/06/94 Senate Read third time and enrolled SJ-11
04/27/94 Ratified R 402
05/03/94 Signed By Governor
05/03/94 Effective date 05/03/94
05/23/94 Copies available
(A362, R402, H4040)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING CHAPTER 4 TO TITLE 47 SO AS TO
ESTABLISH THE STATE LIVESTOCK-POULTRY HEALTH
COMMISSION BY SETTING FORTH ITS MEMBERSHIP, POWERS,
DUTIES, RELATED DEFINITIONS, REQUIREMENTS FOR
CERTIFICATES OF VETERINARY INSPECTION, HEALTH PERMITS,
QUARANTINE, INDEMNIFICATION, LAW ENFORCEMENT
OFFICERS, CRIMINAL AND CIVIL LIABILITY AND PENALTIES,
DISPOSITION OF FINES AND FEES, AND ADVISORY
COMMITTEES; TO AMEND THE 1976 CODE BY ADDING SECTION
47-19-35 SO AS TO PROVIDE FOR PERMITS FOR
ESTABLISHMENTS WHERE POULTRY IS SLAUGHTERED AND
WHERE POULTRY FOOD PRODUCTS ARE PACKED; TO AMEND
SECTION 47-6-10, RELATING TO THE REFERENCE FOR THE
PSEUDORABIES CONTROL AND ERADICATION ACT, SO AS TO
PROVIDE FOR THE ACT TO BE ADMINISTERED BY THE
COMMISSION; TO AMEND SECTION 47-6-50, RELATING TO
IMPORTATION OF SWINE, SO AS TO CHANGE THE REFERENCE
TO HEALTH CERTIFICATE TO CERTIFICATE OF VETERINARY
INSPECTION, DELETE THE REFERENCE TO FEEDING OR
BREEDING AS IT APPLIES TO IMPORTED SWINE REQUIRED TO
BE ACCOMPANIED BY A CERTIFICATE, REVISE RELATED
REFERENCES, AND CHANGE THE REFERENCE TO STATE
VETERINARIAN TO THE COMMISSION; TO AMEND ARTICLE 1,
CHAPTER 11, TITLE 47, RELATING TO REGULATION OF
STOCKYARDS AND DEALERS IN LIVESTOCK, SO AS TO DELETE
SECTIONS 47-11-40 AND 47-11-50 PERTAINING TO PERMIT
INSPECTION, REVOCATION, AND DURATION AND ADD SECTION
47-11-85 PERTAINING TO IDENTIFICATION OF ANIMALS SOLD IN
A PUBLIC LIVESTOCK MARKET OR EQUINE SALES FACILITY,
PROVIDE FOR THE COMMISSION TO ADMINISTER THE ARTICLE,
DELETE UNNECESSARY DEFINITIONS, REVISE PERMIT
REQUIREMENTS, CHANGE THE REFERENCES TO STATE
VETERINARIAN TO COMMISSION, PROVIDE FOR EQUINE SALE
AND POULTRY FACILITIES WITHIN THE ARTICLE, REVISE BOND,
LIVESTOCK FACILITY, AND RECORD REQUIREMENTS, CHANGE
REFERENCES FROM CERTIFICATE OF HEALTH TO CERTIFICATE
OF VETERINARY INSPECTION, DELETE PROVISIONS FOR SWINE
INOCULATION AGAINST CHOLERA, PROVIDE FOR
ESTABLISHMENT OF SLAUGHTER ASSEMBLY POINTS, AND
REVISE PROVISIONS FOR INFECTED AND EXPOSED ANIMALS,
FOR ENFORCEMENT, AND FOR PENALTIES; TO AMEND SECTION
47-13-10, RELATING TO THE DUTIES OF CLEMSON UNIVERSITY
PERTAINING TO DISEASES AND INFECTIONS, SO AS TO DELETE
THE UNIVERSITY'S DUTIES AND PROVIDE FOR THE PROVISIONS
ON DISEASES AND INFECTIONS TO BE ADMINISTERED BY THE
STATE LIVESTOCK-POULTRY HEALTH COMMISSION; TO AMEND
SECTION 47-13-20, RELATING TO THE POWERS OF THE STATE
VETERINARIAN, SO AS TO CHANGE THE REFERENCE TO STATE
VETERINARIAN TO THE COMMISSION AND REVISE RELATED
DUTIES; TO AMEND SECTION 47-13-30, RELATING TO EXPENSES
OF THE STATE VETERINARIAN, SO AS TO DELETE EXPENSE
PROVISIONS AND PROVIDE PENALTIES FOR VIOLATIONS; TO
AMEND SECTION 47-13-110, RELATING TO DISEASED
BIOLOGICAL PRODUCTS, SO AS TO REVISE THE LIMITATIONS
ON THE POSSESSION, SALE, AND DISTRIBUTION OF THE
PRODUCTS; TO AMEND SECTION 47-13-130, RELATING TO
APPROPRIATION OF FUNDS TO ERADICATE DISEASES IN
ANIMALS AND BIRDS, SO AS TO CHANGE REFERENCES FROM
BIRDS TO POULTRY AND FROM CLEMSON UNIVERSITY AND
STATE VETERINARIAN TO THE COMMISSION AND DELETE
PROVISION FOR EMPLOYMENT BY THE UNIVERSITY; TO
AMEND SECTION 47-13-150, RELATING TO THE QUARANTINE
AGAINST IMPORTING CERTAIN PORK, SO AS TO REVISE THE
QUARANTINE REQUIREMENTS AND PROVIDE FOR THEM TO
APPLY TO THE IMPORTATION OF SLAUGHTERED MEAT OR
POULTRY; TO AMEND SECTION 47-13-310, RELATING TO
ORDERS TO DISINFECT, SO AS TO CHANGE THE REFERENCE TO
STATE VETERINARIAN TO COMMISSION AND REVISE THE
REQUIREMENTS FOR NOTICE TO PERSONS WITH INFESTED OR
INFECTED LIVESTOCK, REQUIREMENTS FOR ACTION BASED ON
THE NOTICE, AND PENALTIES; TO AMEND SECTION 47-13-340,
RELATING TO THE VENUE OF PROSECUTIONS FOR FAILURE TO
DISINFECT ANIMALS EXPOSED TO THE CATTLE TICK FEVER, SO
AS TO PROVIDE FOR THE VENUE REQUIREMENTS TO APPLY TO
ANIMALS, LIVESTOCK, OR POULTRY INFESTED OR INFECTED
WITH OR EXPOSED TO A CARRIER OF AN INFECTIOUS, A
CONTAGIOUS, OR A COMMUNICABLE DISEASE; TO AMEND
SECTION 47-13-390, RELATING TO THE METHOD OF APPRAISAL
OF ANIMALS TO BE KILLED, SO AS TO CHANGE THE REFERENCE
TO THE CHAIRMAN OF THE VETERINARY COMMITTEE OF THE
BOARD OF TRUSTEES OF CLEMSON UNIVERSITY TO THE
COMMISSION; TO AMEND SECTION 47-13-420, RELATING TO
EXPENSES OF ANIMAL APPRAISAL, SO AS TO CHANGE THE
REFERENCES TO STATE VETERINARIAN AND CLEMSON
