S.C. Code Regs. § § 27-1016

Current through Register Vol. 48, No. 11, November 22, 2024
Section 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 with Section 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.

S.C. Code Regs. § 27-1016

Amended by State Register Volume 19, Issue No. 5, eff May 26, 1995.