reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 50 - Southern Interstate Dairy Compact › Section 46-50-60. Violation of compact as offense; penalty.

A person violating any provision of this chapter, or the provisions of the Southern Interstate Dairy Compact, or any rule or regulation adopted pursuant to either this chapter or the compact, is guilty of a misdemeanor and, upon conviction, may be punished by a fine of not less than one thousand dollars nor more than five thousand dollars or by imprisonment for a term of not more than one year, or both, for each separate offense. Each day upon which a violation occurs or continues constitutes a separate offense.
HISTORY: 1998 Act No. 420, Section 1, eff June 8, 1998.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 51 - Aquaculture Permit Assistance Office › Section 46-51-10. Aquaculture Permit Assistance Office created; permit facilitator to be designated; powers and duties.

There is created within the Department of Agriculture an Aquaculture Permit Assistance Office. A permit facilitator must be designated by the Commissioner of Agriculture to carry out the functions of the Aquaculture Permit Assistance Office. The permit facilitator shall provide a potential aquaculturist with such information, services, and assistance as may be necessary including, but not limited to:
(1) assistance in obtaining all permits from the various permitting agencies required to operate an aquaculture operation;
(2) technical assistance from the various state and private agencies and institutions involved in aquaculture research;
(3) assistance throughout the entire permit process and information concerning changes to a state or federal law or regulation which may affect the outcome of a permit application or change the permitting process;
(4) application forms.
HISTORY: 1988 Act No. 587, Section 1, eff June 3, 1988.
Editor's Note
The Preamble of 1988 Act No. 587, provides as follows:
"Whereas, aquaculture is an important form of both fisheries and agriculture. The Department of Agriculture will be responsible for coordination of promotion and marketing of aquaculture development in the State and for facilitating acquisition of aquaculture permits. The Wildlife and Marine Resources Department will be responsible for aquacultural law enforcement and coordination of research and development. Both agencies shall coordinate their respective efforts with all other agencies of state government."
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 51 - Aquaculture Permit Assistance Office › Section 46-51-20. Single application form for all permitting agencies to be established.

Within ninety days after the creation of the office the facilitator shall meet with the director of the Department of Health and Environmental Control, the director of the South Carolina Department of Natural Resources and the director of the Department of Administration to establish one application form which must be used by all the permitting agencies when a potential aquaculturist is seeking permits, licenses, and certifications to begin an aquaculture operation. The permit facilitator shall recognize the value and integrity of the permitting programs of each of the state's regulatory agencies listed above and seek to maintain the division of authority.
HISTORY: 1988 Act No. 587, Section 1, eff June 3, 1988; 1993 Act No. 181, Section 1165, eff July 1, 1994.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 51 - Aquaculture Permit Assistance Office › Section 46-51-30. Procedure to obtain permits.

An individual seeking to obtain the necessary permits to begin an aquaculture operation must be directed to the Aquaculture Permit Assistance Office to complete an application and provide all information required by the permitting agencies to process the application and render a decision.
HISTORY: 1988 Act No. 587, Section 1, eff June 3, 1988.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 53 - Agritourism Activity Liability › Section 46-53-10. Definitions.

As used in this chapter:
(1) "Agritourism activity" means any activity carried out on a farm or ranch that allows members of the general public, for recreational, entertainment, or educational purposes, to participate in rural activities.
(2) "Agritourism professional" means any person who is engaged in the business of providing one or more agritourism activities, whether or not for compensation.
(3) "Inherent risks of an agritourism activity" means those dangers or conditions that are inherent to an agritourism activity, including hazards related to surface and subsurface conditions, natural conditions of land, vegetation, and water at the agritourism location, the behavior of wild or domestic animals, except dogs, and ordinary dangers associated with structures or equipment commonly used in farming and ranching operations. Inherent risks of an agritourism activity also includes a participant that acts in a negligent manner that causes or contributes to an injury to or the death of the participant or others, including failing to follow instructions given by the agritourism professional or failing to exercise reasonable caution while engaging in an agritourism activity. Inherent risk does not include any wilful, wanton, or reckless act or omission by the agritourism professional or any defect to land, structures, or equipment commonly used in farming and ranching operations that the agritourism professional knew or should have known existed.
(4) "Participant" means any person, other than the agritourism professional, who engages in an agritourism activity.
(5) "Person" means an individual, fiduciary, firm, association, partnership, limited liability company, corporation, unit of government, or any other group acting as a unit.
(6) "Rural activity" means wildlife management, farming and ranching, and associated historic, scientific research, cultural, harvest-your-own, and natural activities and attractions.
HISTORY: 2010 Act No. 236, Section 1, eff September 1, 2010.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 53 - Agritourism Activity Liability › Section 46-53-20. Limitations on liability of agritourism professional for injury or death resulting from inherent risk of agritourism activity.

