(A) It is unlawful to transport live swine on a public road or waterway within the State unless the swine have an official form of identification approved by the State Veterinarian and are transported in such a way that the swine is visible. Live swine transported without identification are presumed to have been taken from the wild and in violation of § 50-16-25.

(B) It is unlawful for a person to misuse or alter a permit, tag, or other form of identification or attempt to obtain a permit, tag, or form of identification by fraud or misrepresentation. A person is deemed to have misused identification by using the identification that was not assigned to them or assigned to another owner, knowingly providing identification to a person other than the owner of the swine, or by engaging in any other activity to circumvent the provisions of this section.

Terms Used In South Carolina Code 47-4-65

  • Conviction: A judgement of guilt against a criminal defendant.
  • Fraud: Intentional deception resulting in injury to another.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Permit: means official authorization to engage in a specific activity. See South Carolina Code 47-4-20
  • Person: means an individual, a trust, a firm, a joint stock company, a corporation including a government corporation, a partnership, an association, a municipality, a commission, or a political subdivision of this or another state. See South Carolina Code 47-4-20
  • State Veterinarian: means the Director of Livestock-Poultry Health Division, Clemson University, and his agents, assistants, and livestock inspectors. See South Carolina Code 47-4-20

(C) Absent an official form of identification, it is unlawful to transport live swine on a public road or waterway within this State unless accompanied by a document that may be presented in lieu of an official form of identification, including a dated bill of lading, invoice, receipt, bill of sale, or similar document showing the quantity of swine to be sold or transported and the name of the wholesale producer or dealer from whom the live swine were purchased or received.

(D) Live swine that do not leave the premises of the swine owner are not subject to the identification requirement.

(E) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, is subject to the penalty prescribed in § 47-4-130. Each violation constitutes a separate offense.

(F) Notwithstanding Chapter 3 of Title 22, magistrates court has jurisdiction over actions arising under this section.