UNIVERSITY TO THE COMMISSION AND REVISE AUTHORIZED
EXPENSES; TO AMEND SECTION 47-13-680, RELATING TO
VIOLATIONS PERTAINING TO ANIMALS WITH BRUCELLOSIS, SO
AS TO CHANGE THE REFERENCE TO THE BOARD OF TRUSTEES
OF CLEMSON UNIVERSITY TO THE COMMISSION AND REVISE
PENALTIES; TO AMEND SECTION 47-13-690, RELATING TO
INDEMNITY FOR INFECTED CATTLE, SO AS TO CHANGE THE
REFERENCE TO CLEMSON UNIVERSITY TO THE COMMISSION;
TO AMEND SECTION 47-13-880, RELATING TO VIOLATIONS
PERTAINING TO ANIMALS WITH TUBERCULOSIS AND
PARATUBERCULOSIS, SO AS TO CHANGE THE REFERENCE TO
THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY TO THE
COMMISSION AND REVISE PENALTIES; TO AMEND SECTION
47-13-1220, RELATING TO THE POWERS AND DUTIES OF
CLEMSON UNIVERSITY AND THE STATE VETERINARIAN, SO AS
TO CHANGE THE REFERENCES FROM THE LIVESTOCK-POULTRY
HEALTH DEPARTMENT OF CLEMSON UNIVERSITY AND STATE
VETERINARIAN TO THE COMMISSION AND DELETE THE
REFERENCE TO THE POULTRY TECHNICAL COMMITTEE; TO
AMEND SECTION 47-13-1230, RELATING TO POULTRY
PULLORUM AND TYPHOID REGULATIONS, SO AS TO PROVIDE
FOR THE STATE LIVESTOCK-POULTRY HEALTH COMMISSION
TO PROMULGATE THE REGULATIONS INSTEAD OF CLEMSON
UNIVERSITY AND REVISE THE MEMBERSHIP OF THE POULTRY
TECHNICAL COMMITTEE; TO AMEND SECTION 47-13-1240,
RELATING TO VIOLATIONS PERTAINING TO POULTRY
PULLORUM AND TYPHOID, SO AS TO REVISE PENALTIES; TO
AMEND SECTION 47-15-70, RELATING TO THE ADMINISTRATION
AND ENFORCEMENT OF THE CHAPTER PERTAINING TO
FEEDING GARBAGE TO SWINE, SO AS TO PROVIDE FOR
ADMINISTRATION AND ENFORCEMENT BY THE COMMISSION
INSTEAD OF CLEMSON UNIVERSITY, DELETE THE PROVISION
FOR REGULATIONS, AND INCLUDE THE CHAPTER PERTAINING
TO THE COMMISSION IN THE ADMINISTRATION AND
ENFORCEMENT; TO AMEND SECTION 47-15-80, RELATING TO
VIOLATIONS PERTAINING TO THE CHAPTER ON SWINE, SO AS
TO REVISE PENALTIES; TO AMEND SECTION 47-17-20, RELATING
TO DEFINITIONS PERTAINING TO THE MEAT AND MEAT FOOD
REGULATIONS AND INSPECTION LAW, SO AS TO REVISE THE
DEFINITION OF DIRECTOR AND PROVIDE FOR THE LAW TO BE
ADMINISTERED BY THE COMMISSION; TO AMEND SECTION
47-17-100, RELATING TO CERTAIN VIOLATIONS PERTAINING TO
MEAT AND MEAT FOOD REGULATIONS, SO AS TO REVISE
PENALTIES; TO AMEND SECTION 47-17-120, RELATING TO
LICENSES FOR ESTABLISHMENTS WHERE ANIMALS ARE
SLAUGHTERED OR MEAT IS PACKED, SO AS TO CHANGE THE
REFERENCE TO LICENSE TO PERMIT, INCLUDE EQUINE WITHIN
THE PERMITTING PROVISIONS, REVISE THE PERMIT FEE AND
OTHER REQUIREMENTS, AND DELETE THE AUTHORIZATION
FOR CERTAIN REGULATIONS; TO AMEND SECTION 47-19-10,
RELATING TO THE CITE TO THE SOUTH CAROLINA POULTRY
PRODUCTS INSPECTION ACT OF 1969, SO AS TO PROVIDE FOR
THE ACT TO BE ADMINISTERED BY THE COMMISSION; TO
AMEND SECTION 47-19-20, RELATING TO DEFINITIONS
PERTAINING TO THE 1969 ACT, SO AS TO DELETE THE
DEFINITION FOR THE BOARD OF TRUSTEES OF CLEMSON
UNIVERSITY, DEFINE COMMISSION, AND CHANGE THE
REFERENCE TO CLEMSON UNIVERSITY LIVESTOCK-POULTRY
HEALTH DEPARTMENT TO COMMISSION; TO AMEND SECTION
47-19-30, RELATING TO THE STATE AGENCY TO COOPERATE
WITH THE SECRETARY OF AGRICULTURE UNDER THE FEDERAL
POULTRY PRODUCTS INSPECTION ACT, SO AS TO CHANGE THE
REFERENCE TO CLEMSON UNIVERSITY AND ITS
LIVESTOCK-POULTRY HEALTH DEPARTMENT AND DIRECTOR
TO THE COMMISSION AND CLARIFY THE REFERENCE TO
DIRECTOR; TO REPEAL ARTICLE 5, CHAPTER 9, TITLE 47
RELATING TO IMPORTATION OF LIVESTOCK, SECTIONS 47-13-40
RELATING TO QUARANTINE BY THE STATE VETERINARIAN,
47-13-50 RELATING TO LIVESTOCK DISEASE REGULATIONS,
47-13-90 RELATING TO THE HOG CHOLERA VIRUS, 47-13-100
RELATING TO HOG CHOLERA REPORTS, 47-13-120 RELATING TO
OBSTRUCTION OF THE STATE VETERINARIAN IN DISCHARGING
HIS DUTIES, 47-13-140 RELATING TO EMBARGOES ON
IMPORTING LIVESTOCK OR POULTRY; 47-13-330 RELATING TO
PENALTIES FOR FAILURE TO DISINFECT ANIMALS EXPOSED TO
THE CATTLE FEVER TICK, AND 47-13-350 RELATING TO
TREATMENT OR DESTRUCTION OF DISEASED ANIMALS,
ARTICLE 9, CHAPTER 13, TITLE 47 RELATING TO HOG CHOLERA,
AND SECTION 47-17-110 RELATING TO NOTICE OF VIOLATIONS
PERTAINING TO MEAT AND MEAT FOOD REGULATIONS; AND
TO REQUIRE THE CODE COMMISSIONER TO CHANGE CERTAIN
REFERENCES; AND TO AMEND SECTION 47-6-60, AS AMENDED,
RELATING TO THE PENALTIES PERTAINING TO THE
"PSEUDORABIES CONTROL AND ERADICATION ACT",
SO AS TO REVISE THE PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
Livestock-Poultry Health Commission
SECTION 1. Title 47 of the 1976 Code is amended by adding:
"CHAPTER 4
State Livestock-Poultry Health Commission Section 47-4-10.