An agritourism professional is not liable for an injury to or the death of a participant resulting from an inherent risk of an agritourism activity, and no participant or participant's representative may make a claim against, maintain an action against, or recover from an agritourism professional for injury, loss, damage, or death of the participant resulting from an inherent risk of an agritourism activity unless the agritourism professional:
(1) intentionally injured or caused the death of the participant or committed an act or omission that constitutes wilful, wanton, or reckless disregard for the safety of the participant and that act or omission caused the injury or death; or
(2) owns, leases, rents, or otherwise is in lawful possession and control of the land or facilities upon which the participant sustained injuries or death because of a dangerous latent condition which was known or should have been known to the agritourism professional.
HISTORY: 2010 Act No. 236, Section 1, eff September 1, 2010.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 53 - Agritourism Activity Liability › Section 46-53-30. Affirmative defense; assumption of the risk.

In an action for damages against an agritourism professional for an injury to or death of a participant, the agritourism professional may plead assumption of the risk of an agritourism activity as an affirmative defense.
HISTORY: 2010 Act No. 236, Section 1, eff September 1, 2010.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 53 - Agritourism Activity Liability › Section 46-53-40. Limitation on legal liability provided by chapter in addition to other limitations.

Any limitation on legal liability afforded by this chapter to an agritourism professional is in addition to any other limitations of legal liability otherwise provided by law.
HISTORY: 2010 Act No. 236, Section 1, eff September 1, 2010.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 53 - Agritourism Activity Liability › Section 46-53-50. Warning notice to be posted in conspicuous location; printed warning notice to be included in every written contract; required language of notice.

(A) Every agritourism professional must post and maintain at least one sign that contains a warning notice. The sign must be clearly visible and placed at the entrance of the agritourism activity or another conspicuous location on or near where agritourism activities are conducted. Each letter on the sign must be a minimum of one inch in height.
(B) Every written contract entered into with a participant by an agritourism professional for professional services, instruction, or rental of equipment related to an agritourism activity, must have a printed warning notice in or affixed to the contract. The warning notice must be clearly legible, and the words must be in boldface, twelve-point type.
(C) The warning notices required in this section must contain the following statement:
"WARNING !
Under South Carolina law, an agritourism professional is not liable for an injury to or the death of a participant in an agritourism activity resulting from an inherent risk associated with the agritourism activity. (Chapter 53, Title 46, Code of Laws of South Carolina, 1976)."
(D) Failure to comply with the requirements in this section concerning warning signs and notices prevents an agritourism professional from pleading assumption of the risk of an agritourism activity as provided in Section 46-53-30 and invoking the privileges of immunity provided in Section 46-53-20.
HISTORY: 2010 Act No. 236, Section 1, eff September 1, 2010.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 55 - Industrial Hemp Cultivation › Section 46-55-30. Application of chapter.

The provisions contained in this chapter do not apply to the possession, handling, transport, or sale of hemp products and extracts, including those containing hemp-derived cannabinoids, including CBD. Nothing in this chapter authorizes any person to violate any federal or state law or regulation.
HISTORY: 2017 Act No. 37 (H.3559), Section 1, eff May 10, 2017; 2019 Act No. 14 (H.3449), Section 1, eff March 28, 2019.
Editor's Note
Prior Laws: Former Section 46-55-30 was titled Industrial hemp excluded from Section 44-53-110, and had the following history: 2014 Act No. 216 (S.839), Section 2, eff June 2, 2014. See now, Code 1976 Section 46-55-50.
2019 Act No. 14, Section 3, provides as follows:
"SECTION 3. (A) The forty 2019 licenses issued pursuant to Chapter 55, Title 46 prior to the effective date of this act shall be valid for the term of the licenses, under the terms and conditions under which the licenses were issued, except that, upon the approval of the South Carolina Department of Agriculture, each licensee may expand operations beyond the forty-acre limit and may cultivate hemp for commercial purposes.
"(B) Notwithstanding the provisions of Section 46-55-20(B)(3), as amended by this act, as of the date licenses were issued for 2019, the South Carolina Department of Agriculture may issue additional licenses for 2019 to any applicant that met the licensing criteria but was denied solely because the department had already issued the legally permitted number of licenses for the year. Licenses issued pursuant to this subsection shall be for the same term, and under the same terms and conditions, under which the forty licenses identified in subsection (A) were issued. Licensees pursuant to this subsection also may expand operations beyond the forty-acre limit and may cultivate hemp for commercial purposes upon the approval of the South Carolina Department of Agriculture.
"(C) The law under which licenses are issued shall be in full force and effect for those licenses during the term of the licenses."
Effect of Amendment
2019 Act No. 14, Section 1, rewrote the section, which related to hemp growers' propagation methods and persons not subject to civil or criminal actions under state law.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 55 - Industrial Hemp Cultivation › Section 46-55-50. Omitted.

HISTORY: Former Section, titled Industrial hemp excluded from Section 44-53-110, had the following history: 2014 Act No. 216 (S.839), Section 2, eff June 2, 2014. Formerly Section 46-55-30, renumbered and amended by 2017 Act No. 37 (H.3559), Section 1, eff May 10, 2017. Omitted by 2019 Act No. 14 (H.3449), Section 1, eff March 28, 2019.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 55 - Industrial Hemp Cultivation › Section 46-55-60. Unlawful conduct relating to marijuana in proximity to industrial hemp; penalties.

