(A) A person operating a public livestock market or an equine sales facility, as defined in Section 47-4-20, shall obtain from the commission a permit authorizing the operation. Issued permits are effective until the next March first, unless sooner revoked or canceled.

(B) The permit fee is five dollars annually or for a part of a year. The permit year is March first to the last day of February. The commission by regulation may increase the fee to not more than one hundred dollars.

(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 47-11-80: Records; Identification; Exemptions

SECTION 47-11-80. Records; identification required of persons selling at market; livestock haulers exempt from licenses.

(A) The public livestock market or equine sales facility shall keep records required by this chapter and the regulations promulgated pursuant to it including, but not limited to, from whom the animals were received, to whom sold, necessary tests and results, and certificates of veterinary inspection or permits when required. The records must be retained by the market operator for two years and are subject to inspection by the commission or Commissioner of Agriculture upon reasonable notice.

(B) No person may sell at a public livestock market or an equine sales facility without first identifying himself by a driver's license or other photographic identification, a truck or trailer license plate number, or other means of identification acceptable to the market or facility operator. The records of the market or facility operator must reflect this identification.

(C) No person engaged in the hauling of livestock from farm to market is required to have a license from the Public Service Commission.

Section 47-11-85: Identification of animals sold in public livestock market or equine sales facility.

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 47-4-30 B: Permitted Operations

SECTION 47-4-30. Permitted operations.

(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 47-13-1370: Proof of tests

(A) All horses must be accompanied by written proof of an approved negative test for equine infectious anemia when entering any public assembly of horses. These public assemblies include, but are not limited to, shows, fairs, organized trail rides, rodeos and other exhibitions, as well as organized sales. Animals moving directly to a slaughter plant or assembly point for slaughter which has been specifically approved by the state veterinarian are not subject to the negative test requirement. The owner, operator, or person in charge of these shows, fairs, organized trail rides, rodeos and other exhibitions, organized sales, and other public places where horses are assembled shall require that each animal be accompanied by an official certificate showing that it has been negative to an approved test for equine infectious anemia within the last twelve months.

(B) Horses which are permanently maintained at a public stable or other public facility must be tested for equine infectious anemia each twelve months.

(C) The Coggins Test or other test for equine infectious anemia, whether administered within or without this State, is required to be administered only once each twelve months to a horse or an animal regardless of the number of times the animal is shown, sold, exhibited, or housed in a public stable or place in this State during that period. The state veterinarian and the Livestock-Poultry Health Service of Clemson University may require proof of annual test administrations as they consider necessary.

Section 47-13-1310 to 47-13-1400: Equine Infections Anemia (EIA)

ARTICLE 13.

EQUINE INFECTIOUS ANEMIA

SECTION 47-13-1310. Definitions.

As used in this article:

(1) "Equine infectious anemia" means a widely spread, virus-caused disease of the horse, commonly known as swamp fever, which is infectious in nature and spreads by improper use of hypodermic needles, other instruments, and insects. The disease may be acute, subacute, chronic, or inapparent.

(2) "Horse" means a member of the equine family over six months of age including horses, mules, asses, zebras, or other equidae.

(3) "State veterinarian" means the state veterinarian as defined by Section 47-13-20.

(4) "Accredited veterinarian" means a licensed veterinarian approved by the United States Department of Agriculture and the state veterinarian.

(5) "Reactor" means a horse that reacts positively to an approved serological test performed by an approved laboratory.

(6) "Date of test" means date blood sample is collected from the horse.

(7) "Exposed horse" means a horse which the state veterinarian or his authorized representative has reasonable grounds to believe has been exposed to equine infectious anemia.

(8) "Quarantine" means confinement of an exposed horse to an area not less than two hundred yards from another unaffected horse, with no horses being admitted or leaving the premises.

(9) "Isolation" means confinement of a reactor horse to an area not less than two hundred yards from another unaffected horse until a blood sample submitted from the reactor horse provides a negative Coggins test from a laboratory approved within the State or death.

SECTION 47-13-1315. State veterinarian and Livestock-Poultry Service to develop and institute programs for control of equine infectious anemia.

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 of equine infectious anemia in this State and to adopt and provide for enforcement regulations necessary to carry out the program and the provisions of this article. This authority includes, but is not limited to, the power to make regulations requiring the testing of a horse, pony, mule, and ass for equine infectious anemia, in any change of ownership, before sale, exhibition, or assembly at public stables or other public places, and authority to require the owner, operator, or person in charge of shows, sales, public stables, and other public places to require proof of freedom from equine infectious anemia before an animal is permitted to remain on the premises.

SECTION 47-13-1320. Repealed by 1990 Act No. 375, Section 1, eff March 19, 1990.

SECTION 47-13-1330. Official tests.

The official test for equine infectious anemia is:

(1) the agar gel immunodiffusion (AGID) blood test or any other test approved by the United States Department of Agriculture accomplished by a laboratory approved by the United States Department of Agriculture on blood samples collected by accredited veterinarians. Only antigen produced by or standardized by the United States Department of Agriculture may be used in official testing of animals for equine infectious anemia by the AGID method;

(2) other tests as may be devised and approved by the United States Department of Agriculture and the state veterinarian.

SECTION 47-13-1340. Reporting of tests.

All positive tests for equine infectious anemia must be reported to the state veterinarian including tests conducted in approved laboratories within the State and tests from veterinarians submitting blood samples for testing to laboratories outside this State.

SECTION 47-13-1350. Unlawful for horse to enter State unless tested; rules and regulations.

It is unlawful to enter the State with a horse unless the horse has been tested for equine infectious anemia and is accompanied by an official Equine Infectious Anemia test chart showing that the horse reacted negatively to an official Equine Infectious Anemia test within twelve months before entry. The state veterinarian, with the advice of the commanding officer of the State Highway Patrol, shall promulgate regulations to provide for the enforcement of this section.

SECTION 47-13-1360. Quarantine of exposed horses.

(A) When a reactor horse is identified on a premises, the state veterinarian shall quarantine all horses on that premises. All exposed quarantined horses tested must be properly identified by a mane or tail tag or other type of identification authorized by the state veterinarian. The reactor may be isolated not less than two hundred yards from other unaffected equines with the knowledge of the testing accredited veterinarian and state veterinarian and only may be moved with the permission of the state veterinarian. A sign must be displayed prominently at the location of the quarantined and isolated premises of the exposed and reactor horses indicating that the premises are quarantined for exposed horses or isolated for reactor horses at the expense of the horse owner.

(B) Before a quarantine for equine infectious anemia may be lifted by the state veterinarian, all exposed animals must be tested negative no sooner than forty-five days after the reactor has been removed from the herd.

SECTION 47-13-1365. Disposition of animal after second confirmatory test.

After a second confirmatory test of the reactor equine, the animal must be either:

(1) euthanized;

(2) identified and sold to slaughter or research, or

(3) permanently isolated not less than two hundred yards from other unaffected horses. If the owner of the reactor equine chooses to have the animal "permanently isolated not less than two hundred yards from other unaffected horses", the reactor must be permanently identified with a visible freeze brand (or other visible brand at the discretion of the administering accredited veterinarian) on the hip or neck of the reactor horse in a manner as specified by regulation promulgated under this chapter.

SECTION 47-13-1370. Proof of tests required for public assembly of horses.

(B) Horses which are permanently maintained at a public stable or other public facility must be tested for equine infectious anemia each twelve months.

SECTION 47-13-1380. Preventive measures for race tracks, horse shows, rodeos, horse owners and veterinarians.

