H*4691 Session 112 (1997-1998)
H*4691(Rat #0382, Act #0316 of 1998) General Bill, By Sharpe, Davenport,
Limehouse, Littlejohn, W. McLeod, Rhoad, Spearman and Witherspoon
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22
TO TITLE 47 SO AS TO ENACT THE SOUTH CAROLINA RENDERING ACT OF 1998, INCLUDING
PROVISIONS AND DEFINITIONS RELATING TO ADMINISTRATION OF THE ACT BY THE STATE
LIVESTOCK-POULTRY HEALTH COMMISSION AND THE DIRECTOR, DIVISION OF
LIVESTOCK-POULTRY HEALTH PROGRAMS, CLEMSON UNIVERSITY, PROVIDING MINIMUM
STANDARDS FOR RENDERING PLANTS AND FOR CONDUCTING RENDERING OPERATIONS, AND
PROVIDING PROVISIONS FOR PERMITS, INSPECTIONS, AND TO PROVIDE CIVIL AND
CRIMINAL PENALTIES FOR VIOLATIONS.
02/25/98 House Introduced and read first time HJ-19
02/25/98 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-19
03/18/98 House Committee report: Favorable Agriculture, Natural
Resources and Environmental Affairs
03/19/98 House Read second time HJ-10
03/19/98 House Unanimous consent for third reading on next
legislative day HJ-13
03/20/98 House Read third time and sent to Senate HJ-2
03/24/98 Senate Introduced and read first time SJ-10
03/24/98 Senate Referred to Committee on Agriculture and Natural
Resources SJ-10
03/27/98 Senate Committee report: Favorable with amendment
Agriculture and Natural Resources SJ-15
03/31/98 Senate Amended SJ-20
03/31/98 Senate Read second time SJ-20
03/31/98 Senate Ordered to third reading with notice of
amendments SJ-20
04/01/98 Senate Read third time and returned to House with
amendments SJ-14
04/07/98 House Concurred in Senate amendment and enrolled HJ-413
05/21/98 Ratified R 382
05/26/98 Signed By Governor
05/27/98 Effective date 05/27/98
06/10/98 Copies available
06/10/98 Act No. 316
(A316, R382, H4691)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING CHAPTER 22 TO TITLE 47 SO AS
TO ENACT THE SOUTH CAROLINA RENDERING ACT OF 1998,
INCLUDING PROVISIONS AND DEFINITIONS RELATING TO
ADMINISTRATION OF THE ACT BY THE STATE
LIVESTOCK-POULTRY HEALTH COMMISSION AND THE
DIRECTOR, DIVISION OF LIVESTOCK-POULTRY HEALTH
PROGRAMS, CLEMSON UNIVERSITY, PROVIDING MINIMUM
STANDARDS FOR RENDERING PLANTS AND FOR CONDUCTING
RENDERING OPERATIONS, AND PROVIDING PROVISIONS FOR
PERMITS, INSPECTIONS, AND TO PROVIDE CIVIL AND
CRIMINAL PENALTIES FOR VIOLATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
Rendering livestock and poultry raw material
SECTION 1. Title 47 of the 1976 Code is amended by adding:
CHAPTER 22
Rendering of Livestock and Poultry Raw Material
Section 47-22-10. This chapter may be cited as the 'South Carolina
Rendering Act of 1998'.
Section 47-22-20. As used in this chapter, the term:
(1) 'Transfer center' means a facility where raw materials are
collected for loading into approved vehicles for delivery to a rendering
plant.
(2) 'Commission' means the State Livestock-Poultry Health
Commission.
(3) 'Director' means the Director, Division of Livestock-Poultry
Heath Programs, Clemson University.
(4) 'Division' means the Division of Livestock-Poultry Health
Programs at Clemson University and its agents, employees, and officials.
(5) 'Inspector' means an employee or official of the division
authorized by the director to carry out inspections or investigations
required or authorized by law.
(6) 'Livestock' means all classes and breeds of animals,
domesticated or feral.
(7) 'Permit' means official authorization to engage in a specified
activity.
(8) 'Poultry' means all avian species including wildfowl and
domestic fowl.
(9) 'Raw material' means livestock or poultry carcasses and inedible
parts thereof, fats, oils, and other inedible animal byproducts, and used
fats and oils collected from restaurants.
(10) 'Rendering operation' means the processing of all or part of the
inedible portions of livestock or poultry carcasses and other raw material,
and includes the collection and transportation of raw material for the
purpose of processing.
(11) 'Rendering plant' means a building or buildings in which raw
material is processed, and includes the premises upon which buildings
used in connection with processing are located.
(12) 'State Veterinarian' means the Director, Division of
Livestock-Poultry Health Programs, Clemson University.
