Bill 3994

                    Current Status

Bill Number:               3994
Ratification Number:       646
Act Number                 563
Introducing Body:          House
Subject:                   Relating to animals, livestock, and
                           poultry

(A563, R646, H3994)

AN ACT TO AMEND TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANIMALS, LIVESTOCK, AND POULTRY, BY ADDING CHAPTER 6 SO AS TO PROVIDE FOR THE ERADICATION AND CONTROL OF PSEUDORABIES IN SWINE AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Whereas, the General Assembly recognizes that pseudorabies is a serious disease in the swine industry and that the disease can be transmitted to other domestic animals; and

Whereas, the disease can have a severe economic and psychological impact on the affected swine owner and that additional costs are incurred, both by the swine industry and state government, for surveillance and control measures; and

Whereas, a program aimed at controlling the spread of pseudorabies, reducing the economic losses associated with the disease, reducing the risk of reinfecting swine herds where the infection has been eliminated, and recognizing pseudorabies' low prevalence or free areas is necessary and will ultimately benefit swine producers and consumers alike by lowering production costs. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

Pseudorabies; control, eradication of

SECTION 1. Title 47 of the 1976 Code is amended by adding:

"CHAPTER 6

Pseudorabies Control and Eradication Act

Section 47-6-10. This act may be referred to as the 'Pseudorabies Control and Eradication Act'.

Section 47-6-20. Unless otherwise stated, for the purposes of this chapter:

(1) 'person' includes an individual, firm, corporation, partnership, association, or other legal entity;

(2) 'swine' includes all animals of the Sus scrofa species;

(3) 'herd' means all swine on one premises except that, at the discretion of the state veterinarian, other animals may be included in this group;

(4) 'state veterinarian' is the veterinarian of Clemson University as defined in Section 47-13-20;

(5) 'assistant' means a licensed veterinarian appointed by the state veterinarian;

(6) 'pseudorabies' refers to the disease of swine caused by the pseudorabies virus. The disease may be acute, subacute, chronic, or latent;

(7) 'official test' means any test for the detection of pseudorabies approved by the state veterinarian and licensed or approved by the United States Department of Agriculture;

(8) 'approved herd plan' means an individually-negotiated plan developed by and agreed to between the state veterinarian and the swine herd owner for elimination of pseudorabies infection from a swine herd. The plan may include, but not be limited to, procedures for testing, segregation, cleanup, repopulation, depopulation, retesting, and the necessary timetables for implementing the plan, or the plan may follow the procedures recommended by the Livestock Conservation Institute or other nationally recognized livestock association for the elimination of pseudorabies.

Section 47-6-30. The state veterinarian and the Livestock-Poultry Health Service of Clemson University are vested with the authority to develop and institute programs to provide for the control and eradication of pseudorabies in this State and to adopt regulations necessary to carry out the programs and the provisions of this chapter. The state veterinarian may also appoint assistants to assist him with his duties.

Section 47-6-40. (A) Whenever a veterinarian or other person in this State performing disease diagnostic services has knowledge or reason to suspect a swine or herd of swine has pseudorabies, he shall notify, within forty-eight hours, the state veterinarian of this fact.

(B) Upon receipt of a report of pseudorabies, the state veterinarian shall conduct an immediate investigation to determine the origin and avenue of transmission of the infection. Assistants to the state veterinarian may enter the place or premise for the investigation and inspection as may be necessary for these determinations provided they follow any reasonable request of the owner in regard to protective clothing, sanitized boots, etc.

(C) Whenever the state veterinarian has reason to believe that the pseudorabies may spread within a county or the geographical area, the state veterinarian may serve public notice by publication in a newspaper of general circulation in the county or geographical areas requiring the owners of swine to confine their animals for any period necessary to prevent the spread of pseudorabies.

(D) Herds that are infected with pseudorabies must be quarantined by the state veterinarian. Quarantined herds must not be removed from the premise where the infection was detected except with the written authorization of the state veterinarian or an assistant.

(E) An approved herd plan for the elimination of the disease from the infected herd must be developed within ninety days.

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. 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 purposes:

(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:

(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 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 47-6-60. A person violating any of the provisions of this act or any regulation promulgated by authority of the state veterinarian is guilty of a misdemeanor and, upon conviction, must be fined in an amount not to exceed one thousand dollars or imprisoned not more than thirty days. Each day's violation is considered a separate offense. The court may enjoin a person from continued violations of this act."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.