(A) Officials at race tracks, horse shows, and rodeos are requested to:

(1) see that sanitary and other protective measures prescribed by the state veterinarian are carried out;

(2) ensure that tattoo instruments and saliva collecting equipment are adequately sterilized before being used on any horse;

(3) enforce rules preventing the use of hypodermic syringes and needles on horses by other than accredited veterinarians;

(4) require provision for and operation of adequate isolation facilities.

(B) Horse owners and practicing veterinarians are requested to:

(1) report immediately any suspect horse to the state veterinarian;

(2) use disposable hypodermic needles and syringes (one needle - one horse);

(3) institute and carry out proper sanitary and preventive measures, including control of biting insects.

(C) Organizations representing particular breeds of horses should recommend to individual farms and owners that the test for equine infectious anemia be administered to all animals and preventive measures as set forth in this article be instituted.

SECTION 47-13-1390. False certificates unlawful; penalties.

It is unlawful for any person to have in his possession a false certificate showing a negative Coggins test for any horse . A person convicted of having a false or forged certificate as set forth above must be punished in accordance with the provisions of Section 47-4-130.

SECTION 47-13-1400. Additional penalties for violation of article.

A person violating the provisions of this article is guilty of a misdemeanor and, upon conviction, must be punished in accordance with Section 47-4-130.

Section 47-4-60: CVI Exceptions

SECTION 47-4-60. Certificate of veterinary inspection; requirement for out-of-state livestock or poultry; quarantine of uncertified animals; exceptions.

(H) The Director of the Division of Livestock-Poultry Health may authorize equine interstate event permits that must include a certificate of veterinary inspection, animal identification, and a current negative Coggins test.

*Note: All laws are current through the end of the 2005 Regular Session of the General Assembly.

27-1015: Public Livestock Markets

27-1015. Public Livestock Markets.

A. Categories-Public Livestock Markets consist of these categories: Livestock Auction Markets; Livestock Slaughter Assembly Points; Dealers; Expositions; and Miscellaneous.

B. Definitions-See Section 47-4-10 and Regulation 27-1010 for additional definitions.

C. Livestock Auction Market (LAM)

1. A livestock auction market is a fixed, permanent facility that shall on a regularly scheduled day or days of each week offer for sale to the general public various species of livestock, according to the terms of the permit. The livestock auction market has assembly and holding pens, the services of an auctioneer, and veterinary services.

2. It shall be unlawful to operate an LAM without a current permit. Any person wishing to operate an LAM shall make written application for a permit to operate such market to the State Veterinarian (Code Section 47-11-30). All applications for a permit to operate an LAM shall be accompanied by a copy of the detailed plans and specifications of said LAM and premises. Applications and requirements may be obtained from the State Veterinarian. LAMs operating under such permits obtained prior to January 1, 1977, are exempt therefrom, unless such permit should be revoked by the Commission, but must maintain a current permit.

3. All LAM premises shall be thoroughly inspected by the Commission prior to the issuance of any permit. No permit shall be issued until all discrepancies are corrected or waived by the Commission. The permit will specifically indicate which species of livestock may be handled at the LAM. No species shall be handled at the market unless specifically identified in the permit.

4. The LAM operator shall display the permit in a suitable place for public inspection.

5. Permits shall be for a one year period, unless sooner revoked or suspended.

6. Facilities, Sanitation, Care.

(a) Facilities -Proper facilities for handling livestock shall consist of suitable pens in sufficient numbers for holding each species of livestock apart and separate. Separate pens shall be provided for livestock which may be suspected of being infected with or exposed to a contagious disease or which may show a positive reaction to a test indicating they are infected with a contagious disease.

(b) Restraint of Livestock for Examination -A satisfactory chute, holding pens and other facilities necessary, shall be available to restrain livestock for the purpose of examining, testing, and immunizing against contagious or infectious diseases.

(c) Veterinary Services -Facilities shall be provided for veterinary services for the purpose of conducting the preliminary brucellosis blood test and for keeping such equipment, drugs and supplies as may be necessary to the proper conduct of veterinary services.

(d) Cleaning and Disinfection -The premises, including yards, pens, alleys, and chutes shall be cleaned and disinfected in an approved manner following each sale in order to destroy any type of material which might be infected with any agent suspected of having been exposed to or harboring the causative agent or agents of any contagious or infectious disease affecting livestock.

(i) All areas within the Livestock Auction Market shall be cleaned and/or raked to the earth, and all manure and refuse removed from the Livestock Auction Market and such areas be sprayed with an approved disinfectant within 48 hours prior to the next sale.

(ii) All areas in the Livestock Auction Market shall be properly drained.

(iii) Bedding or the type bedding used shall be optional.

(e) Food/Water -The market shall ensure a continuous supply of clean water is available, at all times, and that sufficient feed troughs and feed are available to provide for animals held overnight.

(f) Square footage requirements per animal will be in accordance with any published federal regulations.

7. Records -Records shall be maintained according to Section 47-11-80 and Section 47-11-85 of the Code of Laws of South Carolina. The term "complete record" as stated in the law shall include the complete name and mailing address of buyers and sellers of all livestock. Any additional record keeping requirements are listed separately for each category. It is vital that premises of origin be identified for each animal. It is the responsibility of the market operator to ensure the records are readable, available and complete.

8. Veterinary Services

(a) The Commission shall furnish veterinary services at the Livestock Auction Market on the day of regularly scheduled sales. The State Veterinarian may appoint an accredited Deputy State Veterinarian (LAM Veterinarian) to assist in the inspection, examination and treatment of livestock in order to control and prevent the spread of contagious and infectious diseases. The State Veterinarian may authorize qualified personnel to draw samples necessary for required blood tests.

(b) No sale may be conducted without a designated representative of the State Veterinarian present, unless waived by the Commission.

(c) The market operator shall be responsible for providing sufficient assistance to the State Veterinarian's representative in the examination, testing, and treatment of Livestock.

(d) Quarantine of sick livestock may be authorized in accordance with regulation 27-1012.

(e) All charges for tests, serums, vaccines, services, treatments or labor performed by the LAM veterinarian/ representative or the market operator will be conspicuously posted on the premise and an itemized bill presented to the Buyer.

(f) Health Certifications -Livestock must possess all health certifications and tests required by law and these regulations, unless sold for immediate slaughter or resale for immediate slaughter. See Regulation 27-1011

9. Specific requirements for Cattle.

(a) Brucellosis Testing -When considered advisable by the State Veterinarian, the authorized representative of the State Veterinarian shall take a blood sample from cattle and shall test the blood in a manner approved by the State Veterinarian to determine if the cattle tested are free from serological evidence of the disease known as Brucellosis. This test will be a preliminary blood test and cattle sold as Brucellosis negative based upon the results of this test, will be sold as such subject to a re-test of the same blood by the Official State Brucellosis Laboratory.

(b) Fees for the LAM Veterinarian -The LAM veterinarian shall charge an appropriate fee, as approved by the State Veterinarian, for each blood test for brucellosis.

(c) Which Cattle Are to Be Tested -All female cattle and bulls over 6 months of age shall be blood tested for brucellosis with the following exceptions:

(i) Cattle that are to be sold for immediate slaughter;

(ii) Dairy and beef cattle under 20 months of age that have been officially vaccinated against brucellosis, unless the buyer or owner shall request a blood test; such vaccination shall be subject to confirmation by the State Veterinarian;

(iii) Cattle from certified herds when such certification is current and proof of certification is presented with the cattle and the cattle are not commingled with cattle from uncertified herds;

(iv) Cattle that have been tested and found negative to brucellosis within not more than 30 days prior to the date of the Livestock Auction Market Sale and when such cattle are accompanied by an official brucellosis test chart properly executed.

