S 697 Session 110 (1993-1994)
S 0697 General Bill, By Leventis
Similar(H 4040)
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)
04/15/93 Senate Introduced and read first time SJ-3
04/15/93 Senate Referred to Committee on Agriculture and Natural
Resources SJ-7
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 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 DELETE THE REFERENCE
TO FEEDING OR BREEDING AS IT APPLIES TO IMPORTED
SWINE REQUIRED TO BE ACCOMPANIED BY A HEALTH
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 DELETE PROVISIONS FOR 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.
Be it enacted by the General Assembly of the State of South Carolina:
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 and Natural Resources 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.
(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 by regulation a
listing of 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 by regulation 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 provide by regulation 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 46-4-100.
(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 are 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 two 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 relating to livestock
and poultry health.
(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. 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 director by regulation may establish a fee schedule for the
various services and permits issued 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."
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 in accordance with Section 47-4-110. 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 47-4-140. 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."
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 act 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."
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 for feeding or
breeding imported into this State must be accompanied by a health
certificate. All swine must be identified to the herd of origin with an ear
tag or other acceptable method of permanent identification that is
approved by the State Veterinarian 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
breeding other than feeding purposes. The
swine:
(1) the swine have been tested and found negative for
pseudorabies within thirty days before movement; or
(2) the swine 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) the swine have been tested and found negative for
pseudorabies within thirty days before movement;
(2) the swine originated from a Qualified Pseudorabies
Negative Herd as defined in Title 9, Part 85 of the Code of Federal
Regulations; or
(3) the swine originated from a monitored feeder pig herd.
For the 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 (to include
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 shall remain under quarantine on the farm of
destination as designated by the health certificate until they are moved
directly to slaughter or moved with written permission of the State
Veterinarian or an assistant." 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,
and the Like
Section 47-11-10. For the purpose of this article the term
`livestock market' as hereinafter used shall mean livestock auction
markets, public livestock assembly pens, stockyards, dealers in
livestock, cooperative or buying stations or any other public place
operated as a livestock market, exchange or shipping point where
livestock is assembled. The State Livestock-Poultry Health
Commission shall administer this article in accordance with Chapter 4
of this title.
Section 47-11-20. (A) Any A person
operating a public livestock market within the State or an
equine sales facility, as defined in Section 47-4-20, shall be
required to obtain from the State Veterinarian a permit authorizing
the operation of such market. 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 not more than one
hundred dollars.
(C) The commission shall retain the fees in accordance with Section
47-4-140.
(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
shall must be made on forms furnished by the office
of the State Veterinarian commission and
shall must show the:
(1) full name and address of all persons having a financial
interest in the market, the. This requirement is not necessary
for publicly-owned joint stock corporations;
(2) name, address, and telephone number of the
officer, manager and, or other person in charge,
the;
(3) name under which the market will operate, the day of
the week and the hour the auctions are to be held and the;
(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 47-11-40. Upon the filing of the application on the forms
prescribed and the giving of a bond as required in this article the
technical livestock committee, composed of four men appointed by the
board of trustees of Clemson University and the president,
vice-president and secretary of the Livestock Dealers Association shall
make an official inspection of the premises of the applicant and if, in
their opinion, the owner of the proposed market can comply with the
provisions of this article the State Veterinarian shall issue the permit.
This permit may be revoked by such committee for violation of the
provisions of this article or the rules and regulations relating thereto.
Section 47-11-50. All permits issued under the provisions of this
article shall be effective until the following July first unless canceled for
cause.
Section 47-11-60. The operator of the proposed 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 board of trustees of Clemson University
commission to secure the performance of all obligations
incident to the operation of the livestock market under the provisions
of this article title. But no such The
commission may waive the requirements of this section. No bond
shall be 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. All public livestock auction markets operating
under this article shall have proper facilities for holding livestock which
shall include proper pens for holding and segregating, properly protected
from the weather, adequate water supply and such other equipment as
the inspecting committee, as established in Section 47-11-40, may deem
necessary for the proper operation of the market. The premises,
including yards, pens, alleys and chutes, shall be cleaned and disinfected
as outlined in the regulations issued in accordance with this article.