An individual who manufactures, distributes, dispenses, delivers, purchases, aids, abets, attempts to, or conspires to manufacture, distribute, dispense, deliver, or purchase, or possesses with the intent to manufacture, distribute, dispense, deliver, or purchase marijuana, in a manner intended to disguise the marijuana due to its proximity to industrial hemp, is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than three years, fined not more than three thousand dollars, or both. The penalty provided for in this section may be imposed in addition to any other penalties provided by law.
HISTORY: 2014 Act No. 216 (S.839), Section 2, eff June 2, 2014. Formerly Section 46-55-40, renumbered and amended by 2017 Act No. 37 (H.3559), Section 1, eff May 10, 2017. HISTORY: 2019 Act No. 14 (H.3449), Section 1, eff March 28, 2019.
Editor's Note
2019 Act No. 14, Section 3, provides as follows:
"SECTION 3. (A) The forty 2019 licenses issued pursuant to Chapter 55, Title 46 prior to the effective date of this act shall be valid for the term of the licenses, under the terms and conditions under which the licenses were issued, except that, upon the approval of the South Carolina Department of Agriculture, each licensee may expand operations beyond the forty-acre limit and may cultivate hemp for commercial purposes.
"(B) Notwithstanding the provisions of Section 46-55-20(B)(3), as amended by this act, as of the date licenses were issued for 2019, the South Carolina Department of Agriculture may issue additional licenses for 2019 to any applicant that met the licensing criteria but was denied solely because the department had already issued the legally permitted number of licenses for the year. Licenses issued pursuant to this subsection shall be for the same term, and under the same terms and conditions, under which the forty licenses identified in subsection (A) were issued. Licensees pursuant to this subsection also may expand operations beyond the forty-acre limit and may cultivate hemp for commercial purposes upon the approval of the South Carolina Department of Agriculture.
"(C) The law under which licenses are issued shall be in full force and effect for those licenses during the term of the licenses."
Effect of Amendment
2017 Act No. 37, Section 1, reenacted former Section 46-55-40 as Section 46-55-60 and in the first sentence, inserted "or" before the first instance of "purchase", and deleted "on property used for industrial hemp production, or" following "purchase marijuana".
2019 Act No. 14, Section 1, in the first sentence, substituted "attempts to" for "attempts" and "not more than three years, fined" for "not more than three years or fined".
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 57 - Food Safety › Section 46-57-30. Undercooked ground beef product; liability; notice of possible health risk.

Section effective July 1, 2024.
(A) Notwithstanding any other provision of law, ground beef or any food containing ground beef prepared by a food service provider for public consumption must be cooked to heat all parts of the food to at least one hundred fifty-five degrees Fahrenheit, or sixty-eight degrees Celsius, unless otherwise ordered by the immediate consumer.
(B) The food service provider, its business, or its employees or agents, are not liable for any adverse effects to the purchaser or anyone else for providing a ground beef product cooked at an internal temperature less than one hundred fifty-five degrees Fahrenheit, or sixty-eight degrees Celsius, if providing the product is at the request of the purchaser and if the food service provider has notified the purchaser in advance that a possible health risk may exist by eating the product. The notice must state that a possible health risk may exist in eating undercooked ground beef at an internal temperature less than one hundred fifty-five degrees Fahrenheit, or sixty-eight degrees Celsius, and be given to the purchaser:
(1) in writing;
(2) as stated on the menu; or
(3) by visible sign warning.
(C) In order for an immediate consumer or purchaser, as used in this section, to request or order ground beef to be cooked to a temperature less than one hundred fifty-five degrees Fahrenheit (sixty-eight degrees Celsius), the individual must be eighteen years of age or older.
HISTORY: 2023 Act No. 60 (S.399), Section 9, eff July 1, 2024.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 57 - Food Safety › Section 46-57-40. Resale of returned fresh meat or fresh meat products prohibited.

Section effective July 1, 2024.
Fresh meat or fresh meat products sold to a consumer may not be offered to the public for resale for human consumption if the fresh meat or fresh meat products have been returned by the consumer.
HISTORY: 2023 Act No. 60 (S.399), Section 9, eff July 1, 2024.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 57 - Food Safety › Section 46-57-50. Rules and regulations relating to establishments providing eating or drinking facilities, etc.

Section effective July 1, 2024.
The Department of Agriculture may make, adopt, promulgate, and enforce reasonable rules and regulations from time to time requiring and providing for:
(1) the sanitation of hotels, restaurants, cafes, drugstores, hot dog and hamburger stands, all other places or establishments providing eating or drinking facilities, and all other places known as private nursing homes or places of similar nature, operated for gain or profit; and
(2) the production, storing, labeling, transportation, and selling of milk and milk products, filled milk and filled milk products, imitation milk and imitation milk products, synthetic milk and synthetic milk products, milk derivatives, and any other products made in semblance for milk or milk products; and
(3) the sanitation and control of abattoirs, meat markets, whether the same be definitely provided for that purpose or used in connection with other businesses, and bottling plants; and
(4) the sanitation and control of abattoirs, meat markets, whether the same be definitely provided for that purpose or used in connection with other business, and bottling plants.
HISTORY: 2023 Act No. 60 (S.399), Section 9, eff July 1, 2024.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 57 - Food Safety › Section 46-57-60. Enforcement of Regulation 61-25.