The State Livestock-Poultry Health Commission is established to
execute this chapter, Chapter 6, Article 1 of Chapter 11, Chapter 13, except
Sections 47-13-70 and 47-13-80, Chapter 15, and Article 1 of Chapter 17 of
Title 47 and other duties and responsibilities assigned by law. The
commission consists of no less than three members of the Agricultural,
Natural Resources and Environmental Affairs Committee, or its successor,
of the Clemson University Board of Trustees, as designated by the
board.
Section 47-4-20. As used in this chapter and all matters assigned to the
jurisdiction of the State Livestock-Poultry Health Commission:
(1) `Accredited veterinarian' means a licensed veterinarian approved by
the United States Department of Agriculture in accordance with 9CFR Part
160 and 161.
(2) `Commission' means the State Livestock-Poultry Health
Commission or an officer or employee of the commission to whom
authority to act in its stead is delegated.
(3) `Director' means the Director of the Division of Livestock-Poultry
Health Programs, Clemson University.
(4) `Division' means the Division of Livestock-Poultry Health and its
agents, employees, and officials.
(5) `Equine sales facility' means a premise where equine including, but
not limited to, horses, mules, donkeys, and asses, are assembled to be sold,
bartered, or exchanged. It includes a premise where a change of ownership
occurs or is part of the procedure.
(6) `Inspector' means an employee or official of the division authorized
by the director to carry out inspections or investigations required by
law.
(7) `Livestock' means all classes and breeds of animals, domesticated or
feral, raised for use, sale, or display.
(8) `Permit' means official authorization to engage in a specific
activity.
(9) `Person' means an individual, a trust, a firm, a joint stock company,
a corporation including a government corporation, a partnership, an
association, a municipality, a commission, or a political subdivision of this
or another state.
(10) `Poultry' means all avian species including wildfowl raised for use,
sale, or display and domestic fowl.
(11) `Public livestock market' means livestock auction markets, public
livestock assembly pens, stockyards, dealers in livestock, cooperative or
buying stations, fairs, expositions, livestock shows, or other public places
where livestock is assembled for purposes of sale, show, exchange,
breeding, or barter and where the assembled livestock has more than one
owner. The market may handle one or more families of livestock according
to the terms of the permit. It does not include equine sales facilities or
retail pet stores.
(12) `Quarantine' means limitations placed upon the free movement of
certain things which include, but are not limited to, animals, poultry, plants,
fodder, feed, equipment, products, by-products, machinery, goods, and
means of transportation considered reasonably necessary to prevent the
spread by whatever means of contagious, infectious, or communicable
diseases of animals or poultry.
(13) `Service' means the Veterinary Service, Animal and Plant Health
Inspection Service of the United States Department of Agriculture.
(14) `Slaughter assembly point' means a facility where livestock is
assembled solely for holding or delivery for immediate slaughter.
(15) `State Veterinarian' means the Director of Livestock-Poultry
Health Division, Clemson University, and his agents, assistants, and
livestock inspectors.
Section 47-4-30. (A) The commission, in accordance with the
Administrative Procedures Act, may promulgate and enforce reasonable
regulations necessary to ensure the continued health and safety of the
livestock and poultry industries in the State and to carry out the
responsibilities assigned by law to the commission. The commission may
regulate or prohibit the shipment within, or the importation into, this State
of livestock, poultry, or associated products of any nature or character from
a state, territory, or foreign country when, in the opinion of the
commission, the regulation or prohibition is necessary to prevent the
introduction or distribution of diseased, infirm, or unhealthy livestock or
poultry, or both.
(B) The commission may carry out operations including quarantines,
destruction of livestock or poultry, or other measures to locate, suppress,
control, or eradicate or to retard the spread of diseases of livestock or
poultry, or both, independently or in cooperation with counties or their
political subdivisions, municipalities, farmers, associations or similar
organizations, individuals, federal agencies, or agencies of other states, by
regulation, compliance agreement, judicial action, or other appropriate
means.
Section 47-4-40. The commission shall delegate the duties provided in
this chapter and other applicable sections and chapters of this title to the
director who may administer and enforce the provisions and promulgate
related regulations.
Section 47-4-50. The commission may promulgate regulations listing
those communicable, contagious, or infectious diseases which, if not
properly controlled, may have a serious adverse impact upon the
livestock-poultry industry of the State. Persons shall report the suspected
existence of these diseases and the diseases listed by Section 71, Code of
Federal Regulations, to the State Veterinarian within forty-eight hours after
discovery.
Section 47-4-60. (A) Livestock or poultry entering this State must be
accompanied by a certificate of veterinary inspection, unless otherwise
indicated in this section.
(B) The certificate of veterinary inspection must include:
(1) complete names, addresses, and telephone numbers of the
consignee and consignor;
(2) complete description including age, sex, breed, and premise of
origin;
(3) permanent identification including, but not limited to, tag tatoo,
brand, leg band, registration name, or number;
(4) statement that the livestock or poultry has been examined and is
free from the symptoms of an infectious, contagious, or communicable
disease or exposure to it;
(5) results of specific tests or requirements indicated in law or
regulation;
(6) signature of the certifying accredited veterinarian;
(7) approval by the livestock-poultry health authority of the state of
origin.
(C) A certificate is valid for thirty days after the date of the inspection.
A copy of the approved certificate, before departure of the consignment,
must be forwarded to the commission.
(D) The commission may prescribe additional tests and requirements
necessary to ensure the continued health and well-being of the
livestock-poultry industry of the State.
(E) Livestock and poultry entering the State without a prior certificate
or not otherwise authorized must be held in quarantine at the nearest
suitable location while necessary tests or inspections, or both, are
conducted. Alternatively, livestock and poultry loaded aboard their
transporting vehicle may be allowed to return to its point of origin, with
notification to the appropriate state veterinarian. Persons providing goods,
services, premises, or tests for the quarantined livestock or poultry have a
first lien upon the livestock or poultry for the reasonable value of the
goods, services, premises, or tests.