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. The market shall keep a complete record
showing from whom all animals are received, to whom sold and, in case
of brucellosis, tuberculosis or paratuberculosis reactors, the weight, price
paid and price received, such record to be available to the State
Veterinarian or his authorized representative. After two years the records
may be destroyed. (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 shall must reflect the means of
this identification used.
(C) No person engaged in the hauling of livestock from
farm to market shall be 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 shall
must be drawn from all cattle for dairy and breeding purposes
before they are removed from any a public livestock
auction market, unless such the cattle are accompanied
by an officially approved certificate of health veterinary
inspection, showing that they have passed a negative test in
an approved laboratory within thirty days of the date of sale or
that they are from an officially recognized brucellosis accredited
herd.
Section 47-11-100. All animals except those for immediate slaughter
shall must be tested for tuberculosis and
paratuberculosis when deemed considered advisable by
the State Veterinarian commission before they are
released from the stockyards.
Section 47-11-110. All swine removed from any public livestock
market, except those for immediate slaughter, shall be accompanied by
an official receipt issued by the veterinarian treating the hogs, showing
that the hogs have been properly inoculated against cholera. The receipt
shall show the number of animals treated, the amount of serum and
vaccine used and the cost of it. One copy of the receipt shall be
forwarded on the date of sale to the State Veterinarian, Columbia, South
Carolina. The commission, by regulation, may establish
slaughter assembly points.
Section 47-11-120. Any A person who shall
remove removes from a public livestock market any
or equine sales facility equine, cattle, swine, or other
livestock for immediate slaughter shall use them for immediate slaughter
only or resale for slaughter in accordance with this article and
the regulations issued in accordance with it. The owner of such
the animals shall be is charged with the
responsibility of having such the animals slaughtered
and shall be is liable for all damages resulting from
diverting them to other uses by failing to have them slaughtered.
Section 47-11-130. All Animals or poultry known
to be infected with or exposed to any contagious or infectious disease
and any animal one or more of the diseases provided in Section
47-4-40 or that reacts to a test indicating the presence of such
a disease shall the diseases must be held separate and apart
from healthy animals and shall 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 State Veterinarian
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 article chapter and the protection of livestock
against contagious and infectious diseases shall must be
paid for by the buyer of such the livestock and
such the costs, exclusive of the pay of the veterinarian,
shall constitute a lien against all such the
animals.
Section 47-11-150. The technical committee
commission may promulgate and enforce such rules
and regulations as may be necessary to carry out the
provisions of this article.
Section 47-11-160. Any town, city A municipality,
county, or state peace law enforcement officer
or highway patrolman may stop and ascertain whether any
a conveyance transporting livestock along the highways and
streets within the State have proper receipts or certificates in accordance
with the provisions of this article.
Section 47-11-170. Any A person who shall
knowingly violate any provisions set forth in violates
this article or any rule or a regulation duly
established promulgated by the technical committee
commission or who shall wilfully fail
fails to comply with any provision of this article
shall be is guilty of a misdemeanor and, upon
conviction thereof shall, must be fined not more than
one hundred dollars nor less than twenty-five dollars or imprisoned not
to exceed thirty days punished in accordance with Section
47-4-130." SECTION 6. Section 47-13-10 of the 1976
Code is amended to read:
"Section 47-13-10. The board of trustees of Clemson
University shall make investigations relating to the diseases of cattle and
other domestic animals and poultry and domesticated fowls of every
kind. It shall from time to time ascertain in what section of the State
cattle are free from contagious or infectious diseases or splenetic fever;
shall publish and distribute from time to time information relating to
contagious diseases and suggest remedies therefor; and may in any such
cases quarantine such individual animals and regulate the transportation
of stock from one section of the State to another. It may cooperate with
the officials of other states and with the United States Department of
Agriculture in establishing and maintaining such cattle districts and
quarantine lines as it may deem proper and best to prevent the
introduction of cattle diseases, such as splenetic or Spanish fever. It may
expend such funds as may be necessary to carry into effect any and all
of the purposes aforesaid. And it may adopt and publish such rules and
regulations as it may deem necessary and advisable to carry into effect
any and all of the objects and purposes of this section or any of the
matters referred to herein. 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.
