Current Status Introducing Body:
SenateBill Number: 697Primary Sponsor: LeventisCommittee Number: 01Type of Legislation: GBSubject: Livestock-Poultry Health CommissionResiding Body: SenateCurrent Committee: Agriculture & Natural ResourcesCompanion Bill Number: 4040Computer Document Number: 697Introduced Date: 19930415Last History Body: SenateLast History Date: 19930415Last History Type: Introduced, read first time, referred to CommitteeScope of Legislation: StatewideAll Sponsors: LeventisType of Legislation: General Bill
Bill Body Date Action Description CMN Leg Involved ____ ______ ____________ ______________________________ ___ ____________ 697 Senate 19930415 Introduced, read first time, 01 referred to CommitteeView additional legislative information at the LPITS web site.
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:
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:
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.