(F) The commission may promulgate regulations for the issuance of
health permits.
(G) Certificates are not required for animals consigned directly to
slaughter establishments under appropriate provisions of federal law if an
accredited veterinary inspector makes ante- and post-mortem examinations
in accordance with the regulations of the service.
Section 47-4-70. (A) When in the judgment of the commission a serious
threat, or the potential for it, to the health of the state livestock-poultry
industry exists, it may impose an immediate quarantine upon the affected
livestock or poultry, or both, or other means whereby the disease may be
transmitted or take other appropriate measures. The owner, or his agent, of
the livestock or poultry or alternatively the owner or operator of the facility
where the livestock or poultry is located or the transport operator must be
notified of the exact geographic limit of the quarantine, the means or
facilities involved, the anticipated length of the quarantine, and tests or
remedial measures known and required. The quarantine is effective as of
the date and time of actual notice to the parties provided in this subsection
and must be confirmed in writing. The quarantine may be released in
writing only by the commission.
(B) A person who moves or causes to be moved quarantined livestock
or poultry from its quarantine location without prior written approval of the
commission is guilty of a misdemeanor and, upon conviction, must be
punished in accordance with Section 47-4-130.
(C) An authorized representative of the commission may cause
suspected diseased livestock or poultry to be segregated from healthy
livestock or poultry and withheld from sale pending a final decision by an
accredited veterinarian. Segregated animals must not be removed from the
premise until the decision is made or other arrangements are made
satisfactory to the commission.
(D) The authority to quarantine extends to livestock and poultry
contaminated by radioactivity or another cause or source which presents
significant health hazard to humans or other livestock and poultry.
(E) A person providing goods, services, tests, or premises for use by
quarantined livestock or poultry has a lien upon the livestock or poultry for
the reasonable value of the goods, services, tests, or use of premises.
(F) Livestock or poultry quarantined for lack of proper health
certification and not claimed by the consignor, consignee, or owner within
ten days after notification of clearance is deemed to be abandoned and must
be disposed of by sale at the next sale at the nearest market in accordance
with standard market procedures. After satisfaction of all charges, liens,
fees, or other costs, the balance of the proceeds must be held in escrow
pending written agreement between the consignor, consignee, or owner or
court order.
Section 47-4-80. (A) Livestock or poultry condemned and destroyed by
order of the commission to preclude or prevent spread of disease, exotic or
otherwise, are presumed to have been a public nuisance. However, this
section does not apply to animals required or allowed to be sent to
slaughter.
(B) The owner of destroyed livestock or poultry, in an action against
this State in an appropriate court for the county in which the livestock or
poultry was destroyed, may recover just compensation for the value of the
livestock or poultry destroyed if he establishes that the livestock or poultry
destroyed was not infected with an infectious, communicable, or contagious
disease and that destruction was not the only reasonable course of
action.
(C) Other indemnification must be paid in accordance with Article 3,
Chapter 13 of this title if federal or state funds, or both, specifically
appropriated for indemnification payments for a specific disease or
condition are available. If in the judgment of the commission sufficient
funds are not available, it shall effect pro rata indemnification.
Section 47-4-90. A municipal, county, or state law enforcement officer
or highway patrolman may stop and ascertain whether a conveyance
transporting livestock or poultry by whatever means of transportation
within the State has the proper certificate of veterinary inspection, permit,
receipt, or other documents required by this title.
Section 47-4-100. (A) A person transporting livestock or poultry, or
both, in violation of this title is guilty of a misdemeanor and, upon
conviction, must be punished in accordance with Section 47-4-130.
(B) A person transporting livestock or poultry, or both, in violation of
this title is liable in a civil action to a person injured for the full amount of
damages that may result for a violation of this chapter. The action may be
brought in the county in which the animals are sold, offered for sale, or
delivered to a purchaser or where they may be detained in transit for
violation of this chapter.
Section 47-4-110. (A) The members of the commission and their
assistants, deputies, and agents have police power in executing this chapter
and other sections and chapters assigned by law.
(B) In addition to the other inspectors employed by the commission, it
may employ a maximum of four livestock law enforcement officers who
must be commissioned by the Governor upon the recommendation of the
commission. The commission may remove an officer if it finds he is unfit
for that position. The officer shall possess and exercise all of the powers
and authority held by constables at common law, and while acting in their
official capacity, they have statewide authority for the enforcement of all
laws entrusted to the commission.
(C) Before entering upon the duties of his office, each officer shall take
and subscribe before an officer authorized to administer an oath to perform
faithfully the duties of his office and to execute properly the laws of this
State.
(D) Each officer shall execute a bond with a licensed surety company in
the amount of not less than ten thousand dollars. The bond must be filed
with the commission and must be conditioned for the faithful performance
of his duties, for the prompt and proper accounting of funds which may
come into his hands, and for the payment of a judgment rendered against
him in a court of competent jurisdiction upon a cause of action arising out
of breech or abuse of official duty or power and damages sustained by a
member of the public from an unlawful act of the officer. Coverage under
the bond does not include damage to persons or property arising out of the
negligent operation of a motor vehicle. The bond may be individual,
schedule, or blanket and must be approved by the Attorney General. The
premiums on the bond must be paid by the commission from appropriated
funds.
Section 47-4-120. A person who seeks to prevent an inspection under
the direction of the commission or the director or his deputies, assistants, or
agents or who otherwise interferes with the director or his assistants,
deputies, or agents while in the performance of their duties under this
chapter and other chapters or sections of this title assigned to the
jurisdiction of the commission is guilty of a misdemeanor and, upon
conviction, must be punished in accordance with Section 47-4-130.
Section 47-4-130. (A) A person violating this chapter or another
chapter or section of Title 47 assigned to the jurisdiction of the commission
or related regulations is guilty of a misdemeanor and, upon conviction,
must be fined not more than two hundred dollars or imprisoned not more
than thirty days for a first offense and in the discretion of the court for a
second offense.
(B) The director, after opportunity for a hearing, may deny, suspend,
modify, or revoke a permit for a violation of state or federal law or
regulation or duly published requirements of the commission. In addition
to denial, suspension, revocation, or modification of a permit or other
penalties set forth in this chapter, the permittee who violates the provisions
in subsection (A) may be assessed a civil penalty by the director of not
more than one thousand dollars for each violation. Each day a violation
continues constitutes a separate violation. The director may suspend a
permit against which a civil penalty has been imposed if the permittee has
not satisfied the penalty within thirty days after the permittee receives
notification of the final decision of the director to impose the penalty. The
permittee is entitled to a hearing on the suspension, but the suspension
remains in effect pending the hearing and the decision of the director.
