S.C. Code Regs. § § 27-1015

Current through Register Vol. 48, No. 10, October 25, 2024

Section 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 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 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.

(c) Swine:

(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.

S.C. Code Regs. § 27-1015

Amended by State Register Volume 19, Issue No. 5, eff May 26, 1995; State Register Volume 25, Issue No. 5, Part 1, eff May 25, 2001.