(d) Wherein Cattle Are Brucellosis Tested -Cattle shall be presented at the Livestock Auction Market prior to the sale and the seller or his agent shall indicate whether such cattle are to be sold for dairy, breeding or other purposes.

If the owner elects to sell his cattle for dairy or breeding purpose, the cattle shall be blood tested for brucellosis. The State Veterinarian's authorized representative shall take a blood sample from the cattle and shall run a preliminary brucellosis blood test on the serum. If the cattle be negative to this preliminary test, they or she may be sold as brucellosis negative subject to a re-test of the blood by the Official State Brucellosis Laboratory.

If cattle react to the preliminary blood test in serial dilutions that would classify the animal a suspect to brucellosis, then said cattle must be sold for immediate slaughter or returned to the seller's premises under quarantine. If cattle react to the preliminary blood test in serial dilutions that would classify the cattle as reactors, then such animal or animals must be branded and tagged by the State Veterinarian's authorized representative as brucellosis reactors and sold for immediate slaughter or returned to the seller's premises under quarantine.

10. Sick or Exposed Livestock

(a) Disposition of Sick or Exposed Livestock -If sick livestock are noted prior to unloading at the Public Livestock Market, then it shall be the right and duty of the Livestock Auction Market Veterinarian, the Market Operator or his employees, or any veterinarian or livestock inspector or livestock Law Enforcement Officer employed by the Commission or the Service to refuse permission for such livestock to enter the Public Livestock Market. It shall be the duty of any State or Federally employed Veterinarian or Livestock Inspector, or the Livestock Auction Market Veterinarian to issue a quarantine to the owner of such livestock and such livestock shall be returned to the premises of the owner under said quarantine, until the cause of the illness or suspected illness can be determined by the Commission.

(b) When Sick Livestock Are Noted in the Auction Market -If sick livestock are noted in the LAM, such livestock shall be moved to a quarantine pen and the seller of such livestock shall either return them to his premises under an official State quarantine until the cause of such illness or suspected illness can be determined by the Commission, or send them to immediate slaughter at a facility subject to inspection under state or federal veterinary procedure.

(c) Who Shall Quarantine Livestock -The Livestock Auction Market Veterinarian shall issue a quarantine verbally or in writing on livestock sick of, or suspected of being sick of or exposed to a contagious or infectious disease. Any veterinarian or Livestock Inspector or Livestock Law Enforcement Officer employed by the Commission or the Service, in the absence of or in cooperation with the Livestock Auction Market, shall also be empowered to issue quarantines. Quarantine shall be IAW Regulation 27-1012.

11. Identification of Livestock.

(a) It shall be the responsibility of the Market Operator to identify properly all livestock as the livestock is unloaded on the premises of the market, and at all times while the livestock is on the premises.

(b) Cattle shall be identified by the official State-Federal backtag, or other methods approved by the Commission or the Service.

(i) 100 lbs. or less-USDA eartag backtag, or bangle tag

(ii) 100-300 lbs.-USDA eartag, slap tattoo or bangle tag

(iii) 300 lbs. and over-USDA eartag, slap tattoo, bangle tag or backtag

(Note: Any swine which may be skinned should not be slap tattooed.)

(d) Sheep -individual backtags (not USDA)

(e) Goats -individual backtags (not USDA)

12. Health Status -Neither the Commission or its agents nor the Service or its agents are responsible for the health status of any livestock examined, treated or offered for sale or sold through any Public Livestock Market.

13. Penalties -Any person who operates a LAM contrary to the regulations or who shall fail to cooperate with the Commission, or its duly authorized agents shall be subject to punishment in accordance with Section 47-4-130.

D. Livestock Slaughter Assembly Point

1. A livestock slaughter assembly point (LSAP) is a livestock market where, on a regular schedule, as approved by the Commission, livestock is assembled for the sole purpose of sale for immediate slaughter.

2. Only species of livestock listed on the permit may be sold in the LSAP.

3. Sick livestock on market premises must be sold for immediate slaughter at an approved facility or quarantined on the premises.

4. Livestock entering a LSAP need not have a CVI, since such livestock are sold to a slaughter facility under state or federal veterinary inspection procedure.

5. Livestock sold for immediate slaughter or resale for immediate slaughter shall be removed from the LSAP premises within a maximum 10 days after first change of ownership on the premise.

6. All livestock entering the LSAP must be identified IAW Paragraph A.11 above.

7. The LSAP operator is responsible for ensuring the availability of veterinary services.

E. Dealer

1. The term "dealer" means any person who buys livestock

(i) for his own account for purposes of resale, or

(ii) for the account of others.

Exemptions: This shall not apply to a person who offers for sale or trade only livestock which he has raised or livestock which he owns or has had in his possession for a period of 60 days or longer or who had the livestock grown under contract, and is not engaged in the business of buying, selling, trading, or negotiating the transfer of livestock. Neither shall this apply to a livestock market operator conducting sales in compliance with the Public Livestock Markets Act.

2. Prohibited conduct: It shall be unlawful for any person to:

(1) Carry on or conduct the business of a livestock dealer without a current valid permit issued by the State Veterinarian.

(2) Fail to keep the records required.

3. Permits: Any person desiring to be permitted as a livestock dealer shall make application to the State Veterinarian. Bonding as required by Packers and Stockyards Administration.

Whenever an applicant has complied with these regulations, the State Veterinarian shall issue a permit to conduct business as a livestock dealer for a period of one year, unless such permit is sooner suspended, or revoked.

The permit fee is five dollars annually or for a part of a year. The permit year is March first to the last day of February. The Commission by regulation may increase the fee to not more than one hundred dollars (Code 47-11-30).

F. Expositions

1. An exposition is a fixed location where livestock is assembled for the purpose or public show, display, exhibition, and/or judging. It does not include any location wherein the sponsor or manager charges or receives a fee or commission for each animal which is bought, sold or traded while on the premises, where the express purpose of the assembly is the buying, selling, or trading livestock; or where the general public is not invited to view the assembled livestock.

2. A livestock exposition must have a current permit issued by the state veterinarian.

3. Expositions must maintain records as required by Section 47-11-80, including the name and address of the exhibitor.

4. The exposition operator is responsible for ensuring the availability of veterinary services.

G. Miscellaneous

1. This category encompasses all other livestock/poultry sales operations not otherwise described herein, and which are open to the general public. The permit will specifically describe the species of livestock/poultry which are authorized to be sold, and only those species are authorized to be sold by the permit holder.

2. Poultry sales shall be limited to chickens, doves and pigeons.

3. Animal sales shall be limited to goats and small animals such as rabbits, etc.

4. No livestock/poultry will be sold which originates from an out-of-state premise. All livestock/poultry sold must come directly to the sale from a South Carolina premise.

5. The permit holder must maintain those records required by Section 47-11-80 for a minimum of two years.

6. The permit holder is responsible for the availability of any necessary veterinary services.

27-1016: Regulations for Equine Facilities

27-1016. Equine Facilities.

A. General. These regulations are promulgated in accordance with S. C. Code Title 47, Chapters 4 and 13. Violations shall be punished in accordance withSection 47-4-140.

B. Definition.

1. Horse-for the purpose of this Article, "horse" means any member of the equine family including horses, mules, asses, zebras or other equadae.

2. Equine Sales Facility (ESF)-shall mean any premise where horses are assembled for the purpose of being sold, bartered or exchanged.

3. Equine Slaughter Assembly Point -This facility shall be deemed to be one operated by a person or persons, firm or corporation, that shall on a continuing daily basis or on several days of each week, purchase equine from the general public for immediate slaughter, such equine to be moved to a slaughter establishment within fifteen (15) days of purchase.