Matters considered by the hearing officer are limited to whether a duly
issued final order of the director existed, whether the permittee had notice
of the final order, and whether the assessed penalty was paid within thirty
days of the notice. The filing of a judicial appeal does not act as an
automatic stay of enforcement of the civil penalty or of the suspension.
(C) The commission may enforce its ordinances and regulations in a
court of competent jurisdiction by civil as well as criminal proceedings. If
it is necessary to issue a writ of injunction, no court in this State has the
right previous to a trial upon the merits to set aside the writ on bond. The
commission may utilize its own counsel or call upon the Attorney General
or the appropriate solicitor, or all of the foregoing. The commission and its
agents in the discharge of the duties and in the enforcement of the powers
delegated in this chapter may administer oaths and hear witnesses, and to
that end the sheriffs of the State shall serve all summons and other papers
upon the request of the commission.
Section 47-4-140. (A) Fines resulted from prosecutions under this
chapter and other chapters or sections of this title assigned to the
commission must be paid to the State Treasurer and deposited to the credit
of the State Treasury.
(B) The commission may establish a fee schedule for the various
services provided by the commission. These fees must be retained by the
commission and utilized in carrying out the mandates of this chapter and
other requirements imposed by law.
Section 47-4-150. The commission by regulation may establish
advisory committees which fairly reflect the particular portion of the
industry being regulated as well as other concerned groups or agencies.
The members of these committees serve at the pleasure of the commission.
In nominating the members of the advisory committees the director shall
consult with officials of representative trade associations, the Administrator
of the South Carolina Department of Consumer Affairs, the Commissioner
of Agriculture, and the Commissioner of the South Carolina Department of
Health and Environmental Control. The committee members serve at no
cost to the State."
Permits for slaughtering and packaging poultry
SECTION 2. The 1976 Code is amended by adding:
"Section 47-19-35. (A) A person operating an establishment in
which poultry is slaughtered or in which poultry, poultry by-products, or
poultry food products, of or derived from fowl, are wholly or in part
canned, cured, smoked, salted, packed, rendered, or otherwise prepared
which are offered as food for humans shall secure a permit from the State
Livestock-Poultry Health Commission. This section is not applicable to
persons exempted from inspection under Section 47-19-140.
(B) The permit fee is fifty dollars annually or for part of a year. The
permit year is July first to June thirtieth. These fees must be retained by the
commission. The commission by regulation may increase the fee not to
exceed two hundred dollars.
(C) Applications for permits must be in writing to the commission on
forms it prescribes.
(D) The commission, for cause, may refuse to grant a permit, may
suspend, revoke, or modify the permit, or may assess a civil penalty in
accordance with Section 47-4-130. Veterinary inspection must not be
conducted in an establishment whose permit has been denied, suspended, or
revoked. The commission immediately shall notify the South Carolina
Department of Health and Environmental Control of permit
actions."
Administration by the commission
SECTION 3. Section 47-6-10 of the 1976 Code, as added by Act 563 of
1988, is amended to read:
"Section 47-6-10. This chapter may be referred to as the
`Pseudorabies Control and Eradication Act' and must be administered by
the State Livestock-Poultry Health Commission in accordance with this
chapter and Chapter 4 of this title."
Certificate of veterinary inspection reference changed to
commission
SECTION 4. Section 47-6-50 of the 1976 Code, as added by Act 563 of
1988, is amended to read:
"Section 47-6-50. (A) All swine imported into this State must be
accompanied by a certificate of veterinary inspection. All swine must be
identified to the herd of origin with an ear tag or other acceptable method
of permanent identification approved by the commission. Purebred swine,
if not ear-tagged, must be identified by registry name and number and a
description sufficient to identify the animal.
(B) The following is the procedure for importing swine for other than
feeding purposes. The swine:
(1) have been tested and found negative for pseudorabies within thirty
days before movement; or
(2) originated from a Qualified Pseudorabies Negative Herd as
defined in Title 9, Part 85 of the Code of Federal Regulations.
(C) The following is the procedure for importing swine for feeding
purposes. The swine:
(1) have been tested and found negative for pseudorabies within thirty
days before movement;
(2) originated from a Qualified Pseudorabies Negative Herd as
defined in Title 9, Part 85 of the Code of Federal Regulations; or
(3) originated from a monitored feeder pig herd. For purposes of this
section, in order to qualify as a monitored feeder pig herd, testing must
have been performed in accordance with the following standards:
(a) In herds of ten or less breeding swine, the swine must test
negative within twelve months before movement.
(b) In herds of eleven to thirty-five breeding swine, ten
randomly-selected breeding animals including gilts, sows, and boars must
test negative within twelve months before movement.
(c) In herds of more than thirty-five breeding swine, either thirty or
thirty percent of the total herd, whichever is less, randomly-selected
breeding gilts, sows, and boars must test negative within twelve months
before movement.
(d) Swine entering the State through the monitored feeder pig herd
procedure remain under quarantine on the farm of destination as designated
by the certificate of veterinary inspection until they are moved directly to
slaughter or moved with written permission of the State Veterinarian or an
assistant."
Regulation of stockyards, equine sales facilities, and dealers in
livestock
SECTION 5. Article 1, Chapter 11, Title 47 of the 1976 Code is amended
to read:
"Article 1
Regulation of Stockyards, Equine Sales
Facilities, and Dealers in Livestock
Section 47-11-10. The State Livestock-Poultry Health Commission
shall administer this article in accordance with Chapter 4 of this title.
Section 47-11-20. (A) A person operating a public livestock market or
an equine sales facility, as defined in Section 47-4-20, shall obtain from the
commission a permit authorizing the operation. Issued permits are
effective until the next March first, unless sooner revoked or canceled.
(B) The permit fee is five dollars annually or for a part of a year. The
permit year is March first to the last day of February. The commission by
regulation may increase the fee to not more than one hundred dollars.
(C) The commission may retain the fees.
(D) A person operating a public livestock market or an equine sales
facility without a current permit is guilty of a misdemeanor and, upon
conviction, must be punished in accordance with Section 47-4-130.
Section 47-11-30. (A) Application for a permit must be made on forms
furnished by the commission and must show the:
(1) full name and address of all persons having a financial interest in
the market. This requirement is not necessary for publicly-owned joint
stock corporations;
(2) name, address, and telephone number of the officer, manager, or
other person in charge;
(3) name under which the market will operate;
(4) operating days and hours;
(5) location and type facilities for holding and segregating animals.
(B) Changes in operating days or hours require the prior written
approval of the commission. The commission must be advised in writing
within ten days of all other changes in the required information. However,
a change of ownership or management must be reported to the commission
in writing within thirty days after occurrence.
