South Carolina Code of Regulations › Chapter 27 - CLEMSON UNIVERSITY STATE LIVESTOCK-POULTRY HEALTH COMMISSION › Article 15 - CLEMSON UNIVERSITY › Section 27-1015 - Public Livestock Markets

Current through Register Vol. 48, No. 6, June 28, 2024
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.