4. Additional applicable definitions are found in Code Sections 47-4-10 and 47-13-1310.

C. Equine Sales Facility (ESF)

1. Permits

a. All ESFs must possess a current permit issued by the Commission.

b. Application for an ESF permit shall be made to the Commission, P. O. Box 102406, Columbia, SC 29224-2406, on forms furnished by the Commission.

c. Applications must be accompanied by the detailed plans required by the permit application form.

d. The Commission shall inspect the premises to ensure the proposed facility will be in compliance with its requirements, prior to issuing the permit.

e. Issued permits are valid until the next March 1, unless sooner revoked or cancelled.

2. Records. See generally 47-11-80.

a. It shall be the responsibility of the ESF operator to ensure the EIA test results required, and Section 47-13-1350 is presented, prior to the horse being unloaded at the ESF.

b. Horses which do not possess current negative EIA certification (or if required, a CVI) may not be unloaded, and must leave the premises immediately.

c. The ESF operator shall maintain a file for each sale date, which shall include, that information required by Section 47-11-80, including but not limited to:

(1) a xerox copy of the official negative EIA certificate

(2) the name and address of the horses's owner

(3) the name and address of the person presenting the horse for sale (if different from its owner)

(4) the name of the horse and its lot number

(5) the name and address of any purchaser (or purchaser's agent)

d. It shall be the responsibility of the ESF operator to maintain those records in readable and complete form for two years from the date of the sale.

e. All records pertaining to an ESF sale shall be maintained on the permitted premises of the ESF, and made available to the Commission and its agents, upon request.

D. Equine Slaughter Assembly Point (ESAP)

1. General

a. Upon entry to this facility, equine may not be diverted for any purpose other than immediate slaughter.

b. To be licensed under this Regulation, the facility must have a current written agreement with an official government approved equine slaughter establishment. A copy of said agreement must be provided to the Clemson University Livestock-Poultry Health Division with the permit application.

2. Security

Adequate barns and pens must be of sufficient capacity and strength of enclosure to properly accommodate the anticipated number of animals that will be contained on the premise. There will also be required a perimeter fence at least two hundred yards from the hold facilities with gates locked when no facility personnel are present.

3. Humane Housing and Care of Animals

Animals must be housed in a facility that meet generally accepted standards for humane care, including adequate protection from adverse weather conditions and under a roofed facility and adequate provision for food and water.

The facility must provide a method of restraining animals for such procedures as identification, testing and treatment and in a manner that protects as much as possible against injury to animals and people.

4. Testing

Equine animals moving from S. C. premises to the Equine Slaughter Assembly Point may enter without a current EIA test.

Equine from other states may enter the facility without EIA testing or CVI provided they enter the state with identification acceptable to the State Veterinarian and are accompanied by a USDA Form 1-27 indicating they are moving to slaughter.

5. Known EIA Positive Animals

No known positive EIA reactor horses may enter the facility from out-of-state sources.

6. Records Required

a. Date of Purchase

b. Name and Address of Seller

c. Identification

d. Disposition

-When

-Where

-Proof of slaughter (require any existing negative EIAs as additional proof of slaughter be forwarded to State Veterinarian's Office; Exception: Horses going to slaughter in Canada).

e. Available to LPHD personnel and accessible at reasonable hours and of a type that ensures accountability.

f. Records shall be maintained by facility for at least two (2) years.

7. Movement of Animal From Facility

Any Equine after entering facility can leave only for shipment directly to slaughter, and may remain on the premises a maximum of fifteen (15) days.

Equine may be shipped to EASP's in other states with prior approval of the State Veterinarian and the receiving state's animal health authority. All known EIA positive horses must move on a USDA Form 1-27.

8. Sign at Entry Point (Required Sign At Entry Gate)

An easily readable sign, at least 4 feet high by 8 feet wide, must be prominently displayed at the entrance to the facility. At the top of the sign in large, easily readable letters, the following wording must be listed, "This is an Equine Slaughter Assembly Point. By penalty of law, no animal may move from this facility except directly to slaughter".

9. Restrictions

No facility licensed for and used as an Equine Sales Facility may be licensed for use as an Equine Slaughter Assembly Point.

10. Identification

All animals not otherwise identified must be identified when unloaded at the facility by a method acceptable to the State Veterinarian.

11. Suspension of Operation Order

It is the responsibility of the operator of the facility to maintain adequate health care for all animals and to care for them in a humane fashion.

Failure to provide adequate care for animals at all times will result in temporary or permanent suspension of licensure by the State Veterinarian.

12. Disestablishment

Once disestablished as an equine slaughter assembly point, the premises may not be used to house EIA negative equine, for a period of ninety (90) days after the departure of the last of any positive/exposed equine.

13. Quarantine Requirements

Owners/operators of ESAP's must comply with the quarantine requirements as established in 47-13-1360 at all times. If the owner/operator does not possess sufficient property to establish the required separation distance utilizing his own property, such separation distance may be achieved by lease, easement or other interest in contiguous and adjacent real property. It is the responsibility of the facility operator to ensure that no equine at the facility comes any closer than the mandatory minimum 200 yards distance to any other equine legally on contiguous or adjacent public or private property.

27-1013 and 27-1014: Importation of Livestock and Poultry

27-1013. Importation of Livestock.

A. Definitions. See Code Section 47-4-20 and Regulation 27-1010.

B. General. All livestock, as defined by 47-4-20(7), must, upon importation into the state, be accompanied by a CVI or an HP, unless specifically excepted herein.

C. Where these regulations are silent or are in direct conflict with federal regulations, the federal regulations will prevail.

D. The CVI/HP, in addition to the requirements of Section 47-4-60, and 27-1011, must contain the following:

1. Canines/Felines. The CVI must be accompanied by a rabies vaccination certificate, which properly identifies the animal. A CVI/HP shall not be issued, if:

(a) the canine/feline originated within an area under quarantine for rabies; or

(b) the canine/feline has been exposed to rabies; or

2. Equine. See Code Section 47-13-1350

3. Bovine. (Cattle)

(a) Tuberculosis.

(1) A TB testis not required provided the CVI indicates the cattle originated from an accredited TB free herd or a designated TB free state.

(2) All other cattle, including calves, must be tested negative within 30 days prior to entry.

(b) Brucellosis (Bang's Disease).

(1) Cattle, including calves and cattle for exhibition purposes, may be imported into the state, provided they come directly from herds meeting health status of one of the following classifications:

(a) Herds officially accredited Brucellosis-free.

(b) Unvaccinated calves under six (6) months of age will not be required to be blood tested prior to entry, provided they are identified as the progeny and come directly from certified Brucellosis-free herds or Brucellosis-negative herds in accordance with paragraph (a).

(c) Cattle officially vaccinated under Federal-State supervision with Brucella abortus vaccine between four (4) and eight (8) months of age which originate in herds in accordance with paragraphs (a), wherein all unvaccinated animals over six (6) months of age are negative to an official blood test within thirty (30) days prior to the date of entry and all vaccinated animals over twenty (20) months of age which give titers not exceeding the accepted minimum test standards as recommended by the United States Animal Health Association and approved by the State and Federal authorities, may be imported into the state.

(d) Cattle under twenty (20) months of age officially vaccinated with Brucella abortus vaccine between four (4) and eight (8) months of age which originate in herds in accordance with paragraph (a) may be imported into the state without an official blood test, but the importation shall be at the request of the purchaser and subject to the approval and special written permit issued by the State Veterinarian.