Section 47-22-30. The commission is the governing and policymaking
body for the department, and is authorized to promulgate regulations that
are necessary and proper to carry out the purpose and provisions of this
chapter. The commission must delegate the administrative and
enforcement duties provided for in this chapter to the director. The
director, acting through the division, must administer the provisions of
this chapter, enforce the required minimum standards set forth in Section
47-22-60, and all other laws pertaining to rendering livestock, poultry,
and raw material in this State.
Section 47-22-40. No person shall operate a transfer center or
rendering plant, or engage in rendering operations, unless he possesses a
valid and current permit issued by the division.
Section 47-22-50. Application for a permit required by this chapter
must be made to the director on forms provided by the division. The
application must set forth the name and address of the applicant, the
present or proposed place of business, the particular method used or to be
used in the collection, transportation, processing, disposition, and disposal
of raw material, and all other information as the director may require.
Plant flow diagrams of any existing or proposed rendering plant and of
equipment used in rendering operations must be available at the plant for
review by division inspectors. A permit is valid until revoked pursuant
to Section 47-4-130, or until relinquished or abandoned by the person to
whom the permit was issued.
Section 47-22-60. (A) Transfer centers must:
(1) be located on a site in compliance with local zoning ordinances
and have a potable water supply, wastewater and solid disposal, and air
pollution facilities as required by any governmental authority having
jurisdiction over the site;
(2) be covered by a metal roof or other permanent type covering
with sufficient screened ventilators to allow air flow, yet preventing the
entrance of rodents, birds, and insects;
(3) have walls, floors, and ceilings made of durable, nonabsorbent
materials that can be cleaned and maintained in a sanitary condition;
(4) have adequate drains in an impervious floor with a supply of
hot water sufficient to thoroughly clean the transfer center's building,
equipment, and all vehicles transporting raw material to the transfer
center;
(5) be cleaned and sanitized at the end of each daily operation;
(6) hold inedible materials no longer than allowed by good
manufacturing practices, and dispose of all product and unused raw
material in a lawful manner;
(7) be operated in such a manner that objectionable odors are not
detected off site of the transfer center.
(B) Rendering plants must:
(1) be located on a site in compliance with local zoning ordinances
and have a potable water supply, wastewater and solid disposal, and air
pollution facilities as required by any governmental authority having
jurisdiction over the site;
(2) utilize buildings of sufficient size and shape to accommodate all
phases of actual processing, with partitions installed therein sufficient to
prevent any contact between raw materials and finished product, and to
prevent contamination of finished product;
(3) utilize buildings constructed with materials and in a manner that
will ensure adequate drainage and sanitation in all phases of operation,
and that contain walls, floors, and ceilings constructed with durable,
nonabsorbent materials that can be cleaned and maintained in a sanitary
manner;
(4) have a supply of hot water and cleaning agents sufficient to
facilitate cleaning of the building, equipment, and vehicles used to move
and handle raw material and product in a sanitary manner;
(5) be operated using reasonable precautions while handling,
storing, or preparing raw material to prevent objectionable odors from
being discharged beyond the boundaries of the permittee's property, to
ensure that raw material does not remain on site any longer than allowed
by good manufacturing practice, and to dispose of all product and unused
raw material in a lawful manner;
(6) be operated using appropriate and properly-functioning
rendering equipment including, but not limited to, working, efficient, and
effective odor-control systems to prevent the emission of objectionable
odors;
(7) diligently practice rodent and vermin control in buildings and
keep surrounding grounds clean and free of refuse, trash, and manure;
(8) mark all barrels used for transportation and storage of raw
materials with the word 'inedible' in letters clearly visible and not less than
two inches in height; and
(9) have a control and recontamination program, as approved by the
director, that specifically provides for the prevention of
cross-contamination between raw material and finished product.
(C) Vehicles used to transport raw materials must:
(1) be so constructed and maintained as to prevent any dripping,
seeping, discharge, or escape of raw material from the truck, and have
body sides of such height that no portion of the raw material transported
therein is subject to spillage under normal circumstances; provided, on a
case-by-case basis, the director may require the complete covering of a
load of raw material for biosecurity purposes.
(2) after unloading, be cleaned with hot water and a suitable
cleansing agent to prevent a buildup of grease, solids, or other raw
material residue, and no vehicle used to transport raw material may be
taken out or operated on a public road or highway without first being
thoroughly cleaned.
(3) be licensed by the division as suitable for the purpose of
transporting raw material.
Section 47-22-70. Every transfer center, rendering plant, rendering
operation and vehicle used to transport raw material is subject to
inspection by the division inspectors during normal operating hours and
at such other times as the director may deem necessary for the
enforcement of this chapter. Each rendering plant must keep and furnish
the director information required by law concerning the collection,
transportation, processing, distribution, disposition, and disposal of raw
material.
Section 47-22-80. Any person who violates any provision of this
chapter or any regulation promulgated hereunder shall be subject to the
criminal and/or civil penalties as provided by Section 47-4-130 of this
title.
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 26th day of May, 1998. |