§ 50-11-1920 — Sale of exotic farm-raised venison; permits; inspection of premises and records; violations; punishment.

South Carolina § 50-11-1920

• Jurisdiction: South Carolina
• Title 50: FISH, GAME AND WATERCRAFT
• Ch. 11: PROTECTION OF GAME

Text

(A) The proprietor of a permitted food service establishment may purchase and sell exotic farm-raised venison which is processed through an official establishment, certified by the State Livestock-Poultry Health Commission or the United States Department of Agriculture. The food service establishment first must obtain a permit from the department, at no cost, and must maintain adequate records to provide department personnel, law enforcement officers, and other food service inspectors information as to the source of the venison. The premises of the permitted food service establishment must be open for inspection by enforcement officers, department personnel, and food service inspectors at reasonable times or whenever employees are present. (B) The owner of a permitted food service establishment is responsible for compliance with the terms of the permit and with this section. If the food service establishment or its employees violate the terms of the permit or this section, the permit is invalid, and the owner of the food service establishment is guilty of a misdemeanor, and, upon conviction, must be fined not less than one thousand dollars nor more than five thousand dollars or imprisoned not more than one year, or both. (C) An official establishment or a wholesale food distributor may obtain a permit, at no cost, to buy and sell exotic farm-raised venison to a permitted food service establishment. A permittee must maintain adequate records to provide department personnel, law enforcement officers, and other food service inspectors information as to the source of the venison. The premises must be open for inspection at reasonable times or whenever employees are present. If the permittee or its employees violate the terms of the permit or this section, the permit is invalid, and the permittee is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more than five thousand dollars or imprisoned not more than one year, or both. (D) The sale of whitetail deer, wild or farm raised, is prohibited. (E) The Department of Natural Resources may promulgate regulations to enforce the provisions of this section. (F) The provisions of this section do not apply to the sale or purchase of exotic farm-raised venison products that are fully cooked or preserved in a manner allowing for human consumption with no further preparation. Any product offered pursuant to this paragraph must bear official marks of inspection by the United States Department of Agriculture or the State Livestock-Poultry Health Commission. Official marks of inspection must be maintained on the product or product package until removed by the consumer. Any product offered pursuant to this paragraph must be referred to as being from exotic farm-raised venison or similar designation indicating the origin of the product. (G) The provisions of this section also do not apply to the sale or purchase of already processed and packaged pet foods or pet treats containing imported exotic farm-raised venison. Any product offered pursuant to this subsection must have an official product registration issued by the South Carolina Department of Agriculture. Any product offered pursuant to this subsection also must be referred to as being from exotic farm-raised venison or with a similar designation indicating the origin of the product. (H) The provisions of this section do not apply to the retail sale of white-tailed deer organ meat, packaged as pet treats, by official establishments certified by the State Livestock-Poultry Health Division, Clemson University, or the United States Department of Agriculture. The official establishment first must obtain an annual permit from the department, at no cost. For the purposes of this subsection organ meat is defined as white-tailed deer heart, kidney, liver, lung, and spleen. Any product offered for sale pursuant to this subsection must bear the name of the official establishment and have an official product registration as required by the South Carolina Department of Agriculture.

Legislative History

HISTORY: [Derived from former SECTION 50-11-2115 (1976 Act No. 511, SECTION 2)]; 1988 Act No. 561, SECTION 1; 1993 Act No. 181, SECTION 1262; 1997 Act No. 147, SECTION 2; 1998 Act No. 342, SECTION 1; 2001 Act No. 34, SECTION 2; 2008 Act No. 218, SECTION 1, eff May 13, 2008; 2024 Act No. 118 (H.3993), SECTION 1, eff March 11, 2024. Effect of Amendment The 2008 amendment add subsection (G) relating to pet foods or treats containing imported exotic farm-raised venison. 2024 Act No. 118, SECTION 1, added (H).