(e) Cattle not provided for in above classifications may enter the state provided they were negative to an official test for Brucellosis within thirty (30) days prior to entry.

(2) Tests for Brucellosis shall be conducted in a laboratory approved by the proper livestock sanitary official of the state where the cattle originate. All tests shall be conducted by one of the methods recommended by the United States Animal Health Association and approved by State and Federal authorities of the state of origin.

(3) The CVI for the importation of calves under six (6) months of age, as provided in paragraph (c), shall include the Brucellosis status of the herd in which they originate.

(4) Cattle recognized as officially vaccinated with Brucella abortus vaccine shall be identified by tattoo in the right ear, giving the quarter of the year in which they were injected by either one (1), two (2), three (3) or four (4), followed by the U. S. Register Shield and "V" and the last digit of the year, in the case of calves. Vaccinates not identified as described above shall not be recognized as such for importation into South Carolina. The Brucellosis Shield information shall be recorded on the CVI.

(5) Feeder steers may be imported without a Brucellosis test but shall be accompanied by a CVI and individual animal identification.

(6) Public Stockyards and Auctions-No cattle approved for entry into the state as free from Tuberculosis or Brucellosis shall, prior to shipment, be assembled, handled or confined in any public stockyard, livestock auction, sales, stable or yard, unless they are properly segregated in thoroughly cleaned and disinfected pens to prevent their exposure to infected cattle or premises.

(7) Immediate Slaughter-Cattle for immediate slaughter may be imported into the state without a CVI provided the cattle are covered by a waybill or certificate marked for immediate slaughter shipped directly to a slaughtering establishment or slaughtering center that is approved and designated by the Service and/or the State Veterinarian. Such cattle shall be slaughtered within ten (10) days after arrival at destination, except when the ten-day period is extended by special permit from the State Veterinarian.

(1) No cattle infested with fever ticks (Margaropus Annulatus or M. Australis) or exposed to such tick infestation shall be shipped, trailed, driven or otherwise imported into the state for any purpose.

(2) Cattle from Federal-State tick quarantined areas shall not be imported into this state except in accordance with regulations of the Service.

(3) No cattle infested with Scabies shall be shipped, trailed, driven or otherwise imported into this state for any purpose.

(4) No cattle recently exposed to Scabies or from an area quarantined on account of Scabies shall be imported into this state except in accordance with the regulations of the Service.

4. Sheep and Goats.

A. Sheep and goats for dairy, exhibition, and breeding purposes to be imported into this State shall be individually identified and accompanied in all cases by a CVI. Animals imported for dairy purposes must be accompanied by negative test results for tuberculosis and brucellosis conducted within thirty (30) days prior to importation.

B. Scabies. Sheep and goats that have been handled in stockyards, stock pens or on premises in public use for livestock shall not be imported into this state until after they have been dipped in accordance with the regulations of the Service, and while in transit, they shall be accompanied by a certificate certifying such dipping.

C. The CVI covering importation shall include a report of inspection indicating that the sheep or goats are not infected with, exposed to or from a flock or area under quarantine for Scabies, Scrapie, Blue Tongue or any other infectious, contagious or communicable disease.

D. Sheep and goats for purposes other than immediate slaughter shall be imported in conveyances that have been cleaned and disinfected with an approved disinfectant immediately prior to loading animals.

E. Immediate Slaughter. Apparently healthy sheep and goats may be imported into this state for the purpose of immediate slaughter when consigned directly to a slaughtering establishment or slaughtering center that is approved and designated by the Service, and/or the State Veterinarian. Such sheep and goats shall be accompanied by a waybill or certificate marked for immediate slaughter, and shall be slaughtered within ten (10) days after arrival at destination, except when the ten-day period is extended by a special permit from the State Veterinarian.

5. Swine.

A. See generally Code Sections 47-6-10, et. seq. No swine for feeding or breeding purposes may be imported into the state without an entry permit issued by the State Veterinarian.

B. All swine, except those designated for slaughter, imported into this State shall be accompanied by a CVI. All swine must be individually identified with an eartag or other acceptable method of permanent identification. Purebred swine, if not eartagged, shall be identified by registry name and number and a description sufficient to identify the animal.

C. Breeding swine shall come directly from herds validated for brucellosis.

D. Breeding swine must be negative to an official test for pseudorabies within 30 days prior to entry or originate directly from a qualified pseudorabies herd.

E. Swine may be imported into the State without a CVI if they are individually identified, covered by a waybill or certificate marked for immediate slaughter and consigned directly to an approved and state/federal inspected slaughter establishment.

6. Wild/Feral/Exotic Animals.

A. All wild, feral or exotic animals, capable of carrying or transmitting diseases reportable in regulation 27-1111 above, in addition to a CVI, also meet any health requirements for these diseases imposed upon domestic livestock unless otherwise noted or waived by the State Veterinarian, and must have necessary approval from other concerned state agencies.

B. Each such animal must be individually and permanently identified.

C. Each such animal must also have an entry permit issued by the State Veterinarian.

D. Cervidae.

(1) Brucellosis. A negative test for brucellosis within thirty (30) days prior to entry into South Carolina.

(2) TB. A negative cervical test, conducted IAW Veterinary Service Notice of December 31, 1990 for tuberculosis within thirty (30) days prior to entry into South Carolina.

E. Camellidae

(1) A negative brucellosis test within thirty (30) days prior to entry.

(2) A negative TB test within thirty (30) days prior to entry.

E. Vesicular Stomatitis Restrictions. Wild and domesticated hoofed animals, including but not limited to bovine, equine, porcine, ovine, caprine and cervidae, are prohibited entry into South Carolina if they have been exposed to Vesicular Stomatitis within the thirty (30) days immediately preceding their entry into South Carolina, or if they originated from an area within ten (10) miles of a premise where Vesicular Stomatitis has been diagnosed in the thirty (30) days immediately preceding entry into South Carolina. All animals described above which originate in a state or area in which Vesicular Stomatitis has been diagnosed must have the following statement written by the accredited veterinarian issuing the CVI:

"All animals identified on the certificate have been examined and found to be free of Vesicular Stomatitis. During the past thirty (30) days, these animals have not been exposed to Vesicular Stomatitis nor located within ten (10) miles of an area where Vesicular Stomatitis has been diagnosed."

27-1014. Importation of Poultry.

A. All poultry defined in the Provisions of the National Poultry Improvement Plan entering the State shall be U. S. Pullorum-Typhoid Clean or equivalent or be accompanied with a CVI stating the poultry was tested negative for pullorum and typhoid utilizing an approved test within 30 days prior to entry.

B. Poultry certified under the National Poultry Improvement Plan.

1. All started poultry (poultry that has been fed and watered) entering the State shall have an approved permit prior to entry.

2. The prior permit request shall be on a form approved by the State Veterinarian and shall show such information as needed to assure that the birds to be imported are U. S. Pullorum-Typhoid Clean and have been exposed to no diseases or vaccines that will endanger the poultry residing in the State. In addition, there shall be a certification by the shipper that the poultry will be moved in cleaned and disinfected vehicles and containers in accordance with the Code of Federal Regulations, Title 9, Part 71. In addition, all egg type chickens must have originated from U. S. S Enteritidis Monitored stock.

3. Poultry for immediate slaughter will be exempt from these provisions.

4. Poultry entering the State for Exhibition purposes only that remain identified under the Plan as U. S. Pullorum-Typhoid Clean are exempt from these provisions, provided they are accompanied by proper NPIP certification on a current VS Form 9-2 or with a CVI showing a negative test for Salmonella pullorum and Salmonella gallinarium within the last 30 days, that the certified poultry appears healthy, and has not been exposed to infectious or contagious disease including avian influenza, velogenic Newcastle disease, infectious coryza or laryngotracheitis or any live virus vaccine for 30 days prior to the date of entry.