Section 47-11-60. The operator of a public livestock market or an
equine sale facility shall file with his application for a permit a two
thousand dollar surety bond acceptable to the commission to secure the
performance of all obligations incident to the operation of the livestock
market under this title. The commission may waive the requirements of
this section. No bond is required of a livestock market association
organized under a law which requires the association to be bonded or a
market operating under the Federal Packers and Stockyards Act.
Section 47-11-70. The commission shall promulgate regulations to
provide requirements necessary for facilities for holding livestock, such as
proper and adequate pens for holding and segregating, proper protection
from the weather, adequate water supply, access to medical treatment,
sanitation, disinfection, and cleanliness and other equipment or procedures
necessary and appropriate. The commission shall conduct periodic
inspections of the various livestock markets in this State and may take
remedial action or require remedial action appropriate under the law. The
commission may invoke civil or criminal penalties, or both, provided in
Section 47-4-130 for violations.
Section 47-11-80. (A) The public livestock market or equine sales
facility shall keep records required by this chapter and the regulations
promulgated pursuant to it including, but not limited to, from whom the
animals were received, to whom sold, necessary tests and results, and
certificates of veterinary inspection or permits when required. The records
must be retained by the market operator for two years and are subject to
inspection by the commission or Commissioner of Agriculture upon
reasonable notice.
(B) No person may sell at a public livestock market or an equine sales
facility without first identifying himself by a driver's license or other
photographic identification, a truck or trailer license plate number, or other
means of identification acceptable to the market or facility operator. The
records of the market or facility operator must reflect this identification.
(C) No person engaged in the hauling of livestock from farm to market
is required to have a license from the Public Service Commission.
Section 47-11-85. Animals sold in a public livestock market or equine
sales facility must bear identification including, but not limited to, ear tags,
ear notches accompanied by purebred papers, back tags, mane and tail tags,
tattoos, brands, or other permanent means authorized by state or federal
regulations.
Section 47-11-90. Blood samples to test for brucellosis must be drawn
from all cattle for dairy and breeding purposes before they are removed
from a public livestock auction market, unless the cattle are accompanied
by an officially approved certificate of veterinary inspection, showing they
have passed a negative test in an approved laboratory within thirty days of
the date of sale or they are from an officially recognized brucellosis
accredited herd.
Section 47-11-100. All animals except those for immediate slaughter
must be tested for tuberculosis and paratuberculosis when considered
advisable by the commission before they are released from the stockyards.
Section 47-11-110. The commission, by regulation, may establish
slaughter assembly points.
Section 47-11-120. A person who removes from a public livestock
market or equine sales facility equine, cattle, swine, or other livestock for
immediate slaughter shall use them for immediate slaughter only in
accordance with this article and the regulations issued in accordance with
it. The owner of the animals is charged with the responsibility of having the
animals slaughtered and is liable for all damages resulting from diverting
them to other uses by failing to have them slaughtered.
Section 47-11-130. Animals or poultry known to be infected with or
exposed to one or more of the diseases provided in Section 47-4-50 or that
reacts to a test indicating the presence of the diseases must be held separate
and apart from healthy animals and must not be sold, traded, moved off
premises, or otherwise disposed of except for immediate slaughter only in
accordance with applicable state and federal regulation or with the prior
approval of the commission.
Section 47-11-140. The commission shall provide the service of
competent veterinarians to attend all auction sales at the various public
livestock markets on the day of the sale. The costs, exclusive of the pay of
the veterinarian, of all tests, serums, vaccine, treatments, and labor
furnished by the livestock auction market necessary for the enforcement of
this chapter and the protection of livestock against contagious and
infectious diseases must be paid for by the buyer of the livestock and the
costs, exclusive of the pay of the veterinarian, constitute a lien against the
animals.
Section 47-11-150. The commission may promulgate and enforce
regulations necessary to carry out this article.
Section 47-11-160. A municipality, county, or state law enforcement
officer or highway patrolman may stop and ascertain whether a conveyance
transporting livestock along the highways and streets within the State have
proper receipts or certificates in accordance with this article.
Section 47-11-170. A person who knowingly violates this article or a
regulation promulgated by the commission or wilfully fails to comply with
this article is guilty of a misdemeanor and, upon conviction, must be
punished in accordance with Section 47-4-130."
Administration by the commission
SECTION 6. Section 47-13-10 of the 1976 Code is amended to read:
"Section 47-13-10. This chapter must be administered, unless
otherwise indicated, by the State Livestock-Poultry Health Commission in
accordance with this chapter and Chapter 4 of this title."
Reference changed to the commission; duties revised
SECTION 7. Section 47-13-20 of the 1976 Code is amended to read:
"Section 47-13-20. The commission and its agents, employees,
livestock law enforcement officers, and livestock inspectors may visit all
sections of this State where contagious, infectious, or communicable
disease among animals including poultry and domesticated fowl is believed
to exist and shall determine according to law whether affected animals are
worthy of remedial treatment or, considering the animal industry, must be
destroyed. The commission shall conduct scheduled and unscheduled
inspections of premises operating under permit issued by him and conduct
solely or in conjunction with other appropriate agencies necessary
investigations involving matters assigned by law to its
jurisdiction."
Expense provisions deleted; penalties
SECTION 8. Section 47-13-30 of the 1976 Code is amended to read:
"Section 47-13-30. A person who violates this chapter or the
regulations promulgated pursuant to it is guilty of a misdemeanor and, upon
conviction, must be punished in accordance with Section 46-4-130."
Limitations on biological products revised
SECTION 9. Section 47-13-110 of the 1976 Code is amended to read:
"Section 47-13-110. It is unlawful for a person to possess, sell, or
distribute biological products containing a viable, living agent capable of
producing disease in livestock and poultry, except with the prior written
consent of the commission."
Reference changes; employment by university deleted
SECTION 10. Section 47-13-130 of the 1976 Code is amended to
read:
"Section 47-13-130. Whenever the commission certifies to the
Governor that an outbreak of disease in animals or poultry has occurred
within the State and that state or federal law has established an eradication
program for the disease concerned, there must be appropriated out of the
general fund of the State amounts necessary to cover indemnity payments
provided for in Section 47-13-360. The amounts appropriated must be
made available to the State Livestock-Poultry Health Commission and used
for the payment of destroyed animals and poultry and for other expenses
necessary and incident to the eradication of the diseases."
Quarantine requirements
SECTION 11. Section 47-13-150 of the 1976 Code is amended to
read:
"Section 47-13-150. The commission shall impose a quarantine
against the importation of slaughtered meat or poultry from an area of the
country affected by a contagious, an infectious, or a communicable disease
when the raw meat or poultry poses a serious threat to the animal or poultry
industry or the general public."