Section effective July 1, 2024.
The department may not use any funds appropriated or authorized to the department to enforce Regulation 61-25 to the extent that its enforcement would prohibit a church or charitable organization from preparing and serving food to the public on their own premises at not more than one function a month or not more than twelve functions a year.
HISTORY: 2023 Act No. 60 (S.399), Section 9, eff July 1, 2024.
2023 South Carolina Code of Laws › Title 46 - Agriculture › Chapter 57 - Food Safety › Section 46-57-70. Penalties for violations of regulations.

Section effective July 1, 2024.
(A) Except as provided in Section 46-57-50, a person who after notice violates, disobeys, or refuses, omits, or neglects to comply with a regulation of the Department of Agriculture promulgated pursuant to this chapter, is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for thirty days.
(B) A person who after notice violates a rule, regulation, permit, permit condition, final determination, or order of the department issued pursuant to this chapter is subject to a civil penalty not to exceed one thousand dollars a day for each violation.
(C) Fines collected pursuant to subsection (B) must be remitted by the department to the State Treasurer for deposit in the state general fund.
(D) The term "notice" as used in this section means either actual notice or constructive notice.
HISTORY: 2023 Act No. 60 (S.399), Section 9, eff July 1, 2024.
2023 South Carolina Code of Laws › Title 47 - Animals, Livestock and Poultry › Chapter 1 - Cruelty To Animals › Section 47-1-10. Definitions.

As used in this chapter:
(1) "Animal" means a living vertebrate creature except a homo sapien.
(2) "Sustenance" means adequate food provided at suitable intervals of quantities of wholesome foodstuff suitable for the species and age, sufficient to maintain a reasonable level of nutrition to allow for proper growth and weight and adequate water provided with constant access to a supply of clean, fresh, and potable water provided in a suitable manner for the species.
(3) "Shelter" means shelter that reasonably may be expected to protect the animal from physical suffering or impairment of health due to exposure to the elements or adverse weather.
HISTORY: 1962 Code Section 6-1; 1952 Code Section 6-1; 1942 Code Section 1600; 1932 Code Section 1600; Cr. C. '22 Section 564; Cr. C. '12 Section 915; Cr. C. '02 Section 630; G. S. 1708; R. S. 512; 1998 Act No. 367, Section 1, eff May 27, 1998; 2008 Act No. 259, Section 1, eff upon approval (became law without the Governor's signature on June 5, 2008).
2023 South Carolina Code of Laws › Title 47 - Animals, Livestock and Poultry › Chapter 1 - Cruelty To Animals › Section 47-1-20. Acts of agents imputed to corporations.

The knowledge and acts of agents and persons employed by corporations in regard to animals transported, owned or employed by or in the custody of such corporations shall be held to be the acts and knowledge of such corporations.
HISTORY: 1962 Code Section 6-2; 1952 Code Section 6-2; 1942 Code Section 1600; 1932 Code Section 1600; Cr. C. '22 Section 564; Cr. C. '12 Section 915; Cr. C. '02 Section 630; G. S. 1708; R. S. 512.
2023 South Carolina Code of Laws › Title 47 - Animals, Livestock and Poultry › Chapter 1 - Cruelty To Animals › Section 47-1-40. Ill-treatment of animals generally; penalties.

(A) A person who knowingly or intentionally overloads, overdrives, overworks, or ill-treats an animal, deprives an animal of necessary sustenance or shelter, inflicts unnecessary pain or suffering upon an animal, or by omission or commission knowingly or intentionally causes these acts to be done, is guilty of a misdemeanor and, upon conviction, must be punished by imprisonment not exceeding ninety days or by a fine of not less than one hundred dollars nor more than one thousand dollars, or both, for a first offense; or by imprisonment not exceeding two years or by a fine not exceeding two thousand dollars, or both, for a second or subsequent offense.
(B) A person who tortures, torments, needlessly mutilates, cruelly kills, or inflicts excessive or repeated unnecessary pain or suffering upon an animal or by omission or commission causes these acts to be done, is guilty of a felony and, upon conviction, must be punished by imprisonment of not less than one hundred eighty days and not to exceed five years and by a fine of five thousand dollars.
(C) This section does not apply to fowl, accepted animal husbandry practices of farm operations and the training of animals, the practice of veterinary medicine, agricultural practices, forestry and silvacultural practices, wildlife management practices, or activity authorized by Title 50, including an activity authorized by the South Carolina Department of Natural Resources or an exercise designed for training dogs for hunting, if repeated contact with a dog or dogs and another animal does not occur during this training exercise.
HISTORY: 1962 Code Section 6-4; 1952 Code Section 6-4; 1942 Code Section 1594; 1932 Code Section 1594; Cr. C. '22 Section 559; Cr. C. '12 Section 910; Cr. C. '02 Section 625; G. S. 1703; R. S. 507; 1881 (17) 573; 1883 (18) 388; 1988 Act No. 401, Section 1, eff March 21, 1988; 1992 Act No. 430, Section 1, eff June 2, 1992; 1998 Act No. 367, Section 2, eff May 27, 1998; 2000 Act No. 294, Section 1, eff May 26, 2000; 2008 Act No. 259, Section 2, eff upon approval (became law without the Governor's signature on June 5, 2008); 2014 Act No. 251 (H.3361), Section 3, eff June 6, 2014.
2023 South Carolina Code of Laws › Title 47 - Animals, Livestock and Poultry › Chapter 1 - Cruelty To Animals › Section 47-1-50. Cruel work; carriage in vehicles; penalties.