C. Poultry excluded from Provisions of the National Poultry Improvement Plan (Pigeons, doves).

1. Poultry excluded from the Plan may enter the State only when accompanied by a CVI issued within 30 days prior to entry which states the birds are not showing signs of infectious, contagious of communicable diseases, and have not been exposed to infectious of contagious diseases including velogenic Newcastle disease for 30 days prior to entry.

2. [None]

D. Poultry not certified under the National Poultry Improvement Plan (NCP).

1. Non-certified poultry (including ratites such as ostrich, rhea, and emu) may enter the State only when accompanied by a CVI, issued within 30 days prior to entry, which states that the NCP is not showing signs of infectious or communicable diseases and

2. That the NCP has had a negative avian influenza test within 10 days prior to entry and

3. The CVI shows the NCP's permanent identification number and the S. C. Entry permit number.

27-5000 to 27-5011: Equine Slaughter Only Assembly Point Facility

ARTICLE 21.

EQUINE SLAUGHTER ONLY ASSEMBLY POINT FACILITY

27-5000. Definitions.

A. Definition

Equine Slaughter Only Assembly Point -This facility shall be deemed to be one operated by a person or persons, firm or corporation, that shall on a continuing daily basis or on several days of each week, purchase equine from the general public, for immediate slaughter and such equine to be moved to a slaughter establishment within fifteen (15) days of purchase. Equine purchased by this facility or its representative may not be diverted for any purpose other than immediate slaughter.

In order to be licensed under this Regulation, the facility must have a current written agreement with an official government approved equine slaughter establishment. A copy of said agreement must be provided to the Clemson University Livestock-Poultry Health Division prior to licensure.

B. Geographic Requirements

Owners/operators must comply with the quarantine requirements as established in 47-13-1350 at all times. If the facility operator does not possess sufficient property to establish the required separation distance utilizing his own property, such separation distance may be achieved by lease, easement or other interest in contiguous and adjacent real property. It is the responsibility of the facility operator to ensure that no equine at the facility comes any closer than the mandatory minimum 200 yards distance to any other equine legally on contiguous or adjacent public or private property.

C. Security

Adequate barns and pens must be of sufficient capacity and strength of enclosure to properly accommodate the anticipated number of animals that will be contained on the premise. There will also be required a perimeter fence at least two hundred yards from the holding facilities with gates locked when no facility personnel are present.

D. Humane Housing and Care of Animals

Animals must be housed in a facility that meets generally accepted standards for humane care, including adequate protection from adverse weather conditions and under a roofed facility and adequate provision for food and water.

E. Cleaning and Disinfection

All areas of the holding facilities shall have proper drainage and shall be cleaned and disinfected as the State Veterinarian or his authorized agent may prescribe.

27-5001. Permits.

A. Permits

On or after July 1, 1993, any person, persons, firm or corporation wishing to operate an Equine Slaughter Assembly Point shall make written application to the State Veterinarian on the forms furnished by the office of the State Veterinarian and shall show the full name and address of all persons having a financial interest in the facility, the name of the office manager and person in charge, the name under which the facility will operate and its exact location, and a copy of the agreement with the slaughter establishment.

B. Inspection

Upon filing of the application on the forms provided, an authorized agent of the State Veterinarian shall make an inspection of the premises of the applicant and if the proposed facility can comply with the provisions of these regulations, the State Veterinarian shall issue the permit. This permit may be revoked by the State Veterinarian for any violation of the provisions of these regulations.

C. Duration of Permits

All permits issued under the provisions of these regulations shall be effective until revoked by the State Veterinarian. Periodically, personnel of the Livestock-Poultry Health Division will inspect the facility for compliance.

27-5002. Testing.

Equine animals moving from S. C. premises to the Equine Slaughter Assembly Point may enter without a test.

Equine animals from other states may enter the facility without testing provided they enter the state with identification acceptable to the State Veterinarian (minimal standard, a USDA Backtag) and are accompanied by a USDA Form 1-27 indicating they are moving to slaughter.

Known EIA Positive Animals from S. C. Premises of Origin

EIA positives or exposed animals may enter the facility provided they are identified in an acceptable manner, (branded by a state or federal animal health employee) and move on a USDA Form 1-27 with prior approval of the State Veterinarian's Office. At the facility they will be penned in separate pens so marked.

Interstate Movement of Known EIA Positive Animals To The Facility

Known EIA positive equine animals from other states may not enter this facility.

27-5003. Records Required.

1. Date of Purchase

2. Name and Address of Seller

3. Identification

4. Disposition

-When

-Where

-Proof of slaughter

5. Available to LPHD personnel and accessible at reasonable hours and of a type that ensures accountability.

6. Records shall be maintained by facility for at least two (2) years.

27-5004. Movement of Animals From Facility.

Any Equine after entering facility can only leave for shipment directly to slaughter and within a maximum of 15 days.

27-5005. Bonding.

This facility must meet the bonding requirements as set forth by the USDA Packers and Stockyards Administration.

27-5006. Penalties.

Any person who shall violate any provisions set forth in these regulations shall be subject to the punishment in accordance with Section 47-13-1400 which states, "that any person violating the provisions of this article is guilty of a misdemeanor and upon conviction must be fined in an amount not to exceed one thousand dollars or imprisoned not to exceed six months."

27-5007. Sign At Entry Point (Required Sign At Entry Gate).

An easily readable sign: at least 4 feet high by 8 feet wide must be prominently displayed at the entrance to the facility. At the top of the sign in large, easily readable letters, the following wording must be listed, "Official Equine Quarantine Facility". To be followed by, "This is an Equine Slaughter Only Assembly Point Facility. All animals are considered EIA Positive or Exposed. By penalty of law, no animal may move from this facility except directly to slaughter".

27-5008. Restrictions.

No facility licensed for and used as an Equine Auction Market may be licensed for use as an Equine Slaughter Assembly Point Facility.

27-5009. Identification.

All animals not otherwise identified must be identified when unloaded at the facility by a method acceptable to the State Veterinarian (at the minimum, a USDA Backtag).

27-5010. Suspension of Operation Order.

It is the responsibility of the operator of the facility to maintain adequate health care for all animals and to care for them in a humane fashion.

Failure to provide adequate care for animals at all times will result in temporary or permanent suspension of licensure by the State Veterinarian.

27-5011. Disestablishment.

Once disestablished as an equine slaughter facility, the premises may not be used to house EIA negative equine, for a period of ninety (90) days after the departure of the last positive/exposed equine.

27-1030 to 27-1038: Livestock Auction Market Regulations

ARTICLE 16.

LIVESTOCK MARKETS

SUBARTICLE I.

LIVESTOCK AUCTION MARKETS

27-1030. Definition of Terms to be Used in All Subarticles of These Rules and Regulations.

(A) Livestock Auction Market Defined--A Livestock Auction Market shall be deemed to be a market operated by a person or persons, firm or corporation, that shall on a regularly scheduled day or days of each week offer to the general public for the sale of livestock the facilities of livestock assembly and holding pens, the services of an auctioneer, and the services of a veterinarian as prescribed under Section 47-11-140 of the 1976 Code of Laws of South Carolina and as further prescribed under 27-1034 of these regulations. For the aforementioned services and facilities, the Livestock Auction Market operator shall receive from the owner of each animal sold a sum of money generally known as a commission fee.

