19-14 Livestock Medicine
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<![CDATA[CHAPTER 19-14LIVESTOCK MEDICINE19-14-01. Definitions. As used in this chapter:1."Commissioner" means the agriculture commissioner.2."Livestock medicine" includes all devices, remedies, cures, tonics, powders,<br>proprietary medicines, type A medicated articles, and similar preparations for the<br>treatment or prevention of any disease of livestock, poultry, or other domestic<br>animals which are administered internally for their stimulating, invigorating, curative,<br>or other than nutritive powers, and also all powders, sprays, dips, and other<br>preparations for external use in the curing of scab or the eradication of ticks, lice,<br>and other mites and parasites on livestock, poultry, or other domestic animals. The<br>term does not include medicines which are manufactured, sold, or recommended<br>primarily for human use.3."Type A medicated article" includes a product with standardized potency containing<br>one or more new animal drugs intended for use in the manufacture of another<br>medicated article or a medicated feed.19-14-02. Registration of livestock medicine. The commissioner, upon the applicationof the manufacturer or distributor of livestock medicine and the payment of the registration fee<br>prescribed in section 19-14-04, shall register any livestock medicine that does not violate this<br>chapter. Registration covers a two-year period beginning July first and ending June thirtieth of<br>every even-numbered year unless it is canceled sooner because a change is made in the<br>ingredients or formula of manufacture or in the name, brand, or trademark under which the<br>medicine is sold. In the event of any change, the medicine must be registered anew in the same<br>manner as upon an original application.19-14-03. Regulations for sale. No person may sell, offer, or expose for sale, have inpossession with intent to sell, any livestock medicine:1.Which is sold under a name, brand, trademark, or labeling which is misleading,<br>deceptive, or false, or which is dangerous to animals under the conditions of use<br>prescribed in the labeling or advertising thereof.2.Which purports to cure any infectious disease of domestic animals for which no<br>genuine cure is known.3.Which has not been registered by the commissioner for sale in this state.Thecertificate of registration must include a disclosure of the name and quantity or<br>proportion of each active ingredient and the names of the inert ingredients or fillers.4.Which does not have printed or written upon the label of each package sold at retail,<br>in type not less than one-fourth the size of the largest type on the package:a.The common name in English of all active ingredients in the order of their<br>predominance in the product;b.A statement of the actual percentage or relative amounts of each ingredient<br>active and inert. In the case of certain products (such as coated medicinal<br>tablets), it may be impractical to state the quantity or proportion of inert<br>ingredients and exemptions must be established by rules adopted by the<br>commissioner;c.The net contents, by weight, measure, or numerical count of the package;Page No. 1d.The name and principal address of the manufacturer or person responsible for<br>placing the livestock medicine on the market; ande.Complete and explicit directions for use of the medicine.5.When the contents of the package as originally manufactured have been removed in<br>whole or in part, and other contents have been placed in such package.19-14-04. Registration fee. Prior to each two-year registration ending June thirtieth ofevery even-numbered year, a registration fee of forty dollars must be paid to the agriculture<br>commissioner for each livestock medicine that is registered. A person submitting an application<br>for registration which is received by the commissioner after July thirty-first of that year shall pay<br>an additional late registration fee of ten dollars.19-14-05. Commissioner may cancel registration. The commissioner may cancel theregistration of any livestock medicine that is sold subsequent to its registration in violation of this<br>chapter. The commissioner may cancel the registration whenever a change is made in the<br>ingredients or formula of the manufacture or in the name, brand, or trademark under which the<br>medicine is sold, unless the medicine has been reregistered.19-14-06. Commissioner may adopt rules, take testimony, grant public hearings.The commissioner may adopt rules pursuant to chapter 28-32 governing applications for<br>registration, the submission of samples for analysis, and all other matters necessary to give<br>effect to this chapter. The commissioner may take expert and other testimony whenever the<br>commissioner deems testimony advisable and, upon request, shall grant a public hearing prior to<br>the cancellation of a registration and also to any manufacturer or distributor whose request for<br>registration of any livestock medicine has been denied.19-14-07. Enforcement of chapter. The commissioner shall enforce this chapter byinspection, chemical analysis, and any other appropriate method. All samples for analysis must<br>be taken from stocks held within, or intended for sale in, this state. The commissioner may<br>require any manufacturer or distributor applying for registration of a livestock medicine to supply<br>samples of the medicine for analysis. The commissioner may institute such action at law or in<br>equity as may appear necessary to enforce compliance with the provisions of this chapter, and in<br>addition to any other remedy, may apply to the district court for relief by injunction, mandamus, or<br>any other appropriate remedy in equity. In such actions, the commissioner is not required to give<br>or post bond in any action to which the commissioner is a party whether upon appeal or<br>otherwise.19-14-08. Penalty - Criminal - Civil. Any person who violates any of the provisions ofthis chapter or any rule adopted pursuant to this chapter, or who willfully and falsely represents<br>that any livestock medicine is registered for sale in this state when in fact it is not so registered, is<br>guilty of a class B misdemeanor. In addition to the criminal penalty provided in this section, a<br>person who violates a provision of this chapter or a rule adopted pursuant to this chapter is<br>subject to a civil penalty not to exceed five hundred dollars per violation.Each day ofnoncompliance constitutes a separate violation for purposes of penalty assessments. The civil<br>penalty may be imposed by a court in a civil proceeding or by the agriculture commissioner<br>through an administrative hearing pursuant to chapter 28-32.Page No. 2Document Outlinechapter 19-14 livestock medicine]]>