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This entry was published on 2014-09-22
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SECTION 89
Control of vaccines, serums and other preparations
Agriculture & Markets (AGM) CHAPTER 69, ARTICLE 5
§ 89. Control of vaccines, serums and other preparations. 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.