(B) Livestock Defined--The term "livestock" for the purposes of these regulations shall refer to cattle, swine, sheep, goats, horses, mules and asses.

(C) Approved Disinfectant--The term "approved disinfectant" as hereinafter used in these regulations shall be deemed to be a disinfectant approved by the State Veterinarian.

(D) Seller--The term "seller" as hereinafter used in these regulations shall be the person, persons, firm or corporation who shall legally own the animals at the time they are presented for sale at the Livestock Auction Market, or any other public assembly for the sale of livestock, or it shall refer to that person who is acting as the duly authorized agent for the legal owner of said livestock.

(E) Buyer--The term "buyer" as hereinafter used in Subarticle I of these regulations shall be the person, persons, firm or corporation who shall purchase any livestock offered for sale through the Livestock Auction Market, or it shall refer to that person who is acting as the duly authorized agent for the buyer of said livestock.

(F) Livestock Auction Market Veterinarian--The term "Livestock Auction Market Veterinarian" as hereinafter used in Subarticle I of these regulations shall be any veterinarian authorized by the State Veterinarian to attend the Livestock Auction Market as official veterinarian under the provisions of Section 47-11-140 of the 1976 Code of Laws of South Carolina.

(G) Highest Dollar--The term "highest dollar" as hereinafter used in Subarticle I of these regulations shall refer to a request by the seller that his livestock be sold through the Livestock Auction Market for dairy or breeding purposes or for other purposes, whichever shall bring him the highest monetary return.

(H) Official Brucellosis Blood Test--The term "official brucellosis blood test" as hereinafter used in these regulations shall be an agglutination test for brucellosis run on a serum sample obtained from blood of livestock and shall be that test conducted by the Official State Brucellosis Laboratory.

(I) Preliminary Brucellosis Blood Test--The term "preliminary brucellosis blood test" as hereinafter used in Subarticle I of these regulations shall be an agglutination test for brucellosis run on a serum sample obtained from blood of livestock and shall be that test conducted by the Auction Market Veterinarian according to the recommendations of the State Veterinarian.

(J) Swine and/or Hogs--When the term "swine and/or hogs" is hereinafter used in these regulations it shall refer to any age, weight, sex, or breed of the porcine species unless otherwise indicated.

(K) Serum--When the term "serum" is hereinafter used in these regulations it shall refer to anti-hog-cholera serum or antibody concentrate unless otherwise indicated.

(L) Modified Live Vaccine--When the term "modified live vaccine" is hereinafter used in these regulations it shall refer to modified hog cholera vaccine of rabbit or tissue culture origin unless otherwise indicated.

(M) Highest Bidder--When the term "highest bidder" is hereinafter used in these regulations it shall refer to that person making the highest bid on livestock offered for sale at auction and for the purpose of these regulations, that person shall be considered the buyer of the livestock with all responsibilities attendant thereunto.

(N) Sick hogs--When the term "sick hogs" is hereinafter used in these regulations it shall refer to swine that are infected with an infectious or contagious disease, or swine that are suspected of being infected with an infectious or contagious disease, or swine that have been exposed to an infectious or contagious disease or swine that are suspected of having been exposed to an infectious or contagious disease.

(O) Immediate Slaughter--When the term "immediate slaughter" is hereinafter used in these regulations it shall be deemed to mean that livestock purchased for immediate slaughter be slaughtered within 10 days.

(P) Official State Brucellosis Laboratory--The term "Official State Brucellosis Laboratory" as hereinafter used in these regulations shall be the Clemson Diagnostic Laboratory located at Pontiac, S. C., the mailing address being P. O. Box 218, Elgin, South Carolina 29045, or such other laboratory as designated by the State Veterinarian.

27-1031. Permits.

(A) Permit--Any person or persons, firm or corporation wishing to operate a Livestock Auction Market shall make written application for a permit to operate said market to the State Veterinarian outlining the day or days of each week auction sales will be held and the facilities available for handling the various species of livestock offered for sale. All applications for a permit to operate a market shall be accompanied by a copy of the plans and specifications in detail of said Livestock Auction Market and premises. Livestock Auction Markets operating under permits obtained prior to the writing of these regulations shall be exempt from the provisions of 27-1031 of these regulations unless such existing permit should be revoked by the Technical Livestock Committee.

(B) Inspection of Livestock Auction Markets by Technical Livestock Committee--Upon inspection of the Livestock Auction Market by the Technical Livestock Committee or its agents, if it is found that suitable facilities are available and put in use as described under 27-1032 of Subarticle I of these regulations, a permit for operation of said Livestock Auction Market shall be issued by the State Veterinarian.

(C) Revocation of Permits--All permits issued and previously issued by the Technical Livestock Committee shall be valid unless revoked by the Technical Livestock Committee for lack of cooperation in complying with the law, rules and regulations.

(D) Display of Permit--The Livestock Auction Market Operator shall display the permit for operation in a suitable place for public inspection.

27-1032. Facilities for Handling Livestock and for Cleaning and Disinfecting of Livestock Auction Markets.

(A) Facilities--Proper facilities for handling livestock shall consist of suitable pens in sufficient numbers for holding each species of livestock apart and separate. Separate pens shall be provided for livestock which may be suspected of being infected with or exposed to a contagious disease or which may show a positive reaction to a test indicating they are infected with a contagious disease.

(B) Restraint of Livestock for Examination--A satisfactory chute, holding pens and other facilities necessary, shall be available to restrain livestock for the purpose of examining, testing, and immunizing against contagious or infectious diseases.

(C) Facilities for the Livestock Auction Market Veterinarian--Facilities shall be provided for the Livestock Auction Market Veterinarian for the purpose of conducting the preliminary brucellosis blood test and for keeping such equipment, drugs and supplies as may be necessary to the conduct of his official duties.

(D) Cleaning and Disinfection--The premises, including yards, pens, alleys, and chutes shall be cleaned and disinfected in an approved manner following each sale in order to destroy any type of material which might be infected with any agent suspected of having been exposed to or harboring the causative agent or agents of any contagious or infectious disease affecting livestock.

(1) All areas within the Livestock Auction Market shall be cleaned and/or raked to the earth, and all manure and refuse removed from the Livestock Auction Market and such areas be sprayed with an approved disinfectant within 48 hours prior to the next sale.

(2) All areas in the Livestock Auction Market shall be properly drained.

(3) Bedding or the type bedding used shall be optional.

27-1033. Records.

(A) Records--Records shall be maintained according to Section 47-11-80 of the 1976 Code of Laws of South Carolina. The term "complete record" as stated in the law shall include the complete name and mailing address of buyers and sellers of all livestock.

27-1034. Livestock Auction Market Veterinarian.

(A) Who Shall Provide the Services of the Livestock Auction Market Veterinarian--The Clemson University Livestock-Poultry Health Division shall furnish the services of a veterinarian to attend the Livestock Auction Market on the day of regularly scheduled sales. For this purpose the State Veterinarian may approve an accredited Deputy State Veterinarian to assist in the inspection, examination and treatment of livestock in order to control and prevent the spread of contagious and infectious diseases.

(B) Who Shall Provide Help for the Veterinarian--The operator of a Livestock Auction Market shall work out a satisfactory agreement between him and the seller and/or buyer to furnish the Veterinarian sufficient help in the examination treatment, or testing of livestock.

27-1035. Specific Regulations Covering the Handling, Treating, Testing and Examination of Cattle.