Reference changed to commission requirements and penalties
revised
SECTION 12. Section 47-13-310 of the 1976 Code is amended to
read:
"Section 47-13-310. The commission may give written notice to
a person owning, possessing, or controlling livestock which may be found
infested or infected with, or exposed to a carrier of an infectious, a
contagious, or a communicable disease, or a barn, shed, yard, or field which
is capable of conveying the infection or contagion to disinfect the livestock
or premises or have them disinfected within five days from the service of
the notice. A person who refuses or neglects for five days from the service
of the notice to disinfect the animals, livestock, or premises in the manner
and method prescribed, to commence the treatment prescribed, or to
complete the treatment prescribed is guilty of a misdemeanor and, upon
conviction, must be punished in accordance with Section
47-4-130."
Application of venue requirement
SECTION 13. Section 47-13-340 of the 1976 Code is amended to
read:
"Section 47-13-340. A person owning, possessing, or controlling
animals, livestock, or poultry which may be found infested or infected with
or exposed to a carrier of an infectious, a contagious, or a communicable
disease in a county within this State other than the county in which the
person resides may be tried for a violation of Section 47-13-310 in the
county where the animal, livestock, or poultry is kept or the county in
which the person owning, possessing, or controlling the animal, livestock,
or poultry resides."
Reference changed to commission
SECTION 14. Section 47-13-390 of the 1976 Code is amended to
read:
"Section 47-13-390. If the method of appraisal prescribed by
Section 47-13-380 is unsatisfactory to the owner, within twenty-four hours
after receipt of notice from the State Veterinarian, the owner may file with
the State Livestock-Poultry Health Commission a protest stating under
oath, to the best of his knowledge and belief, the animal is not infected with
tuberculosis or glanders. If the animal is killed an autopsy must be held by
three experts who must be graduate veterinarians of a recognized college.
One must be appointed and paid by the owner, one must be appointed by
the State Veterinarian and paid by the State, and one must be the State
Veterinarian or his assistant. These three experts shall appraise the animal
before it is killed at its actual cash value, and if the autopsy shows the
animal is free entirely from the disease, the cash value of the animal
immediately before the killing must be paid to the owner by the State, less
the value of the carcass."
References changed to commission; expenses revised
SECTION 15. Section 47-13-420 of the 1976 Code is amended to
read:
"Section 47-13-420. The expert appointed by the commission to
assist in appraising animals, in cases of protest, shall receive from the State
fifty dollars a day and traveling expenses while on actual duty. An itemized
bill of expenses of this veterinarian, certified by the local board of health,
must be transmitted to the commission. Upon certification by the
commission the bill must be paid from its annual appropriations."
Reference change to commission; penalties revised
SECTION 16. Section 47-13-680 of the 1976 Code is amended to
read:
"Section 47-13-680. A person violating this article or regulations
promulgated under it by the State Livestock-Poultry Health Commission is
guilty of a misdemeanor and, upon conviction, must be punished in
accordance with Section 47-4-130."
Reference changed to commission
SECTION 17. Section 47-13-690 of the 1976 Code is amended to
read:
"Section 47-13-690. The State shall cooperate with the federal
government in paying indemnity for cattle owned in this State known to be
infected with brucellosis as a result of a test made by the Animal and Plant
Health Inspection Service, United States Department of Agriculture, or by a
graduate veterinarian licensed by the State Board of Veterinary Examiners
of the State and the commission cooperating, in accordance with
regulations prescribed by the service and the commission, and whose
owners agree to cooperate with the federal government and the State in the
control and eradication of the disease. Payments on the part of this State
must be made in accordance with the amounts and procedures prescribed in
Section 47-13-360."
Reference changed to commission; penalties revised
SECTION 18. Section 47-13-880 of the 1976 Code is amended to
read:
"Section 47-13-880. A person violating this article or regulations
of the State Livestock-Poultry Health Commission promulgated under it is
guilty of a misdemeanor and, upon conviction, must be punished in
accordance with Section 47-4-130."
References changed to commission, reference to Poultry Technical
Committee deleted
SECTION 19. Section 47-13-1220 of the 1976 Code is amended to
read:
"Section 47-13-1220. Full authority for the control, suppression,
and eradication of pullorum and typhoid in poultry in this State is vested in
the commission. The commission shall administer the following:
(1) Poultry hatcheries and hatchery supply flocks within the State must
qualify as United States Pullorum-Typhoid Clean or meet equivalent
requirements for pullorum-typhoid control under official supervision.
(2) Shipments of poultry and eggs not destined for slaughter other than
United States Pullorum-Typhoid Clean, or equivalent, into the State are
prohibited.
(3) Whenever a veterinarian or other person performing poultry disease
diagnostic services has knowledge or reason to suspect that pullorum or
typhoid exists in a poultry flock or hatchery, within forty-eight hours, he
shall give notice of the fact to the commission.
(4) Upon receipt of a report of pullorum or typhoid in poultry, the
commission shall direct an immediate investigation by an authorized
representative to determine the origin and avenue of transmission of the
infection. Authorized representatives of the commission may enter a place
or premise for inspections or investigations reasonably necessary for these
determinations.
(5) Flocks deemed to be infected with pullorum or typhoid must be
quarantined by the commission. Quarantined flocks or a portion of them
must not be removed from the premise where the infection was detected
except with the written permission of the commission.
(6) Poultry shown in public exhibitions in this State must have
originated from United States Pullorum-Typhoid Clean, or equivalent,
flocks or have had a negative pullorum-typhoid test within ninety days of
the movement to the public exhibition."
Promulgation of regulations, Poultry Technical Committee membership
revised
SECTION 20. Section 47-13-1230 of the 1976 Code is amended to
read:
"Section 47-13-1230. The State Livestock-Poultry Health
Commission shall promulgate reasonable regulations consistent with this
article. The commission must be advised by a poultry advisory committee
consisting of five members as follows: one from the commercial hatching
industry, one from the commercial egg industry, one from the commercial
broiler industry, one from the commercial turkey industry, and one
representing the exhibition poultry interest. The members must be
nominated by the respective industry and appointed for terms of two years
by the commission."
Penalties revised
SECTION 21. Section 47-13-1240 of the 1976 Code is amended to
read:
"Section 47-13-1240. A person violating this article or
regulations promulgated by its authority is guilty of a misdemeanor and,
upon conviction, must be punished in accordance with Section 47-4-130.
Each violation constitutes a separate offense."
Administration and enforcement revised
SECTION 22. Section 47-15-70 of the 1976 Code is amended to read:
"Section 47-15-70. The State Livestock-Poultry Health
Commission is charged with administration and enforcement of this chapter
in accordance with the terms of this chapter and Chapter 4 of Title
47."
