South Carolina General Assembly
116th Session, 2005-2006

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Bill 1376


Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 46-45-10 OF THE 1976 CODE, RELATING TO LEGISLATIVE FINDINGS IN REGARD TO NUISANCE SUITS RELATED TO AGRICULTURAL OPERATIONS, TO ADD A NEW FINDING THAT IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL BE SOLELY RESPONSIBLE FOR A COMPLETE AND INTEGRATED REGULATORY PLAN FOR AGRICULTURAL FACILITIES AND OPERATIONS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 46-45-10 of the 1976 Code is amended by adding an appropriately numbered new item to read:

"( )    With the exception of new swine operations and new slaughterhouse operations, in the interest of homeland security and in order to secure the availability, quality, and safety of food produced in South Carolina, it is the intent of the General Assembly that state law and the regulations of the Department of Health and Environmental Control pre-empt the entire field of and constitute a complete and integrated regulatory plan for agricultural facilities and agricultural operations as defined in Section 46-45-20, thereby precluding a county from passing an ordinance that is not identical to the state provisions."

SECTION    2.    This act takes effect upon approval by the Governor.

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