The General Assembly passed S.453, a bill relating to the care of livestock, animals, and poultry. Under this legislation, units of local government cannot enact ordinances, orders or other regulations concerning the care and handling of livestock and poultry. Care and handling means accepted animal husbandry practices.
The stated intent of this legislation is for the General Assembly to occupy the field of regulation of care and handling of livestock and poultry. All local laws and ordinances related to the regulation of and the enforcement of the care and handling of livestock and poultry in this State are preempted and superseded by laws enacted by the General Assembly.
The provisions do not apply to the "Right to Farm Act" and do not affect a local unit of government’s authority to enact ordinances concerning new swine operations and new slaughterhouse operations. The legislation outlines that governing body of a county may not impose a storm water fee on agricultural lands, forest lands, or undeveloped lands.
However, any county which imposes such a fee on these lands on the effective date of this provision may continue to impose that fee under its same terms, conditions, and amounts.The provisions also do not preclude or limit a unit of local government’s right to exercise its land use and zoning authority.
Under the legislation, only property owners and residents within a two mile radius of a permitted livestock and poultry facility, with the exception of a swine facility, may appeal a permit issued by the Department of Health and Environmental Control pertaining to the facility.
The legislation also provides that a compounding pharmacist who fills an order for performance enhancing mineral or drug compounds that are not FDA approved for polo horses prior to a polo match must certify the compound with his signature accompanied by a complete listing of the components contained in the compound. A pharmacist who violates these provisions is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days.
S.453 was ratified on May 27, 2009. The Governor vetoed the legislation on June 2. This bill will be among the vetoes that the General Assembly takes up on June 16.
If you have any questions about this bill, contact me at (803) 212-6008 or by fax at (803) 212-6011. My district office is at 137 Airport Road, Suite J, Mullins, , the phone number is (843) 423-8237 and the fax number is (843) 431-6049. You may also email me at WILLIAMSK@scsenate.org. My business phone is (843) 423-3904.
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