Penalties revised
SECTION 23. Section 47-15-80 of the 1976 Code is amended to read:
"Section 47-15-80. A person who violates this chapter or
regulations promulgated under it is guilty of a misdemeanor and, upon
conviction, must be punished in accordance with Section 47-4-130. The
person may be enjoined from continuing the violation. Each day on which a
violation occurs constitutes a separate violation."
Definition revised; administration by commission
SECTION 24. Section 47-17-20(b) of the 1976 Code is amended to
read:
"(b) The commission, which has the responsibility of
administering this article, means the State Livestock-Poultry Health
Commission."
Penalties revised
SECTION 25. Section 47-17-100 of the 1976 Code is amended to read: "Section 47-17-100. (A) A person who violates Section
47-17-60, 47-17-70, or 47-17-80 is guilty of a misdemeanor and, upon
conviction, must be fined not more than one thousand dollars or imprisoned
not more than one year, or both, for a first offense and must be punished in
the discretion of the court for a second and subsequent offense.
(B) When construing or enforcing this article, the act, omission, or
failure of a person acting for or employed by an individual, a partnership, a
corporation, an association, or other business unit, within the scope of his
employment or office, is deemed the act, omission, or failure of the
individual, partnership, corporation, association, or other business unit, as
well as of the person.
(C) No carrier or warehouseman is subject to the penalties of this
article, other than the penalties for violation of Section 47-17-80, by reason
of his receipt, carriage, holding, or delivery, in the usual course of business,
as a carrier or warehouseman, of livestock carcasses or their parts, meat
food products, or meat by-products owned by another person unless the
carrier or warehouseman has knowledge, or is in possession of facts which
would cause a reasonable person to believe, that the articles were not
inspected or marked in accordance with this article or were not otherwise in
compliance with this article."
Reference changed to permit; equine included; requirements and fees
revised; authorization for certain regulations deleted
SECTION 26. Section 47-17-120 of the 1976 Code is amended to
read:
"Section 47-17-120. (A) A person operating an establishment in
which equine, cattle, sheep, swine, or goats are slaughtered or in which
meat, meat by-products, or meat food products of, or derived from, equine,
cattle, sheep, swine, or goats are wholly or in part canned, cured, smoked,
salted, packed, rendered, or otherwise prepared, which are offered for sale
as food for humans shall secure a permit from the commission. This
section is not applicable to persons exempted from inspection under
Section 47-17-90 (1) and (2).
(B) The permit fee is fifty dollars annually or for part of a year. The
permit year is July first to June thirtieth. The fees must be retained by the
commission. The commission by regulation may increase the fee to not
more than two hundred dollars.
(C) Applications for permits must be in writing to the commission on
forms it prescribes.
(D) The commission, for cause, may refuse to grant a permit, may
revoke or modify a permit, or assess a civil penalty in accordance with
Section 47-4-130. Veterinary inspection must not be conducted in an
establishment whose permit has been denied, suspended, or revoked. The
commission immediately shall notify the South Carolina Department of
Health and Environmental Control of action upon a permit."
Administration by the commission
SECTION 27. Section 47-19-10 of the 1976 Code is amended to read:
"Section 47-19-10. This chapter may be cited as the South
Carolina Poultry Products Inspection Act of 1969 and must be administered
by the State Livestock-Poultry Health Commission in accordance with this
chapter and Chapter 4 of this title."
Definitions revised
SECTION 28. Section 47-19-20(a), (v), and (w) of the 1976 Code is
amended to read:
"(a) `Commission' means the State Livestock-Poultry Health
Commission.
(v) `Inspection service' means the official government service of the
State Livestock-Poultry Health Commission having the responsibility for
carrying out this chapter.
(w) `Inspector' means an employee or official of the commission
authorized by the commission to inspect poultry and poultry products under
the authority of this chapter."
References changed and clarified
SECTION 29. Section 47-19-30 of the 1976 Code is amended to read:
"Section 47-19-30. (A) The Livestock-Poultry Health
Commission is designated as the state agency which is responsible for
cooperating with the Secretary of Agriculture of the United States under the
provisions of Section 5 of the Federal Poultry Products Inspection Act. The
commission shall cooperate with the Secretary of Agriculture of the United
States in developing and administering the poultry products inspection
program of this State under this chapter to assure that not later than August
18, 1970, the state requirements are at least equal to those imposed under
Sections 1-4, 6-10, and 12-22 of the Federal Poultry Products Inspection
Act and in developing and administering the program of this State under
this act in a manner so as to effectuate the purposes of this chapter and the
federal act.
(B) In its cooperative efforts, the commission may accept from the
secretary advisory assistance in planning and otherwise developing the
state program, technical and laboratory assistance and training, including
necessary curricular and instructional materials and equipment, and
financial and other aid for administration of the program. The commission
may spend public funds of this State appropriated for administration of this
chapter to pay the share of the estimated total cost of the cooperative
program agreed upon by the commission and the secretary. (C) The commission may recommend to the Secretary of Agriculture
officials or employees of this State necessary for appointment to the
advisory committees provided for in Section 5 of the Federal Poultry
Products Inspection Act. The Director of the Division of Livestock-Poultry
Health Programs of Clemson University shall serve as the representative of
the Governor for consultation with the secretary under paragraph (c) of
Section 5 of the act unless the Governor selects another
representative."
Repeals
SECTION 30. Article 5, Chapter 9, Title 47, Sections 47-13-40, 47-13-50,
47-13-90, 47-13-100, 47-13-120, 47-13-140, 47-13-330, and 47-13-350,
Article 9, Chapter 13, Title 47, and Section 47-17-110 of the 1976 Code are
repealed.
References changed by Code Commissioner
SECTION 31. The South Carolina Code Commissioner, when and where
appropriate, shall change references in Chapters 13, 15, and 17, Title 47 of
the 1976 Code from the Livestock-Poultry Health Department of Clemson
University or its director and Board of Trustees of Clemson University to
State Livestock-Poultry Health Commission and references in Article 7,
Chapter 13, Title 47 from "cattle" or "herds of
cattle" to "animals".
Penalties revised
SECTION 32. Section 47-6-60 of the 1976 Code, as added by Act 563 of
1988, is amended to read:
"Section 47-6-60. A person violating this chapter or a regulation
promulgated by authority of the state veterinarian is guilty of a
misdemeanor and, upon conviction, must be punished in accordance with
Section 47-4-130. Each day's violation is considered a separate offense.
The court may enjoin a person from continued violations of this
chapter."
Time effective
SECTION 33. This act takes effect upon approval by the Governor.
Approved the 3rd day of May, 1994. |