(A) An owner, a possessor, or a person having the charge or custody of an animal may not:
(1) cruelly drive or work it when unfit for labor;
(2) carry it, or cause it to be carried, in or upon a vehicle or otherwise in an unnecessarily cruel or inhumane manner.
(B) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished for each offense in the manner prescribed in Section 47-1-40(A).
HISTORY: 1962 Code Section 6-5; 1952 Code Section 6-5; 1942 Code Section 1595; 1932 Code Section 1595; Cr. C. '22 Section 560; Cr. C. '12 Section 911; Cr. C. '02 Section 626; G. S. 1704; R. S. 508; 1881 (17) 573; 1992 Act No. 398, Section 1, eff June 2, 1992; 1998 Act No. 367, Section 3, eff May 27, 1998.
2023 South Carolina Code of Laws › Title 47 - Animals, Livestock and Poultry › Chapter 1 - Cruelty To Animals › Section 47-1-60. Cutting muscles of tails of horses, asses, mules, mares, or geldings prohibited.

Any person who (a) cuts the tissue or muscle of the tail of any horse, ass, mule, mare or gelding, or otherwise operates upon it in any manner for the purpose or with the effect of altering the natural carriage of the tail, except when such cutting or operation is necessary for the health or life of the animal, as certified to in writing by a licensed veterinarian, (b) causes, procures or knowingly permits such cutting or operation to be done or (c) assists in or is voluntarily present at such cutting or operation shall be guilty of a misdemeanor.
Any person convicted of violating any of the provisions of this section shall be fined not less than fifty nor more than one hundred dollars or imprisoned not less than fifteen nor more than thirty days.
HISTORY: 1962 Code Section 6-6; 1952 Code Section 6-6; 1942 Code Section 1603-1; 1936 (39) 1649.
2023 South Carolina Code of Laws › Title 47 - Animals, Livestock and Poultry › Chapter 1 - Cruelty To Animals › Section 47-1-70. Abandonment of animals; penalties; hunting dog exception.

(A) A person may not abandon an animal. As used in this section "abandonment" is defined as deserting, forsaking, or intending to give up absolutely an animal without securing another owner or without providing the necessities of life. "Necessities of life" includes:
(1) adequate water which means a constant access to a supply of clean, fresh, and potable water provided in a suitable manner for the species;
(2) adequate food which means provision at suitable intervals of quantities of wholesome foodstuff suitable for the species and age, sufficient to maintain a reasonable level of nutrition to allow for proper growth and weight;
(3) adequate shelter which means shelter that reasonably may be expected to protect the animal from physical suffering or impairment of health due to exposure to the elements or adverse weather.
(B) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred nor more than five hundred dollars or imprisoned not more than thirty days, or both. Offenses under this section must be tried in the magistrate's or municipal court.
(C) A hunting dog that is positively identifiable in accordance with Section 47-3-510 or Section 47-3-530 is exempt from this section.
HISTORY: 1962 Code Section 6-7; 1952 Code Section 6-7; 1942 Code Section 1603; 1932 Code Section 1603; Cr. C. '22 Section 567; Cr. C. '12 Section 918; Cr. C. '02 Section 633; 1899 (23) 99; 1907 (25) 484; 1992 Act No. 398, Section 2, eff June 2, 1992; 1998 Act No. 367, Section 4, eff May 27, 1998.
2023 South Carolina Code of Laws › Title 47 - Animals, Livestock and Poultry › Chapter 1 - Cruelty To Animals › Section 47-1-75. Immunity from civil and criminal liability.

Any person, including a person licensed to practice veterinary medicine, or an animal control officer or agent of the South Carolina Society for the Prevention of Cruelty to Animals or any society incorporated for that purpose, who in good faith and without compensation for services provided, acting without malice, recklessness, or gross negligence, renders emergency care or treatment to a domestic animal which is abandoned, ill, injured, or in distress related to an accident or disaster shall not be liable or subject to any civil or criminal liability for any injuries or harm to such animal resulting from the rendering of such care or treatment, or any act or failure to act to provide or arrange for further medical treatment or care for such animal.
HISTORY: 2002 Act No. 205, Section 1, eff April 22, 2002.
2023 South Carolina Code of Laws › Title 47 - Animals, Livestock and Poultry › Chapter 1 - Cruelty To Animals › Section 47-1-80. Destruction of abandoned infirm animal.

