§ 47-4-65 — Transport of live swine without identification prohibited.

(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 Section 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. (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 Section 47-4-130. Each violation constitutes a separate offense. (F) Notwithstanding Chapter 3, Title 22, magistrates court has jurisdiction over actions arising under this section.

Legislative History

HISTORY: 2021 Act No. 71 (H.3539), SECTION 1, eff May 17, 2021.