(A) Brucellosis Testing--Upon request of the buyer or seller and/or according to the provisions of 27-1035 of these regulations the Livestock Auction Market Veterinarian shall take a blood sample from cattle and shall test the blood in a manner approved by the State Veterinarian to determine if the cattle tested are free from serological evidence of the disease known as brucellosis or if serological evidence exists that such cattle tested have, or may have, the disease known as brucellosis. This test will be a preliminary blood test and cattle sold as brucellosis negative based upon the results of this test, will be sold as such subject to a re-test of the same blood by the Official State Brucellosis Laboratory.

(B) Fees for the Livestock Auction Market Veterinarian--The veterinarian shall charge a fee of 75or each cow blood tested for brucellosis.

(C) Which Cattle Are to Be Tested--All female cattle and bulls over 6 months of age shall be blood tested for brucellosis with the following exceptions:

(1) Cattle that are to be sold for immediate slaughter;

(2) Cattle consigned to recognized feed lots for feeding purposes;

(3) Dairy cattle under 20 months and beef cattle under 24 months of age that have been officially vaccinated against brucellosis, unless the buyer or owner shall request a blood test; such vaccination shall be subject to confirmation by the State Veterinarian;

(4) Cattle from certified herds when such certification is current and proof of certification is presented with the cattle;

(5) Cattle that have been tested and found negative to brucellosis within not more than 30 days prior to the date of the Livestock Auction Market Sale and when such cattle are accompanied by an official brucellosis test chart properly executed.

(D) Wherein Cattle Are Brucellosis Tested--Cattle shall be presented at the Livestock Auction Market prior to the sale and the seller or his agent shall indicate whether such cattle are to be sold for dairy or breeding purposes or for the highest dollar.

If the owner elects to sell his cattle for any of the foregoing, they shall be blood tested for brucellosis. The Livestock Auction Market Veterinarian shall take a blood sample from the cattle and shall run a preliminary brucellosis blood test on the serum. If the cattle be negative to this preliminary test, they or she may be sold as brucellosis negative subject to a re-test of the blood by the Official State Brucellosis Laboratory.

If cattle react to the preliminary blood test in serial dilutions that would classify the animal a suspect to brucellosis, then said cattle must be sold for immediate slaughter or returned to the seller's premises under quarantine. If cattle react to the preliminary blood test in serial dilutions that would classify the cattle as reactors, then such animal or animals must be branded and tagged by the Livestock Auction Market Veterinarian as brucellosis reactors and sold for immediate slaughter or returned to the seller's premises under quarantine.

27-1036. Specific Rules and Regulations Regarding the Sale of Swine.

(A) Swine to Be Treated Against Hog Cholera Except as Noted Under Paragraphs B, C, D, and I--All swine entered into a Livestock Auction Market for other than immediate slaughter shall be inoculated against hog cholera using serum alone. The dosage of serum shall be determined by agreement between the State Veterinarian and the Livestock Auction Market Veterinarian. All swine so inoculated shall be properly identified by an ear tag or other means of identification furnished to the market veterinarian by the Livestock-Poultry Health Division.

(B) Hog Cholera Treatment of Sows and Their Pigs--Pregnant sows and gilts shall be given anti-hog-cholera serum alone. Pigs suckling the dam, when both are entered in the sale and both are purchased by the same owner, may be given serum alone.

(C) Hog Cholera Treatment of "No Sale" Hogs--Hogs being entered into a Livestock Auction Market and subsequently not being sold, shall, before they are allowed to leave the Livestock Auction Market, be inoculated against hog cholera according to the provisions of Section 47-11-110 of the 1976 Code of Laws of South Carolina and 27-1036(A) of these rules and regulations, except as noted under 27-1036(B) and (D).

(D) "No Sale" Hogs Moved for Immediate Slaughter--When hogs enter a Livestock Auction Market and the owner subsequently elects not to sell such, the Livestock Auction Market Veterinarian may issue the owner a permit to move such hogs for immediate slaughter without inoculating them against hog cholera, provided that the Scale Ticket or a receipt for sale from the Slaughtering Establishment to which the hogs move is returned to the Livestock Auction Market Veterinarian.

(E) Restriction on Entering Market--No swine, except for immediate slaughter, shall enter a market more than 24 hours prior to a sale, and those swine entering a market not for immediate slaughter shall be inoculated with serum within 24 hours following termination of the sale.

(F) Quarantine Pens--Separate pens shall be provided for holding hogs which have or are suspected of having been exposed to a contagious or infectious disease, and said pens shall be properly identified.

(G)(1) Disposition of Sick or Exposed Hogs--If sick hogs are noted prior to unloading at the Livestock Auction Market, then it shall be the right and duty of the Livestock Auction Market Veterinarian, the Livestock Auction Market Operator or his employees, or any veterinarian or livestock inspector or livestock Law Enforcement Officer employed by the State Veterinarian or the Animal and Plant Health Inspection Service, United States Department of Agriculture, to refuse permission for such hogs to enter the Livestock Auction Market. It shall be the duty of any State or Federally employed Veterinarian or Livestock Inspector, or the Livestock Auction Market Veterinarian to issue a quarantine to the owner of such hogs and such hogs shall be returned to the premises of the owner under said quarantine, until the cause of the illness or suspected illness can be determined by the State Veterinarian.

(2) When Sick Hogs Are Noted in the Auction Market--If sick hogs are noted in the Livestock Auction Market, such hogs shall be moved to a quarantine pen and the seller of such hogs shall either return them to his premises under an official State quarantine until the cause of such illness or suspected illness can be determined by the State Veterinarian, or send them to immediate slaughter subject to inspection.

(H) Who Shall Quarantine Livestock--The Livestock Auction Market Veterinarian shall have the right and shall be expected to issue a quarantine verbally or in writing on livestock sick of, or suspected of being sick of or exposed to a contagious or infectious disease. Any veterinarian or Livestock Inspector or Livestock Law Enforcement Officer employed by the State Veterinarian or the Animal and Plant Health Inspection Service, United States Department of Agriculture, in the absence of or in cooperation with the Livestock Auction Market Veterinarian shall also be empowered to issue quarantines.

(I) Hog Cholera Treatment of Swine Interstate to Certain States--Swine consigned for interstate movement may be treated with anti-hog-cholera serum alone or antibody concentrate alone to states whose laws, rules and regulations provide for such prophylaxis. Such swine must be moved interstate within 5 days (120 hours) after receiving such prophylaxis.

(J) Identification of Swine Sold for Slaughter--Swine sold for slaughter shall be identified by a yellow paint mark at least 3 by 3 inches, and accompanied by an original slaughter certificate indicating the date, name of market, name and address of buyer, the number of swine, and the signature of the buyer or his agent. A copy of the slaughter certificate will be furnished to the State Veterinarian's office. The market shall be responsible for marking the swine and issuing the slaughter certificate.

27-1037. Guarantee of Health Status.

The Livestock Auction Market Operator, the Technical Livestock Committee, the State Veterinarian, or any of their employees, agents, or authorized representatives, shall not be held responsible for or guarantee the health status of any animals examined, treated and/or offered for sale or sold through the said market; provided, further, that any dissatisfaction or controversy about the health status of an animal shall be the responsibility of the seller and buyer.

27-1038. Penalties

Any person or persons, firm or corporation who shall operate a Livestock Auction Market contrary to the above rules and regulations, and who shall fail to cooperate with the State Veterinarian, his assistant duly authorized representative, and/or the Technical Livestock Committee, in preventing, controlling, and eradication of contagious, infectious and communicable diseases of livestock, shall be subject to punishment in accordance with the laws, rules and regulations pertaining thereto.

*Note: All regulations are current through December 2004.

Site Updated 08/29/2006

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South Carolina State Veterinarian: Dr. John A. "Tony" Caver

Animal Health Laws & Regulations

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