§ 89 — Control of vaccines, serums and other preparations

§ 89. Control of vaccines, serums and other preparations. For the\npurpose of detection, prevention, control or eradication of infectious\nor contagious diseases of domestic animals and fowls, the commissioner\nmay make such exemptions and promulgate such orders, rules and\nregulations as he may deem necessary for the proper control, use, and\ndistribution of any and all therapeutic preparations of microbiological\norigin used in the detection, prevention, control or eradication of such\ndiseases within the state. The following provisions shall govern the\ndisposition and use of such preparations.\n (1) Such preparations used, sold, or given away in this state shall be\nlabeled in conformity with the provisions of the federal\nvirus-serum-toxin act of nineteen hundred thirteen, and any act or acts\namendatory thereof or supplemental thereto.\n (2) No person shall falsely label or mark any package or container of\nany such preparation, or alter any label or mark on any package or\ncontainer of such preparation so as to falsify such label or mark.\n (3) Such preparations, except those prepared by a federal or a\ndesignated state agency, prepared within or brought into the state to be\nretained, sold or given away within the state, for use in the detection,\nprevention, control or eradication of infectious or contagious diseases\nof domestic animals or fowls, or for the administration thereto for\nwhatever purpose, shall be reported to the commissioner unless exempted\nby him. Such reports shall be made by the individual, firm, corporation\nor institution preparing or selling such preparations within the state,\nor receiving such preparations within the state to be retained, sold or\ngiven away. The reports shall show the character and purpose of the\npreparation, the quantity, the name and address of the manufacturer and\nthe name and address of the person or firm to whom the product was sold\nor given away.\n (4) Except by permission of the commissioner, the sale, or gift, or\nuse of such preparations shall be confined to legally qualified\nveterinarians.\n (5) Legally qualified veterinarians using such preparations, except\nthose preparations exempted by the commissioner, in the detection,\nprevention, control, or eradication of infectious or contagious diseases\nof domestic animals or fowls shall make a report of such use to the\ncommissioner immediately after the application or administration of such\npreparation. The report shall include the name and address of the owner\nor custodian of the animals, the character and purpose of the\npreparation employed, the amount used, and, if required by the\ncommissioner, the identification of each animal and/or other necessary\ninformation.\n (6) No person shall treat with or inject into any domestic animal any\npreparation, material or substance for the purpose of or with the effect\nof fraudulently interfering in any manner with a normal reaction to an\nofficially prescribed test.\n (7) No veterinarian shall certify or make a statement showing or\ntending to show that any domestic animal has been tested or examined and\nfound free from an infectious or contagious disease, unless such\ncertification shall show the character of the test, and bear a statement\nthat the test was made by an officially accepted method, and that upon\nsuch test or examination the animal failed to give evidence of such\ndisease.\n