Current through Register Vol. 48, No. 9, September 27, 2024
A. DHEC may
order decontamination, sealing, or destruction of equipment, foodstuffs,
personal property, or any other material to limit the spread of communicable
disease or contaminating agents. Such orders may apply to specific items or to
classes of items.
B. Destruction
may be ordered when decontamination is not practical or when exigent action is
necessary to control the spread of contamination or communicable disease.
i. A petition for an order of destruction
based on impracticality of decontamination shall be accompanied by one or more
affidavits stating (1) the basis for determining the material to be
contaminated; (2) if contamination cannot be confirmed by tests, the basis for
believing the material to be contaminated or potentially contaminated; (3) the
risk to the public health if the material is neither decontaminated or
destroyed; (4) alternatives such as decontamination or isolation which have
been considered and the reasons they are not adequately protective of the
public health.
ii. Nothing herein
shall be construed to prohibit the immediate destruction without court order of
a source of contamination or communicable disease when, in the professional
judgment of DHEC staff, such action is necessary to prevent or limit the spread
of contamination or disease. To the extent practicable, staff will record a
description of the affected property, the location, and the basis for ordering
immediate destruction.
C. If material can be sealed to eliminate it
as a source of communicable disease or contamination with the possibility of
decontamination after the Public Health Emergency abates, DHEC may order this
as an option. Orders requiring sealing of material shall be reviewed regularly
on a schedule commensurate with the nature of the contaminant, the scope and
extent of the Public Health Emergency, and available resources.
D. Failure to comply with an order requiring
decontamination or sealing of material may be grounds for seeking a court order
requiring destruction of such material.
E. Animals
i. In consultation with the State
Veterinarian, DHEC may issue orders requiring isolation, quarantine, or
destruction of animals. Unless there is a clear medical or public health
necessity, no animal shall be destroyed except by court order.
ii. Domestic pets: DHEC may by order allow
persons to be accompanied by their pets in communal isolation or quarantine
facilities, depending on the nature of the threat and the capacity of the
facility. Alternatively DHEC may order establishment of pet holding areas or
forbid pets in isolation or quarantine facilities.
iii. Non-domestic animals; farm animals;
large animals: DHEC may by order allow owners or their representatives access
to isolated animals for feeding or other necessary care; such access shall be
upon such conditions as DHEC shall order.