SECTION 7. Section 47-13-20 of the 1976 Code is amended to read:
"Section 47-13-20. The veterinarian of Clemson
University shall be the State Veterinarian and
commission and its agents, employees, livestock law enforcement
officers, and livestock inspectors may visit any section
all sections of this State where any contagious,
infectious, or communicable disease among animals,
including poultry and domesticated fowls of every kind,
fowl is believed to exist and shall determine, under the rules
and regulations of the board of trustees of the University
according to law whether such affected animals are
worthy of remedial treatment or should, 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."
SECTION 8. Section 47-13-30 of the 1976 Code is amended to read:
"Section 47-13-30. The necessary expenses incurred by
the State Veterinarian and his assistants in the discharge of their duties
shall be paid from the funds of Clemson University. 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."
SECTION 9. Section 47-13-110 of the 1976 Code is amended to read:
"Section 47-13-110. Approval of the State Veterinarian
shall be required for the sale and distribution of all 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, in accordance with rules and regulations
promulgated by the board of trustees of Clemson University
except with the prior written consent of the commission."
SECTION 10. Section 47-13-130 of the 1976 Code is amended to
read:
"Section 47-13-130. Whenever the State Veterinarian shall
certify commission certifies to the Governor that an
outbreak of disease in animals or birds poultry has
occurred within the State and that state or federal law has established an
eradication program for the disease concerned, there shall
must be appropriated out of the General Fund of the State
such amount as may be amounts necessary to cover
indemnity payments provided for in Section 47-13-360. The amounts
so appropriated shall must be made available to
Clemson University the State Livestock-Poultry Health
Commission and shall be used for the payment of destroyed
animals or birds, for the employment of additional help by the
University and poultry and for such other expenses
as may be necessary and incident to the eradication of the
diseases."
SECTION 11. Section 47-13-150 of the 1976 Code is amended to
read:
"Section 47-13-150. Whenever it comes to the attention of
the Clemson University livestock and poultry health department, either
officially or otherwise, that V. E. or any other contagious disease is
prevalent in any section of the United States, it shall be the duty of the
department to impose a quarantine against the importation into the State
of any slaughtered pork of the particular area affected by the quarantine.
This shall not apply to meat slaughtered prior to outbreak of the V. E.
disease in that area. 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."
SECTION 12. Section 47-13-310 of the 1976 Code is amended to
read:
"Section 47-13-310. The State Veterinarian or any
livestock inspector appointed by him commission may
give written notice to any a person owning,
possessing, or controlling any livestock which may be
found infested or infected with, or exposed to a carrier of, any
an infectious, a contagious, or a
communicable disease, or any a barn, shed,
yard, or field which is capable of conveying such
the infection of or contagion to disinfect
such the livestock or premises or have them disinfected
within five days from the service of such the notice.
If any A person shall refuse who
refuses or neglect neglects for five days from the
service of such the notice to disinfect such
the animals, livestock, or premises in the manner and
method and at the time that such written notice may specify, such
person shall be prescribed, to commence the treatment
prescribed, or to complete the treatment prescribed is guilty of a
misdemeanor and, upon conviction thereof, shall
must be liable to a fine of not less than ten dollars nor more
than one hundred dollars or to imprisonment for not less than ten nor
more than thirty days in the county jail or upon the public works of the
county in which such offense occurs; provided, however, that there shall
be no conviction, fine or imprisonment imposed upon any person under
this section unless it shall appear that all necessary medicines or
disinfectants shall have been furnished or offered free of charge and
without any cost whatever to the owner or controller of the livestock or
property at the same time or previous to the giving of the written
notice punished in accordance with Section
47-4-130."