Any agent or officer of the Department of Health and Environmental Control or police officer or officer of the South Carolina Society for the Prevention of Cruelty to Animals or of any society duly incorporated for that purpose may lawfully destroy, or cause to be destroyed, any animal found abandoned and not properly cared for, appearing to be glandered, injured or diseased past recovery for any useful purpose.
HISTORY: 1962 Code Section 6-8; 1952 Code Section 6-8; 1942 Code Section 1603; 1932 Code Section 1603; Cr. C. '22 Section 567; Cr. C. '12 Section 918; Cr. C. '02 Section 633; 1899 (23) 99; 1907 (25) 484; 1972 (57) 2482.
2023 South Carolina Code of Laws › Title 47 - Animals, Livestock and Poultry › Chapter 1 - Cruelty To Animals › Section 47-1-90. Overloading and length of confinement of animals in railroad cars.

No railroad company in the carrying or transportation of animals shall overload the cars nor permit the animals to be confined in cars for a longer period than thirty-six consecutive hours without unloading them for rest, water and feeding for a period of at least five consecutive hours, unless prevented from so unloading by storm or other accidental causes beyond the control of such railroad company; provided, however, that when animals shall be carried in cars in which they can and do have proper food, water and space and opportunity for rest, the foregoing provisions in regard to their being unloaded shall not apply.
In estimating such confinement the time during which the animals have been confined without such rest on connecting roads from which they are received shall be included, it being the intent of this section to prohibit their continuous confinement beyond the period of thirty-six hours, except upon the contingencies hereinbefore stated.
HISTORY: 1962 Code Section 6-9; 1952 Code Section 6-9; 1942 Code Section 1596; 1932 Code Section 1596; Cr. C. '22 Section 561; Cr. C. '12 Section 912; Cr. C. '02 Section 627; G. S. 1705; R. S. 509; 1881 (17) 573; 1923 (33) 118; 1924 (33) 949.
2023 South Carolina Code of Laws › Title 47 - Animals, Livestock and Poultry › Chapter 1 - Cruelty To Animals › Section 47-1-100. Care of animals unloaded during transit.

Animals unloaded as required by Section 47-1-90 shall be properly fed, watered and sheltered during such rest by the owner or person having the custody thereof or, in case of his default in so doing, then by the railroad company transporting such animals at the expense of the owner or person in custody thereof; and the company shall, in such case, have a lien upon such animals for food, care and custody furnished and shall not be liable for any detention of such animals.
HISTORY: 1962 Code Section 6-10; 1952 Code Section 6-10; 1942 Code Section 1596; 1932 Code Section 1596; Cr. C. '22 Section 561; Cr. C. '12 Section 912; Cr. C. '02 Section 627; G. S. 1705; R. S. 509; 1881 (17) 573; 1923 (33) 118; 1924 (33) 949.
2023 South Carolina Code of Laws › Title 47 - Animals, Livestock and Poultry › Chapter 1 - Cruelty To Animals › Section 47-1-110. Violations of Sections 47-1-90 and 47-1-100.

Any company or the owner or custodian of such animals who shall fail to comply with the provisions of Sections 47-1-90 and 47-1-100 shall, for each and every such offense, if found guilty, be fined not less than fifty nor more than five hundred dollars, in any court of competent jurisdiction.
HISTORY: 1962 Code Section 6-11; 1952 Code Section 6-11; 1942 Code Section 1596; 1932 Code Section 1596; Cr. C. '22 Section 561; Cr. C. '12 Section 912; Cr. C. '02 Section 627; G. S. 1705; R. S. 509; 1881 (17) 573; 1923 (33) 118; 1924 (33) 949.
2023 South Carolina Code of Laws › Title 47 - Animals, Livestock and Poultry › Chapter 1 - Cruelty To Animals › Section 47-1-120. Custody of animals in charge of arrested persons.

When a person arrested is, at the time of the arrest, in charge of an animal, an agent of the South Carolina Society for the Prevention of Cruelty to Animals, or of any society incorporated for that purpose, may take charge of the animal and deposit the animal in a safe place of custody or deliver the animal into the possession of the police or sheriff of the county or place where the arrest was made, who shall assume the custody of the animal; and all necessary expenses incurred in taking charge of the animal shall be a lien thereon.
HISTORY: 1962 Code Section 6-12; 1952 Code Section 6-12; 1942 Code Section 1603; 1932 Code Section 1603; Cr. C. '22 Section 567; Cr. C. '12 Section 918; Cr. C. '02 Section 633; 1899 (23) 99; 1907 (25) 484; 1998 Act No. 367, Section 5, eff May 27, 1998.
2023 South Carolina Code of Laws › Title 47 - Animals, Livestock and Poultry › Chapter 1 - Cruelty To Animals › Section 47-1-125. Coloring or dying animals prohibited; sale or distribution of certain young animals prohibited; penalty.

(1) It is unlawful for any person to dye or color artificially any animal or fowl, including but not limited to rabbits, baby chickens, and ducklings, or to bring any dyed or colored animal or fowl into this State.
(2) It is unlawful for any person to sell, offer for sale or give away as merchandising premiums, baby chickens, ducklings or other fowl under four weeks of age or rabbits under two months of age to be used as pets, toys or retail premiums.
(3) This section shall not be construed to apply to any animal or fowl, including but not limited to rabbits, baby chickens and ducklings to be used or raised for agricultural purposes by persons with proper facilities to care for them or for poultry or livestock exhibitions.
(4) Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than two hundred dollars or imprisoned for not more than thirty days.
HISTORY: 1980 Act No. 410.
2023 South Carolina Code of Laws › Title 47 - Animals, Livestock and Poultry › Chapter 1 - Cruelty To Animals › Section 47-1-130. Arrest by law enforcement officers for violation of laws prohibiting cruelty to animals.

