University of Vermont AAHS

South Carolina Equine Infectious Anemia Statutes and Regulations

SOUTH CAROLINA STATUTES
TITLE 47. ANIMALS, LIVESTOCK AND POULTRY
CHAPTER 13. DISEASES AND INFECTIONS
ARTICLE 13. EQUINE INFECTIOUS ANEMIA

 

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.


47-13-1315. State veterinian 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.


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.


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.


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.


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.


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.


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

(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.


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.


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 hte provisions of Section 47-4-130.


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.

 

47-4-130. Violation of provision of Title 47 is a misdemeanor; penalties; enforcement of commission regulations in court.
(A) A person violating this chapter or another chapter or section of Title 47 assigned to the jurisdiction of the commission or related regulations is guilty of a misdemeanor and, upon conviction, must be fined not more than that amount authorized as the jurisdictional maximum for a summary court or imprisoned not more than that period of time authorized as the jurisdictional maximum for a summary court, or both, for a first offense and in the discretion of the court for a second offense.

(B) The director, after opportunity for a hearing, may deny, suspend, modify, or revoke a permit for a violation of state or federal law or regulation or duly published requirements of the commission. In addition to denial, suspension, revocation, or modification of a permit or other penalties set forth in this chapter, the permittee who violates the provisions in subsection (A) may be assessed a civil penalty by the director of not more than one thousand dollars for each violation. Each day a violation continues constitutes a separate violation. The director may suspend a permit against which a civil penalty has been imposed if the permittee has not satisfied the penalty within thirty days after the permittee receives notification of the final decision of the director to impose the penalty. The permittee is entitled to a hearing on the suspension, but the suspension remains in effect pending the hearing and the decision of the director. Matters considered by the hearing officer are limited to whether a duly issued final order of the director existed, whether the permittee had notice of the final order, and whether the assessed penalty was paid within thirty days of the notice. The filing of a judicial appeal does not act as an automatic stay of enforcement of the civil penalty or of the suspension.

(C) The commission may enforce its ordinances and regulations in a court of competent jurisdiction by civil as well as criminal proceedings. If it is necessary to issue a writ of injunction, no court in this State has the right previous to a trial upon the merits to set aside the writ on bond. The commission may utilize its own counsel or call upon the Attorney General or the appropriate solicitor, or all of the foregoing. The commission and its agents in the discharge of the duties and in the enforcement of the powers delegated in this chapter may administer oaths and hear witnesses, and to that end the sheriffs of the State shall serve all summons and other papers upon the request of the commission.

REGULATIONS OF STATE AGENCIES
CHAPTER 27. CLEMSON UNIVERSITY
ARTICLE 15. ADMISSION OF LIVESTOCK INTO SOUTH CAROLINA

 

Regulation 27-1011. Diseases and Health Documentation. (See generally s 47- 4-60) Diseases.
A. All persons must report the diagnosed or suspected existence of the following diseases to the State Veterinarian within forty-eight (48) hours after discovery.

1. Brucellosis

2. Tuberculosis

3. Pseudorabies

4. Equine Infectious Anemia (EIA)

5. Paratuberculosis

6. Pullorum - Fowl Typhoid

7. Eastern Equine Encephalomyelitis (EEE)

8. Western Equine Encephalomyelitis (WEE)

9. Venezuelan Equine Encephalomyelitis (VEE)

10. Scrapie and Scabies

11. Anthrax

12. Erysipelas

13. Rabies - coordinated with DHEC

14. Vesicular Stomatitis

15. Hog Cholera

16. Cattle Fever Tick

17. Foot and Mouth Disease

18. Vesicular Exanthema

19. Rinderpest

20. African Swine Fever

21. African Horse Sickness

22. Contagious Equine Metritis

23. Equine Viral Arteritis

24. All foreign and Exotic Diseases and Parasites of Animal and Birds

Additionally, the following clinical symptoms should be reported:

25. Sore-Mouth-Muzzle: especially if accompanied by foot, udder, vulva or skin lesions (Blisters-Vesicles)

26. Encephalitis (CNS) Conditions in All Animals and Birds.

27. High Death Loss - especially over a short period and in animals older than several weeks.

28. Reproductive Problems - apparently caused by disease; and

29. Any Highly Unusual Condition - Disease or parasites differing significantly from conditions one normally sees.

B. Certificate of Veterinary Inspection (CVI)-In addition to the statutory requirements, each CVI shall list all applicable permit numbers, the date of issuance thereof, the name of the issuing agency and the farm or other location from whence the livestock/poultry originated.

C. Health Permits (HP)-The State Veterinarian may authorize the issuance of HPs, under such terms and conditions as he deems appropriate. HPs shall not be employed as substitutes or in lieu of CVIs, but shall be issued as temporary measures only in emergency situations or under circumstances which could not have been reasonably foreseen. HPs shall expire no more than 30 days after issue and may not be renewed.