SECTION 13. Section 47-13-340 of the 1976 Code is amended to
read:
"Section 47-13-340. Any A person owning,
possessing, or controlling any cattle, horse, mule or ass
that animals, livestock, or poultry which may be found
infested or infected with or exposed to the cattle fever tick
(margaropus annulatus) in any a carrier of an infectious, a
contagious, or a communicable disease in a county within this State
other than the county in which such the person resides
may be tried for any a violation of Section
47-13-330 either 310 in the county where the cattle,
horse, mule or ass which is infested or infected with or exposed to the
cattle fever tick (margaropus annulatus) are animal, livestock,
or poultry is kept or in the county in which the person
owning, possessing, or controlling such cattle, horse, mule
or ass the animal, livestock, or poultry resides."
SECTION 14. Section 47-13-390 of the 1976 Code is amended to
read:
"Section 47-13-390. Should If the method of
appraisal prescribed by Section 47-13-380 be is
unsatisfactory to the owner he may, within twenty-four hours
after receipt of notice from the State Veterinarian, the owner
may file with the chairman of the veterinary committee of the
board of trustees of Clemson University State Livestock-Poultry
Health Commission a protest stating therein under oath
that, to the best of his knowledge and belief, the animal is not
infected with tuberculosis or glanders. Thereupon If the animal
be is killed an autopsy shall must be
held by three experts, who shall must be
graduate veterinarians of a recognized college,. One
to must be appointed and paid by the owner, one
to must be appointed by the State Veterinarian and paid
by the State, and the third to one must be the
State Veterinarian or an his assistant of his.
These three experts shall appraise such the animal
before it is killed at its actual cash value, and if the autopsy shows
that the animal is entirely free entirely from
any such the disease, the cash value of the
animal immediately before the killing shall must be paid
to the owner by the State, less the value of the carcass."
SECTION 15. Section 47-13-420 of the 1976 Code is amended to
read:
"Section 47-13-420. The expert appointed by the State
Veterinarian commission to assist in appraising animals, in
cases of protest, shall receive from the State five fifty
dollars per a day and traveling expenses while on actual
duty. An itemized bill of expenses of this veterinarian, certified by the
local board of health, shall must be transmitted
to the State Veterinarian commission. Upon certification
by the State Veterinarian commission the bill
shall must be paid from its annual
appropriations to Clemson University."
SECTION 16. Section 47-13-680 of the 1976 Code is amended to
read:
"Section 47-13-680. Any A person violating
any of the provisions of this article or of any of the rules
and regulations promulgated under it by the board of
trustees of Clemson University relative to the control and eradication of
brucellosis shall be State Livestock-Poultry Health Commission
is guilty of a misdemeanor and, upon conviction thereof
shall, must be fined not more than one hundred dollars
nor less than twenty-five dollars or imprisoned not to exceed thirty
days punished in accordance with Section 47-4-130."
SECTION 17. Section 47-13-690 of the 1976 Code is amended to
read:
"Section 47-13-690. The State will 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 Clemson
University the commission cooperating, in accordance with
rules and regulations prescribed by the service and the
University commission, and whose owners agree to
cooperate with the federal government and the State in the control and
eradication of such the disease. Payments on the part of
this State shall must be made in accordance with the
amounts and procedures prescribed in Section 47-13-360."