(A) Any person violating the laws in relation to cruelty to animals may be arrested by a law enforcement officer and held, without warrant, in the same manner as in the case of persons found breaking the peace.
(B) The South Carolina Society for the Prevention of Cruelty to Animals, or other organizations organized for the same purpose, may not make an arrest for a violation of the laws in relation to cruelty to animals.
HISTORY: 1962 Code Section 6-13; 1952 Code Section 6-13; 1942 Code Section 1598; 1932 Code Section 1598; Cr. C. '22 Section 562; Cr. C. '12 Section 913; Cr. C. '02 Section 628; G. S. 1706; R. S. 510; 1881 (17) 574; 2014 Act No. 251 (H.3361), Section 4, eff June 6, 2014.
2023 South Carolina Code of Laws › Title 47 - Animals, Livestock and Poultry › Chapter 1 - Cruelty To Animals › Section 47-1-140. Notice to owners; care of animals after arrest of person in charge; lien.

The law enforcement officer making the arrest, with or without warrant, shall use reasonable diligence to give notice to the owner of the animals found in the charge or custody of the person arrested, if the person is not the owner, and shall care and provide properly for the animals. The law enforcement officer making the arrest shall have a lien on the animals for the expense of such care and provision unless the charge is dismissed or nol prossed or the person is found not guilty, then the lien is extinguished. The lien also may be extinguished by an agreement between the person charged and the prosecuting agency or the law enforcement agency in custody of the animal. Notwithstanding any other provision of law, an animal may be seized preceding an arrest and pursuant to Section 47-1-150.
HISTORY: 1962 Code Section 6-14; 1952 Code Section 6-14; 1942 Code Section 1598; 1932 Code Section 1598; Cr. C. '22 Section 562; Cr. C. '12 Section 913; Cr. C. '02 Section 628; G. S. 1706; R. S. 510; 1881 (17) 574; 1998 Act No. 367, Section 6, eff May 27, 1998; 2014 Act No. 251 (H.3361), Section 5, eff June 6, 2014.
2023 South Carolina Code of Laws › Title 47 - Animals, Livestock and Poultry › Chapter 1 - Cruelty To Animals › Section 47-1-170. Penalties for violations of chapter.

The owner or person having charge or custody of an animal cruelly used who is convicted of any violation of this chapter forfeits ownership, charge, or custody of the animal and at the discretion of the court, the person who is charged with or convicted of a violation of this chapter must be ordered to pay costs incurred to care for the animal and related expenses.
HISTORY: 1962 Code Section 6-18; 1952 Code Section 6-18; 1942 Code Section 1602; 1932 Code Section 1602; Cr. C. '22 Section 566; Cr. C. '12 Section 917; Cr. C. '02 Section 632; G. S. 1710; R. S. 574; 1881 (17) 575; 1998 Act No. 367, Section 8, eff May 27, 1998.
2023 South Carolina Code of Laws › Title 47 - Animals, Livestock and Poultry › Chapter 1 - Cruelty To Animals › Section 47-1-200. Requirements for transfer of animals and importation or exportation of dog or cat; penalties for violations.

(A) During transportation, an animal must not be confined in one area for more than twenty-four consecutive hours without being adequately exercised, rested, fed, and watered. The time may be extended reasonably when an act of God causes a delay. The animal must be provided adequate space and ventilation.
(B) A dog or cat under eight weeks of age must not be imported or exported without being accompanied by its dam.
(C) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred nor more than five hundred dollars or imprisoned for not more than thirty days, or both.
HISTORY: 1992 Act No. 398, Section 3, eff June 2, 1992.
2023 South Carolina Code of Laws › Title 47 - Animals, Livestock and Poultry › Chapter 1 - Cruelty To Animals › Section 47-1-210. Live animals as prizes; exceptions; penalties.

(A) It is unlawful to give away a live animal including, but not limited to, a fish, bird, fowl, or reptile, as a prize for, or as an inducement to enter, any contest, game, or other competition, or as an inducement to enter a place of amusement, or for these species to be used as an incentive to enter into any business agreement if the offer made was for the purpose of attracting trade.
(B) Nothing in this section may be construed to prohibit an auction or raffle of a live animal including, but not limited to, a fish, bird, fowl, or reptile. Further, the giving away or the testing of game or fowl for breeding purposes only is lawful and is not prohibited by this section as an incentive to enter into a business agreement if the person giving away or testing game or fowl is engaged in that trade.
(C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished for each separate offense by a fine not to exceed three hundred dollars or imprisonment not to exceed thirty days, or both.
(D) This section does not apply when a live animal is given away as follows:
(1) by individuals or organizations operating in conjunction with a cooperative extension education program or agricultural vocational program sanctioned by the State Department of Education or local school districts;
(2) by individuals or organizations operating in conjunction with field trials approved by the Department of Natural Resources; or
(3) by kennels that advertise in national publications in regard to dogs that are registered with the United Kennel Club or the American Kennel Club.
HISTORY: 1999 Act No. 57, Section 1, eff June 11, 1999.
2023 South Carolina Code of Laws › Title 47 - Animals, Livestock and Poultry › Chapter 1 - Cruelty To Animals › Section 47-1-225. Animal cruelty instruction for certain judges.