D. Appropriate Test(s)-A requirement for a negative test for a particular disease or condition may be satisfied by a negative result from any test approved by the USDA for detection of the particular disease or condition, unless otherwise indicated.


Regulation 27-1012. Animal/Poultry Quarantines (other than garbage feeding quarantine) (See generally 47-4-70)

A. Definitions

1. See Code Section 47-4-20 (12)

2. See Regulation 27-1010 B.

B. Any duly authorized representative of the State Veterinarian may order a temporary quarantine of livestock/poultry which have not met the necessary entry requirements or which are reasonably suspected of being sick, at risk, or exposed to those diseases listed in Reg. 27-1011.

C. The quarantined livestock shall be immediately separated from apparently healthy livestock/poultry, until examined by a veterinarian designated by the State Veterinarian.

D. If in the opinion of the examining veterinarian the livestock/poultry is not sick, the temporary quarantine will be lifted, provided all entry requirements are met.

E. If in the opinion of the examining veterinarian the examination is inconclusive, the suspect livestock/poultry will remain separate and apart until such time as any necessary tests confirm the presence or absence of such disease.

F. The State Veterinarian shall quarantine livestock/poultry for sufficient time to ensure the presence or absence of a disease or condition, or compliance with regulatory requirements.

G. Livestock/poultry introduced into this state without the required health certifications will be returned aboard the same carrier to point of origin, unless the livestock/poultry has already been unloaded. In such case, all livestock/poultry in the load will be quarantined together on an "all in, all out" basis.

H. The quarantine, if verbal, will be reduced to writing as soon as possible if the quarantine is expected to last in excess of twenty-four (24) hours. The written quarantine order will specify the suspected disease, the terms and conditions of the quarantine, and that an appeal may be made, within 10 days after notice, to the State Veterinarian, P. O. Box 102406, Columbia, SC 29224- 2406 (803-788-2260).

I. The quarantine will remain in effect until removed in writing by the State Veterinarian. The quarantine will normally include the incubation period for the particular disease plus an appropriate safety factor period. The affected livestock and/or poultry may not be removed from the quarantined premises without the specific written approval of the State Veterinarian.

J. The owner must comply with the terms of the quarantine during the pendency of any appeal, whether administrative or in a court of law, unless sooner released by the State Veterinarian.

K. Quarantines for equine infectious anemia. (See generally s 47-13-1360) Owners of equine permanently quarantined for a positive reaction to an approved test for equine infectious anemia must comply with the quarantine requirements as established in s 47-13-1360 at all times. If the owner 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 owner 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. Separation distances for temporary (less than 45 days) quarantines shall be established on a case-by-case basis by the State Veterinarian; however, these distances shall in no case be greater than that required for a permanent quarantine.

L. All quarantined premises must be specifically approved by the State Veterinarian. Due consideration must be given to security fencing, shelter, food, water, etc.

 

ARTICLE 20. EQUINE SALES FACILITY

 

Regulation 27-4003. Equine Infectious Anemia Testing.
A. Testing

Any horses entering an Equine Sales Facility in South Carolina must be accompanied by an official certificate showing that it has reacted negatively to an approved test for equine infectious anemia within the last six (6) months.

B. Responsibility

It shall be the responsibility of the person in charge of the facility at the time of the sale to require the "official certificate" proof that the horse has met the testing requirements before it is allowed to enter the facility.

C. The official certificate shall go with horse to the purchaser or in the case of a no sale, will be returned to the consignor.


Regulation 27-4004. Records.

A. A record keeping system shall be established by the operator of any Equine Sales Facility which ensures that appropriate records are maintained on all horses enter the facility. The records must include the name and address of the horse, date of sale, and the name and address of the purchaser, if any. In addition, the records shall show the complete information in regard to the Equine Infectious Anemia test which includes the date of test, name and address of the testing veterinarian, the testing certificate description and number.

B. These records shall be made available to the State Veterinarian or his authorized designee, upon request. C. These records shall be maintained by the facility for a period of at least two (2) years.


27-4005. Quarantine.
A. The facility shall be placed under quarantine when it has been determined by the State Veterinarian or his authorized designee that any part of these regulations have been violated and that a quarantine is necessary. The facility shall also be placed under quarantine whenever the State Veterinarian or his authorized designee determines that any horses in the facility are sick or are suspected of being exposed to an infectious or contagious disease.

B. When a quarantine is issued, no further transactions will be permitted at the facility until the regulation violation has been corrected or in the case of sick horses, any necessary isolation has taken place and all other horses have been removed from the facility in a manner acceptable to the State Veterinarian or his authorized designee.


Amended in 2000.
Reviewed by AAHS in October 2001.


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