SECTION 18. Section 47-13-880 of the 1976 Code is amended to
read:
"Section 47-13-880. Any A person violating
any of the provisions of this article, or any of the
rules and regulations of the board of trustees of Clemson
University, relative to the control and eradication of tuberculosis or
paratuberculosis, made and State Livestock-Poultry Health
Commission promulgated hereunder, shall be under it
is guilty of a misdemeanor and, upon conviction thereof
shall, must be fined not more than one hundred dollars
nor less than twenty-five dollars or imprisonment not to exceed thirty
days punished in accordance with Section 47-4-130."
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 hereby vested in the Livestock-Poultry Health
Department of Clemson University as regulated by the Clemson
University Board of Trustees and advised by a poultry technical
committee comprised as stated in Section 47-13-1230 and, without
limiting the generality of the foregoing provision, it shall be the
function, power and duty of the Clemson University Livestock and
Poultry Division to commission. The commission shall
administer the following provisions:
(a)(1) All 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.
(b)(2) All Shipments of poultry and eggs not
destined for slaughter other than United States Pullorum-Typhoid Clean,
or equivalent, into the State are prohibited.
(c)(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,
he shall, within forty-eight hours, he shall give notice
of such the fact to the State Veterinarian
commission.
(d)(4) Upon receipt of a report of pullorum or typhoid
in poultry, the State Veterinarian 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 State Veterinarian
commission may enter any a place or premise
for such inspections or investigations as may be
reasonably necessary for these determinations.
(e)(5) Flocks deemed to be infected with pullorum or
typhoid shall must be quarantined by the State
Veterinarian commission. Quarantined flocks or
any a portion thereof shall of them
must not be removed from the premise where the infection was
detected except with the written permission of the State
Veterinarian Commission.
(f)(6) All Poultry shown in public exhibitions
in this State shall 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."
SECTION 20. Section 47-13-1230 of the 1976 Code is amended to
read:
"Section 47-13-1230. The Clemson University Board of
Trustees State Livestock-Poultry Health Commission shall
adopt promulgate reasonable rules and
regulations consistent with the provisions of this article as it
may deem proper. These rules and regulations shall be
formulated by a poultry technical committee, consisting of five members
who shall be appointed by the Clemson University Board of Trustees for
terms of four years. One member of the committee shall be 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
State Veterinarian and the South Carolina contact representative of the
National Poultry Improvement Plan shall serve ex officio.
SECTION 21. Section 47-13-1240 of the 1976 Code is amended to
read:
"Section 47-13-1240. Any A person violating
any of the provisions of this article or any rule or
regulation regulations promulgated by its authority
hereof shall be deemed is guilty of a misdemeanor
and, upon conviction, shall must be
fined in an amount not to exceed one hundred dollars or imprisoned
for a term not to exceed thirty days punished in accordance with
Section 47-4-130. Each violation shall constitute
constitutes a separate offense."
SECTION 22. Section 47-15-70 of the 1976 Code is amended to
read:
"Section 47-15-70. The Clemson University
State Livestock-Poultry Health department
Commission is hereby charged with administration and
enforcement of the provisions of this chapter and is
authorized to make and enforce all rules and regulations which the
department may deem necessary to carry out its purposes in
accordance with the terms of this chapter and Chapter 4 of Title
47."
SECTION 23. Section 47-15-80 of the 1976 Code is amended to
read:
"Section 47-15-80. Any A person who
violates any of the provisions of this chapter or any rule or
regulation regulations promulgated thereunder shall be
deemed under it is guilty of a misdemeanor and, upon
conviction, shall must be fined not more than one
hundred dollars nor less than twenty-five dollars, or imprisoned for not
more than thirty days punished in accordance with Section
47-4-130. In addition, such The person may be
enjoined from continuing such the violation. Each day
on which a violation occurs shall constitute constitutes
a separate violation."
SECTION 24. Section 47-17-20(b) of the 1976 Code is amended to
read:
"(b) The term "Director," who will have
commission, which has the responsibility of administering this
article, means the Director of the State
Livestock-Poultry Health Department of Clemson University or any
person authorized to act in his stead Commission."