Every four years, at their mandatory continuing legal education programs, magistrates and municipal court judges must receive at least two hours of instruction on issues concerning animal cruelty. The content of the continuing legal education must be determined by the South Carolina Court Administration at the direction of the Chief Justice of the South Carolina Supreme Court.
HISTORY: 2019 Act No. 43 (S.105), Section 1, eff May 16, 2019.
Editor's Note
2019 Act No. 43, Section 10, provides as follows:
"SECTION 10. The General Assembly finds it is the best practice for a shelter, public or private, to prepare and maintain records documenting the number of animals admitted to the facility and the method by which those animals exit the facility, whether by adoption, fostering, natural death, euthanasia, transfer to another state, or other means of discharge."
2023 South Carolina Code of Laws › Title 47 - Animals, Livestock and Poultry › Chapter 2 - Large Wild Cats, Non-native Bears And Great Apes › Section 47-2-10. Definitions.

As contained in this chapter:
(1) "Animal control authority" means the agency designated by a city or county to administer ordinances regulating, restricting, or prohibiting the possession of large wild cats, non-native bears, and great apes. The animal control agency may be a municipal or county animal control agency, county sheriff, or other designated agency.
(2) "Large wild cat, non-native bear and great ape" means one of the following types of animals of the order Carnivora or Primate, and any hybrids of these animals:
(a) Family Felidae, Genus panthera-all lions, tigers, leopards, jaguars, cougars, cheetahs, snow leopards, and clouded leopards;
(b) Family Ursidae-all bears that are not native to South Carolina and not subject to oversight by the South Carolina Department of Natural Resources; and
(c) Family Hominidae-all great apes; to include all species of chimpanzees, gorillas, and orangutans.
(3) "Person" means any individual, partnership, corporation, organization, trade, or professional association, firm, limited liability company, joint venture, association, trust, estate, or any other legal entity, and any employee, agent, or representative of the entity.
(4) "Possessor" means any person who owns, possesses, keeps, harbors, brings into the State, acts as a custodian of, or has custody or control of, a large wild cat, non-native bear, or great ape.
HISTORY: 2017 Act No. 86 (H.3531), Section 1, eff January 1, 2018.
Editor's Note
2017 Act No. 86, Section 4, provides as follows:
"This act takes effect January 1, 2018, and applies to acts committed on or after that date."
2023 South Carolina Code of Laws › Title 47 - Animals, Livestock and Poultry › Chapter 2 - Large Wild Cats, Non-native Bears And Great Apes › Section 47-2-20. Application of chapter.

(A) The provisions of this chapter do not apply to:
(1) duly incorporated nonprofit animal protection organizations, such as humane societies and shelters, housing a large wild cat, non-native bear or great ape temporarily at the written request of the animal control authority or acting under the authority of this chapter;
(2) federal or state wildlife enforcement officers acting under the scope of their authority;
(3) animal control or law enforcement agencies or officers acting under the authority of this chapter;
(4) veterinary hospitals, clinics, veterinarians, and persons employed at such facilities under the direction of a veterinarian who are actively treating a large wild cat, non-native bear, or great ape in their professional capacity as a veterinarian or employee of such facility;
(5) a university, college, laboratory, or other research facility holding a Class R registration under the Animal Welfare Act, 7 U.S.C. Section 2131, et seq., as amended;
(6) any person who possesses a valid United States Department of Agriculture Class A, B, or C license in good standing and is in compliance with the United States Department of Agriculture Animal Welfare Act regulations and standards as of January 1, 2018. This person may keep and acquire new large wild cats, non-native bears, or great apes;
(7) any person who obtains a valid United States Department of Agriculture Class A, B, or C license and is in compliance with the United States Department of Agriculture Animal Welfare Act regulations and standards after January 1, 2018, may keep and acquire large wild cats, non-native bears, or great apes after that date, and must comply with the applicable provisions of this chapter;
(8) circuses that are incorporated and hold a Class C license under the Animal Welfare Act, 7 U.S.C. Section 2131, et seq., as amended, that are temporarily in this State, and that offer performances by live animals, clowns, and acrobats for public entertainment; and
(9) an intermediate handler, as defined by the Animal Welfare Act, 7 U.S.C. Section 2136, et seq., acting as a registered agent for a USDA license, pursuant to the Captive Wildlife Safety Act, shall be permitted to transport regulated species through this State, provided the animal is at all times maintained within a confinement sufficient to prevent the animal from escaping.
HISTORY: 2017 Act No. 86 (H.3531), Section 1, eff January 1, 2018.
Editor's Note
2017 Act No. 86, Section 4, provides as follows:
"This act takes effect January 1, 2018, and applies to acts committed on or after that date."