Section 89. Control of vaccines, serums and other preparations  


Latest version.
  • For the
      purpose of detection, prevention, control or eradication  of  infectious
      or  contagious  diseases of domestic animals and fowls, the commissioner
      may  make  such  exemptions  and  promulgate  such  orders,  rules   and
      regulations  as  he  may deem necessary for the proper control, use, and
      distribution of any and all therapeutic preparations of  microbiological
      origin used in the detection, prevention, control or eradication of such
      diseases  within  the  state.  The following provisions shall govern the
      disposition and use of such preparations.
        (1) Such preparations used, sold, or given away in this state shall be
      labeled   in   conformity   with   the   provisions   of   the   federal
      virus-serum-toxin  act of nineteen hundred thirteen, and any act or acts
      amendatory thereof or supplemental thereto.
        (2) No person shall falsely label or mark any package or container  of
      any  such  preparation,  or  alter  any  label or mark on any package or
      container of such preparation so as to falsify such label or mark.
        (3) Such preparations,  except  those  prepared  by  a  federal  or  a
      designated state agency, prepared within or brought into the state to be
      retained, sold or given away within the state, for use in the detection,
      prevention,  control or eradication of infectious or contagious diseases
      of domestic animals or fowls, or  for  the  administration  thereto  for
      whatever  purpose, shall be reported to the commissioner unless exempted
      by him. Such reports shall be made by the individual, firm,  corporation
      or  institution preparing or selling such preparations within the state,
      or receiving such preparations within the state to be retained, sold  or
      given  away.    The  reports shall show the character and purpose of the
      preparation, the quantity, the name and address of the manufacturer  and
      the  name and address of the person or firm to whom the product was sold
      or given away.
        (4) Except by permission of the commissioner, the sale,  or  gift,  or
      use  of  such  preparations  shall  be  confined  to  legally  qualified
      veterinarians.
        (5) Legally qualified veterinarians using  such  preparations,  except
      those  preparations  exempted  by  the  commissioner,  in the detection,
      prevention, control, or eradication of infectious or contagious diseases
      of domestic animals or fowls shall make a report  of  such  use  to  the
      commissioner immediately after the application or administration of such
      preparation.  The report shall include the name and address of the owner
      or  custodian  of  the  animals,  the  character  and  purpose  of   the
      preparation   employed,  the  amount  used,  and,  if  required  by  the
      commissioner, the identification of each animal and/or  other  necessary
      information.
        (6)  No person shall treat with or inject into any domestic animal any
      preparation, material or substance for the purpose of or with the effect
      of fraudulently interfering in any manner with a normal reaction  to  an
      officially prescribed test.
        (7)  No  veterinarian  shall  certify  or  make a statement showing or
      tending to show that any domestic animal has been tested or examined and
      found free  from  an  infectious  or  contagious  disease,  unless  such
      certification shall show the character of the test, and bear a statement
      that  the  test was made by an officially accepted method, and that upon
      such test or examination the animal failed  to  give  evidence  of  such
      disease.