SECTION 25. Section 47-17-100 of the 1976 Code is amended to
read:
"Section 47-17-100. (A) Any A person who
shall violate any of the provisions of Sections violates
Section 47-17-60, 47-17-70, or 47-17-80 shall be
is guilty of a misdemeanor and, upon
conviction, shall must be fined not more than
one thousand dollars or imprisoned for 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 the provisions of this
article, the act, omission, or failure of any 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, shall in every case
be is deemed the act, omission, or failure of such
the individual, partnership, corporation, association, or other
business unit, as well as of such the person.
(C) No carrier or warehouseman shall be 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 thereof, 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 such the articles were not inspected or
marked in accordance with the provisions of this article or were
not otherwise in compliance with this article."
SECTION 26. Section 47-17-120 of the 1976 Code is amended to
read:
"Section 47-17-120. (A) Any 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 license
permit from the Director, except that
commission. This provision shall section is not
be applicable to persons exempted from inspection under the
provisions of Section 47-17-90, paragraphs (1) and (2).
(B) The license permit fee shall be
twenty-five is fifty dollars annually or for any part
of a year. The license permit year shall be from
is July first to June thirtieth. The funds shall be deposited
with the Comptroller of Clemson University and credited to the Clemson
Livestock-Poultry Health Department account fees must be
retained by the commission in accordance with Section 47-4-110. The
commission by regulation may increase the fee to not more than two
hundred dollars.
(C) Applications for licenses shall permits must be
in writing to the Director commission on forms
prescribed by rules and regulations as may be adopted it
prescribes.
(D) The Director commission, for cause, may refuse
to grant a license or permit, may revoke or
suspend modify a license issued under the
provisions of this article when an establishment is being operated
contrary to or in violation of the provisions of this article or any rules or
regulations promulgated under the authority of the article. Provided, that
the operator of an establishment whose license has been refused,
revoked or suspended may request a hearing before the Director
permit, or assess a civil penalty in accordance with Section
47-4-130. Veterinary inspection will must not be
conducted in an establishment whose license permit has
been denied, suspended, or revoked. The Director
commission immediately shall notify the South Carolina
Department of Health and Environmental Control of all licenses that
have been denied, suspended or revoked immediately after such
action upon a permit."
SECTION 27. Section 47-19-10 of the 1976 Code is amended to
read:
"Section 47-19-10. This chapter shall be known and
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."
SECTION 28. Section 47-19-20(a), (v), and (w) of the 1976 Code is
amended to read:
"(a) `Board' means the board of trustees of Clemson
University `Commission means the State Livestock-Poultry
Health Commission.
(v) `Inspection service' means the official government service of
Clemson University the State Livestock-Poultry Health
Department designated by the board as Commission
having the responsibility for carrying out the provisions of this
chapter.
(w) `Inspector' means an employee or official of Clemson
University the commission authorized by the board
commission to inspect poultry and poultry products under the
authority of this chapter."
SECTION 29. Section 47-19-30 of the 1976 Code is amended to
read:
"Section 47-19-30. (A) The Clemson University
Livestock-Poultry Health Department Commission is
hereby designated as the state agency which shall be
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 and such agency is directed
to. 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 will
be 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 such a manner so as will to
effectuate the purposes of this chapter and the federal act.
(B) In such its cooperative efforts, Clemson
University is authorized to 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 such a the program.
Clemson University is further authorized to The commission
may spend public funds of this State appropriated for administration
of this chapter to pay such the share of the estimated
total cost of the cooperative program as may be agreed upon by
Clemson University the commission and the secretary.
(C) The director is further authorized to commission
may recommend to the Secretary of Agriculture such
officials or employees of this State as are necessary for
appointment to the advisory committees provided for in section 5 of the
Federal Poultry Products Inspection Act; and. 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 such the act unless the Governor shall
select selects another representative."
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.
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".
SECTION 32. This act takes effect upon approval by the Governor.
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